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Home My WebLink About1985-12-11 - City Commission Regular Meeting Minutesr4 0RI P.Q. BOX 25010 TAMARAC, FLORIDA 33320 FIRST CLASS MAIL CITY OF TAMARAC CITY COUNCIL REGULAR COUNCIL MEETING WEDNE DAY DECEMBE 1 1 85 CALL TO ORDER: 9:00 A.M. ANNOUNCEMENTS OF TIME ALLOCATIONS - MOTIONS 0_TABLE - The Chair at this time will announce those items which have been given a specific time to be heard, and will entertain motions from Council members to table those items which require research. Council may agendize by majority consent matters of an urgent nature which have come to Council's attention after publication. PRESENTATIONS 1. Traffic Safety - Presentation by Mayor Kravitz of a proclamation designating December 15 - 21, 1985, as "Drunk and Drugged Driving Awareness Week". 2. Ant'-D fa at' n L a ue of 'n i B'rith - Announcement of a proclamation to be presented by Mayor Kravitz designating the week of December 8, 1985, as "Anti -Defamation Week. BOARDS AND COMMITTEES 3. Public Information Committee -- Report by Joseph Stokvis, Editor of the Tam -A --Gram. Discussion and possible action. CONSENT AGEND 4. Items listed under Item #4, 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. a) Minutes of 11/8/85 - Special Meeting - Approval recommended by City Clerk. b) Richard S. Rubin - Consulting City Planner - Services for November, 1985 - $3,278.75 -- Approval recommended by Chief Building Official and City Manager. c) Alan F. Ruf - Consulting City Attorney - General Services - 12/4/85 - $2,905.75 - Approval recommended by City Attorney. d) Alan F. Ruf - Consulting City Attorney - Municipal Prosecuting Services - 11/26/85 -- $1,361.25 - Approval recommended by City Attorney. 12/11/85 pg. 3 roc. present. 12/11/85 pg. 3, announce. made,: 12/11/85 pgs. 2 & 3 agend. by cons. see pgs. 7 & 8 12/11/85 pgs. 9 & 10 APPROVED items a) - e), Item b) was removed and HELD for the afternoon f) was REMOVED and TABLED further researcr PAGE 1 12/11/85 e) James M. Montgomery, Consulting Engineers, Inc. - Invoice 51264 - 12/5/84 - $500.00 - Public Works Fuel Storage Tanks - Approval recommended by Public Works Director and Utilities Director/City Engineer. f) City Clerk Department - Authorization to go to bid for records storage and associated services. GENEM-ADMINISTRATIVE/FINANCIAL 5. City Manager Position - Temp. Reso. #3920 - Discussion and possible action to appoint Larry Perretti as City Manager. 6. Bid Award - Personnel Insur nce - Temp. Reso. #3919- Discussion and possible action to award a bid for long term disability insurance. 7. Property_ and Casualty_ Insurance -- Discussion and pos- sible action to purchase this coverage. 8. Touc oss & Co. - Auditor - Discussion and possible action on payment of invoice in the amount of $6,000.00 for progress billing in connection with Fiscal Year 1984/85 (tabled from 11/27/85). 9. City Core Account at NCNB National Bank - Discussion and possible action to close this account and deposit the funds into an alternate account. 10. Tamarac Park -- Ballfield 12 - Report by City Attorney - Discussion and possible action on payment for services for installation of lighting (tabled from 11/27/85) 11. Tamarac Veterans Park - (Cypress Creek Commons) - Discussion and possible action to designate the persons to locate the planting of trees. 12. Area Aggncv on Aging - Discussion and possible action on payment in the amount of $5,000.00 for Fiscal Year 1985/86 (tabled from 10/23/85) . 13. Future Traffic Needs and Fundin tud - Discussion and possible action on payment in the amount of $7,172.86 to Kimley-Horn and Associates, Inc., for services in connec- tion with this Study (tabled from 11/27/85). 14. Occupational License Fee Refund - Discussion and possible action to authorize refund of fee paid by John Mather for Fiscal Year 1985/86. 15. Browaxd__League of_Citigs_Business - Discussion and possible action. 16. Northwest Council of Mayors Business - Discussion and possible action. 1 12/11/35 pg. 3 TABLED 12/11/85 pgs. 6,7,43 TABLED til 12/17 12/1X/86 pgs. 7 & 38 APPROVED 12 lY/85 pg. 2 Agen. By Cons see p . 15 12 11/85 pg. 8, Fin. Director Auth to negot. 12 11/85 pgs. 11 & 2 APPROVED 12/11/85 pg. 12 REMOVED 12/11/85 pgs. 14 & 15 APPROVED 12/11./85 pgs. 15 & 16 APPROVED 12/11/85 pg. 13 Auth. given 12/11/85 pg. 16 report given 12/11/85 Pg. 16 report coven PAGE 2 12/11/85 TAMARAC UTILITIES 17. Utilities West - Rehabilitation and Expansion of Wastewater Treatment Plant (Project 85-19_) - Discussion and possible action on: a) Approval of an engineering agreement, including Addendum 1 and Addendum 2, with Hazen and Sawyer b) Authorization to proceed with certain design tasks on this project. (tabled from 11/27/85) 18. Utilities West - Discussion and possible action to approve the purchase of the following equipment under State Contract in lieu of bidding: a) 3/4-ton pickup truck b) 1-ton flat bed truck c) 2-1/2-tan truck 19. Utilities West - Discussion and possible action to award bids for the following: a) Three electronic flow monitors, one processor and one page printer - Temp. Reso,#391k b) Three gas detectors - Temp. Reso. #3917 c) One 5-tan hydraulic crane - Temp. Reso._#3918 20. Utilities East - Discussion and possible action to approve an agreement with Williams, Hatfield & Stoner, Inc., to provide "as -built" drawings of the existing facilities. 21. Utilitigs - Temp. Reso. #3883 - Discussion and possible action to authorize execution of a contract with Shelton Enterprise, Inc., to provide notification to the City when utility locations are required (tabled from 11/27/85). LEGAL AFFAIRS 22. 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. (tabled from 11/27/85). 23. Inve_s_tments of City Funds - Tgmp._Oxd= #1233 - Discussion and possible action to amend Chapter 9 of the Code concerning allowable investments. First Reading. (tabled from 11/27/85). 24. Vehicle Repairs - Tem 0 d #1236 -- Discussion and possible action to create Section 15-8 of the Code to prohibit all major motor vehicle repairs in residentially zoned areas. First Reading. 25. Woodward vs. City of Tamarac - Report by City Attorney - Discussion and possible action regarding settlement of this lawsuit. 26. Professional_ vices - Discussion and possible action on statements received for professional services from: a) Muller, Mintz, Kornreich, Caldwell, Casey, Crosland & Bramnick, P.A. (tabled from 10/23/85) b) Facciani & Company (tabled from 9/26/85) 27. Fxe_ Aid_ Agreement - Temp. Reso. #3925 - Discussion and possible action to authorize execution of a revised Consolidated Mutual Fire Aid Interlocal Agreement with various governmental agencies within Broward County. 12/11/85 pgs. 26 & 27 a) APPROVED b) APPROVED w/exception of task order 1.1 12/11/85 PG. 28 APPROVED a) , b) , & c) 12/11/85 pgs. 28, 43 & 44 APPROVED 12/11/85 Pg. 29 APPROVED 12/11/85 pgs. 29 & 30 TABLED 12/11/85 pg. 4 - 6 TABLED til 1/2/86 meetinc 12/11/85 pgs 11,19&20 TABLED 12/11/85 pg. 10 APPROVED 12/11/85 pg. 13 report was given 12/11/85 pg. 40 - 42 a) APPROVED b) TABLED 12/11/85 pg. 21 TABLED PAGE 3 12/11/85 28. City-of-Tamar-ac - Vacation -of -Right -of -Way - Petition #2-y-84, - Tem 0 d 41160 - Discussion and possible action to vacate a portion of NW 67 Street that dead -ends at the western portion of the proposed Tamarac Pointe Apartment project in Mainlands Section 15. First Reading. (tabled from 12/12/84 and 12/27/84). Staff recommends denial. COMMUNITY DEVELOPMENT 29. Mobil oil Corporation - Discussion and possible action on: a) Rezoning Petition #12-Z--85 - Temp. Ord. #1219 - Rezoning of lands at the southwest corner of Commercial Boulevard and State Road 7 from B--1 (Neighborhood Business) to B-3 (General Business). Second Reading. (Public hearing held 9/26/85) (1) Acceptance of Affidavit of Publication and Affi- davit of Posting (2) Consideration of application b) Acceptance of Declaration of Restrictive Covenants - Temp. Reso. #3768 (tabled from 10/23/85) 30. Barry, S. Eden - Rezoning Petition #21-Z-85 - Temp. ord,_#I228 - Discussion and possible action to rezone the lands on the north side of McNab Road, approximately 500- feet east of NW 84 Terrace, from B-6 (Business District) to B-1 (Neighborhood Business). First Reading. (Public hearing held 11/13/85). 31. Jasmine - Discussion and possible action on: a) Revised site plan correcting certain dimensions - Temp. Reso. #3930 b) Amendment to the Water and Sewer Developers Agreement 32. Tamarac Market Place - Discussion and possible action on: a) Revised site plan for Savings of America Bank - Temp. Reso. #3931 b) Amendment to the Water and Sewer Developers Agreement c) Utility Easement - Temp. Reso. #3932 33. Blatt Commercial Plat - Discussion and possible action on: a) Plat - Temp. Reso. #3935 b) Development Order - Temp. Reso. 3 3 c) Water Retention Agreement d) Development Review Agreement e) Agreement for funding future traffic and signalization needs (To be located on the north side of Commercial Boulevard, east of Lindsley Lumber to NW 73 Avenue) 12/11/85 pg. 26 DENIED 12/11/85 pgs. 16 - 18 A) TABLED B) City Attorney to research zon- ing code. 12/11/85 Pg• 18 TABLED til 1/10/86 meeting 12/11/85 pgs. 18, 39 & 40 APPROVED 12/11/85 pgs. 38 & 39 a) & c) APPVD b) APPVD w/ condition 12/11/85 Pg• 20 TABLED PAGE 4 12/11/85 I 1 34. Tamarac_ Nurr_ing Center - Discussion and possible action on: a) Amendment to the Special Exception granted on 1/9/85 to permit construction of a 180-bed facility - Temp. Reso. #3729 b) Declaration of Restrictions - Temp. Reso_#3937 c) Developers Agreement (tabled from 9/26/85). Motion to remove from agenda. d) Site Plan - Temp. Reso.__ _ 3388 e) Landscape Plan f) Water and Sewer Developers Agreement g) Blanket Utility Easement -- Temps Reso._I3939 h) Off -Site Utility Easement - Temp, Reso 4 i) Public Safety Ingress/Egress Easement - Temp, eso 394 j) Agreement for funding future traffic and signalization needs. (To be located on the west side of NW 79 Avenue, between the canal. and NW 57 Street) 35. golf Yjjjas.jqt Sabal Palm - Revised Site Plan - Temp. Reso. #3928 - Discussion and possible action on a revised site plan reflecting modification to design and parking circulation at the clubhouse and to include dropoff bay at mailboxes. 36. WoodMont Country Club - Revised Site Plan - Temp. Reso. #3929 - Discussion and possible action on a revised site plan to extend the deck around the pool. 37. Woodmont Tract 48 Sian Waiver - Temp. peso, #3926- Discussion and possible action to renew two sign waivers for signs on property other than the applicant's. 38. Woodpont_Tract 68/77 - Warranty Bond - Temp. Reso. # 927 -- Discussion and possible action on disposition of a warranty bond posted for public improvements. 39. Arbors at Isles of Tamarac - Model Sales Facility - Discussion and possible action to renew a model sales permit and waiver of the 150--foot distance requirement for issuance of certificates of occupancy. 40. Baysi P ,at Isles of marac - Discussion and possible Ta. action on: a) Amendment to the Water and Sewer Developers Agreement b) Model sales permit and waiver of the 150--foot distance requirement for issuance of certificates of occupancy c) Easement and Option Agreement in connection with the model sales facility - Temp. Reso. #3934 41. Belfort - Bond Releases - Temp. Reso, #3933 -- Discussion and possible action to release cash bonds posted to guarantee installation of landscaping for Buildings D-2, E-1, E-3 and the cabana. 42. Calico Country (Woodview Tract 38) - Model Sales Facility - Discussion and possible action to renew a model sales permit and waiver of the 150--foot distance requirement for issuance of certificates of occupancy. REPORTS 43. City Council 44. City Manager 45. City Attorney 12/11/85 pgs. 33 - 37 APPROVED a), b) , c) , d) f) , g), h). i), TABLED e ) , REMOVED j) 12/11/85 pgs. 30 & 31 APPROVED 12/11/85 pgs. 8 & 9 APPROVED 12/11/85 Pg. 32 TABLED tit 1/10/86 meet. 12/11/85 Pg. 32 APPROVED 12/11/85 pg. 39 TABLED til 1/10/86 meet. 12/11/85 pgs. 31 & 32 TABLED til 1/2/86 meet. 12/11/85 Pg. 42 APPROVED 12/11/85 pgs. 42 & 43 APPROVED 12/11/85 report given 12/11/85 no report 12/11/85 report given PAGE 5 12/11/85 City Council may consider and act upon such other business as may come before it. Pursuant to Chapter 286.0105, Florida Statutes, if a person decides to appeal any decision made by the City Council with respect to any matter considered at such meetings or hearing, he may need to ensure that a verbatim record of the proceedings is made which record includes the testimony and evidence upon which the appeal is based. CITY OF TAMARAC Carol E. Barbuto Assistant City Clerk SPECIAL A D-_WORKSHOP MEETINGS Tuesday, December 10, 1985 Tuesday, December 17, 1985 Friday, December 20, 1985 - 10:00 A.M. -- Special Council Meeting - Council Chambers - TUW - Revenue and Refunding Bonds -- 9:00 A.M. -- Special Council Meeting -- Council Chambers - Public Hearing - Thomas S. Watkins - Joint Workshop Meeting of City Council and Pension Board - Council Chambers 1:00 P.M. Following are the residential and commercial zoning districts in the City: A-1 _ Limited Agricultural A-5 - Agricultural/Excavation B-1 - Neighborhood Business B-2 - Planned Community Business B-3 - General Business B-5 - Limited Business District B-6 - Business District I-1 - Institutional M-1 - Light Industrial M-2 - Medium Industrial R-1 - Single Family Residence R-IB & R-IC - One Family Dwelling R-2 - Two Family Dwelling R-3 - Low Density Multiple Dwelling R-3U - Row House R-4A - Planned Apartment R-5 - Motel/Hotel RD-7 - Two Family Dwelling RM-5 - Residential Multi -Family Dwelling RM-10 - Planned Apartment S-1 - Open Space/Recreational T-1 - Trailer Park District 1 1 PAGE 6 12/11/85 s.ee,i785&22 46. Utilities West - Raw Water Wells Nos. 20 thru 24 - Discussion and possible action. 47. University Park Office Center - Corrected Deed for Right -of -Way- Temp. Reso. #3922 Discussion and possible action. 48. Tamarac Park Lighting - Payment of bill Leisure Develo ment Consultants of Florida - Tract 27 - Sports Lighting Engineering Services - Discussion and possible action. 49. Interstate Pipe Maintenance - Grant Project 84-6 - vi aymen - Invoice -01 - Discussion ancl possibie action. 50. Metropolitan Planning Organization - Temp. Reso. #3944 - Discussion and Possible Action. 51. Bid Authorization to Change the Media in Filters 3 & 4 at the Water Plant - Discussion and Possible Action. 52. Welcoming Committee - Temp. Reso #3924 - Discussion and possible action concerning appointment of a member. 53. Certificate of Appreciation - Presentation by Acting City Manager, Larry Perretti of a Certificate of Appreciation to Steve Melnick, Police Department, for his contributions to the Turkey Trot run by the City. pg - 1, Agen. by consent. 12/11/85 pg. 1 Agen. b�, consent see pg. 22 12/11/85 pg. 1 Agen, bl consent, see pa. 22 12/11/85 pg.2 Agen, by Con. see pgs. 22- 25 12/11/85 p.2 Agen. by Con. see pg. 25 12/11/85 pg. 23, agen. by cons. see pgs. 3 & 4 12/11 85 pg. 23 Agen. by con. see pg. 24 12 11 85 p.23 Agen, by Con. see pg. 24 CITY OF TAMARAC, FLORIDA REGULAR CITY COUNCIL MEETING December 11, 1985 Tape 1 CALL_TQ ORDER: Mayor Kravitz called the meeting to order on Wednesday, December 11, 1985 at 9:00 A.M. in the Council Chambers of City Hall. ROLL CALL: PRESENT: Mayor Philip B. Kravitz Vice Mayor Helen Massaro Councilman Arthur H. Gottesman Councilman Raymond J. Munitz Councilman Sydney M. Stein Larry Perretti, Acting City Manager Jon M. Henning, City Attorney Marilyn Bertholf, City Clerk Patricia Marcurio, Secretary MEDITATION AND P CE: Mayor Kravitz called for a Moment of Silent Meditation followed by the Pledge of Allegiance. UTILITIES 46. Utilities West - Raw WaterWells Nos, 20 thru 24 - Discussion and possible action. SYNOPSIS OF ACTION: Agendized by Consent. (See Pages 21 & 22). V/M Massaro MOVED to Agendize by Consent authorization to transfer $10,000.00 from Account #429--366--536-462 titled Building Repairs to Account #432-363-537-639 titled Raw Water Wells 20 thru 24 that has a balance of 0. She said Council previously approved going to bid on this and accepted the bid but the transfer of money had not been accomplished. SECONDED by C/M Stein. VOTE: ALL VOTED AYE COMMUNITY DEVELOPMENT 47. iT"ni'yer'6i�--,'PaxCenter - Corrected Deed for R19bt- Qf-Way - Temp eso.-A-3912 - Discussion and possible action. SYNOPSIS OF ACTION: Agendized by Consent. (See Page 22). Mr. Henning said it is necessary to have a correction of the Quit - Claim Deed for the right-of-way offered for the University Park Office Center Project and he asked to have Temp _Res_o._#3222 Agendized by Consent for this purpose. V/M Massaro so MOVED, SECONDED by C/M Stein. VOTE: ALL VOTED AYE GENERA,_ ADMINISTRA,TIYBZFINANCIAL 48. Tamarac Park Li tins -- Payment of bill to Leisure Development ,Consultants„ of Florida - Traot_ 7 - Sports :Lightincr Enginee ng Services - Discussion and possible action. SYNOFSIS_OF ACTION: Agendized by Consent. (See Page 22). 1 r 12/11/85 �l/ /pm V/M Massaro MOVED to Agendize.�by.Consent discussion..aad possible action relating to accepting the bid for redesigning,the soccer field lights. SECONDED by C/M Gottesman. VOTE:. ALL VOTED AYE 49. Interstate-_Pipe_.Maintenanc� - Grant Project 84-4 -- Payment #7 It -- Invoice ce #1704--01 --..Discussion and possible action. SYNOPSIS OF ACTION: Agendized by Consent. (See Pages 22 through 25). V/M Massaro MOVED to Agendize by Consent payment of the final bill to Interstate Pipe Maintenance for the balance due in the amount of $125,414.94. She said this is urgent because if they are not paid within 10 days of the billing, it will affect the City's Grant for the project. SECONDED by C/M Stein. VOTE: 8. Touche Ross &_Co. - Auditor - Discussion and possible action on: a) Payment of invoice in the amount of $6,000.00 for progress billing in connection with FY 84/85 b) Preparation of Bond Auditor Report fee in the amount of $8,500.00 SYNOPSIS OF ACTION: b) Agendized by Consent. For action on a) and b), (See Page 15). V/M Massaro MOVED to Agendize by Consent a b) portion to this item to pay Touche Ross for their preparation of the Bond Auditor Report, SECONDED by C/M Gottesman. VOTE: 50. Metropolitan Planning_Organiza-tion - Temp. Reso. #3944 - Discussion and possible action. SYNOPSISOF_ACTION: Agendized by Consent. (See Page 25). Mr. Henning said he received a memo from the City of Margate requesting a Resolution to allow smaller cities a reevaluation to possibly be part of the MPO. He suggested this be Agendized by Consent. C/M Stein so MOVED, SECONDED by C/M Gottesman. VOTE: ALL VOTED AYE BOARDS -AND COMMITTEE a" 3. PublicFormation Committee - Discussion and possible action on: a) Report by Joseph Stokvis, Editor of the Tam -A -Gram b) Request to have revenues received from advertising deposit- ed into the PIC Account SYNOPSIS OF ACTION: b) Agendized by Consent. For action on a) and b), (See Pages 7 & 8) . 2 12/11/85 /pm Mayor Kravitz noted that there was a request from Irving Fenichel, Chairman of the PIC, to have supplemental money that is received by their Committee be added to the budget. V/M Massaro MOVED to Agendize this by Consent as a b) portion to this item. SECONDED by C/M Gottesman. VOTE: ALL VOTED, AYE 5. City -Manager P s' 'on - Temp. Reso. #3220 - Discussion and possible action to appoint Larry Perretti as City Manager. SYNOPSIS, OF ACTION: TABLED at Larry Perretti's request. Acting City Manager Perretti requested this item be TABLED to allow Council and he a chance to review the contract. C/M Munitz so MOVED, SECONDED by V/M Massaro. VOTE PRESENTATIONS ALL VOTED AYE 1. Traffic Safety -- Presentation by Mayor Kravitz of a proclama- tion designating December 15 - 21, 1985, as "Drunk and Drugged Driving Awareness Week". SYNQPSIg QE ACTION: The proclamation was presented. Mayor Kravitz presented a proclamation designating 12/15 - 12/21/85, as "Drunk and Drugged Driving Awareness Week" to Michelle Feibus, Public Information Coordinator of the Highway Safety Office. 2. AntirDefamation ' ' th - Announcement of a proclamation to be presented by Mayor Kravitz designating the week of December 8, 1985, as "Anti -Defamation Week". SYNOPSIS OF ACTION: Announcement was made, Mayor Kravitz announced that he has presented a proclamation designating the week of 12/8/85 as "Anti -Defamation Week" to a representative of the Anti -Defamation League. UTIL ITIE,6 51. Bid A-uthorizatign to change -the media on Filterg 3& t the Watex_Flant - Discussion and possible action. SYNOPSIS QF ACTION: Agendized by Consent. (See Page 23) . 3 12/11/85 /pm V/M Massaro MOVED to Agendize this item by Consent, SECONDED by C/M Gottesman. VOTE: C/M Stein Absent C/M Munitz Aye C/M Gottesman Aye V/M Massaro Aye Mayor Kravitz Aye LEGAL AFFAIRS 22. 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. (tabled from 11/27/85) SYNOPSIS_ OF_ ACTION: TABLED to the 1/2/86 Council meeting providing both Telesat and American Cable submit information requested by Council. Mr. Henning read Temp. Ord.__#1227 by title. Michael Moskowitz, Attorney representing the petitioner, said they are requesting the approval of the transfer of an existing fran- chise which is presently held by UTA Cable Corp. since Telesat Cablevision, Inc. is purchasing the stock of UTA. He said UTA has a non-exclusive franchise in Kings Point and Tamarac Gardens and is presently servicing approximately 400 residents. He said their record has been outstanding and the approval of this franchise will not change the quality of service. Mr. Moskowitz said all the commitments that presently exist will be honored by Telesat. He said Nancy Unofsky, who is presently the General Manager of UTA, will be the General Manager of Telesat and is a resident of Woodmont. Harry Cushing, Executive Vice President of Telesat, said he has been a resident of Tamarac for 3 years. He said Telesat has been incorporated since 1981 and they started building cablesystems late in 1982. He said to date they have approximatly 30 cable - systems both franchised and private in Dade, Broward and Palm Beach Counties. He said they are opening offices in Orlando and Tampa and will be expanding throughout Florida. Mr. Cushing said on 4/30/85, they were acquired by a holding company for Florida Power & Light, FP&L Group, and they are now a fully -owned subsidiary of that group. He said Telesat has the financial ability to provide the quality of service that has been maintained to this point at Kings Point. V/M Massaro asked if Telesat has an office in Tamarac and Mr. Cushing said their office is located in Pompano Beach on Powerline Rd. with a local telephone number. V/M Massaro asked what kind of response time they have for service calls and Mr. Cushing said typically the next business day with emergencies responded to 24 hours a day. V/M Massaro said she has some questions concerning various items that are offered and she would like to compare everything with the other company. She said she feels that could be done before the second reading of Temp. Ord, #.1227. 1 1 4 12/11/85 /pm Mr. Henning said this is first reading and there will be second reading after an advertised public hearing. He said he under- stands that there is an acquisition by Telesat of a few cable companies. Mr. Cushing said there are other systems of UTA that are in Palm Beach and Dade Counties as well. Mr. Henning said Section 2 of the Ordinance provides a reasonable period of time to make the stock transfer and Council needs to know when that stock transfer will occur. Mr. Cushing said he will provide that information to the City Attorney's office within the next few days. Mr. Henning said the franchise, under UTA, provides for various insurance policies and those certificates of insurance should be at the second reading or at the actual assignment. Mr. Cushing said those are being delivered to his office today and he will have them for the City Attorney shortly. Mr. Henning asked Mr. Moskowitz to prepare an assignment document to be attached to the Ordinance if it is approved with signature lines for the City Manager and the Mayor. John Chappell, representing American Cablesystems, said they are the franchise holder for the remainder of the City and they have a local office as well. He said they have demonstrated a serious commitment to the community over the last few years and they are not happy about this because the rules are changing. He said before there was a developer -owned cable system in Kings Point with no intention to expand. He said FP&L is a new entity which has announced that they want to be the major player of cable television in South Florida. Mr. Chappell said competition is fine but the residents should have the same opportunities. He said a comparison of what American Cablesystems provides vs. what residents of Kings Point currently receive shows that American Cablesystems has put several hundred thousand dollars into community programming including a studio and a mobile production vehicle. He questioned whether Telesat plans to have a studio and a mobile production vehicle with the intent of having local community programming. Mr. Chappell said Mr. Cushing stated they will have 24-hour service capability and he questioned whether this meant a tele- phone answering service or a person at the office 7 days a week, 365 days a year. He said they have a local office on 77th Way. He said they have a 52-channel capable system with over 40 pro- grammed now with a number of services offered which are not offered by FP&L. He said some of these include: Nickelodian, quality children's programming, music television, CNN Headline News, National Network, the Weather Channel, National Jewish Television, Christian Broadcasting Network, the local community channel, video Hits 1, a country music television service and optional premium services such as Disney channel, the Playboy channel, American Movie Classics and Bravo. Mr. Chappell said Mr. Cushing's company is expansion -oriented and the people in Kings Point have an inferior service and American Cable would like to see them have the same options the rest of the City does. He said there are two ways to make that happen, first, by making Telesat upgrade the quality of their service to provide the same things American Cable does and, second, let American Cable in to compete. He said presently, the developer does not allow them to go in there and he suggested Council consider allowing an easement for American Cable to provide Kings Point service in conjunction with FP&L. 5 / 12/11/85 , / /pm VVV C/M Stein said he discussed what "non-exclusive franchise" for the cable systems meant with the City Attorney and he explained that the City allows competition and does not give out exclusive contracts for franchises. He said he found that is only the legal language since the fact is that the developer has a right not to grant the easement to allow other cablesystems into the area. He said he would like to review this further. V/M Massaro said she felt this should be approved on first reading since the residents from Kings Point will appear at the public hearing to discuss their feelings concerning the service there. V/M Massaro MOVED APPROVAL of T_mps Ord._#,1227 on first reading. C/M Gottesman said he would like to request both cable companies to present to Council all the things their services supply or will supply including rates before the public hearing. Mayor Kravitz called for a SECOND to the MOTION for APPROVAL of Temp —Ord, _ #1227 and, hearing none, the MOTION DIED for lack of a SECOND. Mr. Henning noted that if there is no Motion to Approve, Council could either Move to Deny or to Table the item. C/M Stein MOVED to TABLE this item on first reading until the 1/2/86 Council meeting providing that both parties involved submit the information requested, SECONDED by C/M Gottesman. VOTE: C/M Stein Aye C/M Munitz Aye C/M Gottesman Aye V/M Massaro Nay Mayor Kravitz Nay V/M Massaro suggested the City Manager provide Council with copies of both franchises. GENERAL ADMINISTRATIVE/FINANCIAL 6. Bid Award - Personnellinsurance - Temp. Reso. #3919 - Discussion and possible action to award a bid for long term disability insurance. SYNOPSIS OF ACTION: Discussion, for action, (See Page 43). Mr. Henning read Igmy. Rpso,19 by title. Mr. Henning said the Pension Board and staff have been considering long-term disability for several years and have finally received a few bids on this. He said it will take some of the burden off the Pension Plan and is a good benefit for the employees. He told Council there are premiums of $4,408.66 per month based on the present payroll. He said this is a 12-month contract. C/M Stein questioned if this was a line item in the budget and Mr. Perretti said the premium is budgeted. 6 12/11/85 /pm C/M Stein said a Resolution was recently passed stipulating that no funds would be voted on unless it was specifically stated where they are coming from and what is left in the fund after that amount is transferred. Mr. Henning noted that the Finance Director was on his way to explain this further and Mayor Kravitz held this item until then. 7. Pgoverty andCasualty Insurance - Discussion and possible action to purchase this coverage. SYNOPSIS OF ACTION: HELD for later action. (See Page 38). Tape 2 V/M Massaro suggested the Finance Director review this item as well in order to have a budget adjustment. Mayor Kravitz said this item will be discussed after 1:30 P.M. 3. b a n Committee on: a) Report by Joseph Stokvis, b) Request to have revenues ed into the PIC Account - Discussion and possible action Editor of the Tam -A --Gram. received from advertising deposit - SYNOPSIS OF ACTION: a) Joseph Stokvis gave a report. b) Agendized by Consent. (See Pages 2 & 3). The money received may be escrowed for this account and kept segregated for that purpose. a) Joseph Stokvis, Editor of the Tam -A --Gram, said he would like the record to indicate the City's thanks to the Ambassador Savings & Loan Association for subsidizing the printing of the City maps that are distributed and available at City Hall. V/M Massaro suggested the City Manager send a letter of gratitude to Ambassa- dor Savings & Loan. b) Irving Fenichel, Chairman of the PIC, said in an effort to save the City money, the PIC solicited payment for 5,000 maps from the Ambassador Savings & Loan and they agreed. He said the PIC had a budget for FY 84/85 of $7,500.00 and for FY 85/86 of $5,200.00. He said they felt they could not operate the FY 85/86 for the amount of $5,200.00 and produce a fine Tam -A --Gram for 10 months at a cost of approximately $6,000.00 or more. Mr. Fenichel said they came to Council to get approval for the PIC to solicit ads for the Tam -A -Gram and Yearbook which Council did approve. He said they would now like to supplement their budget with all monies from advertising in the Tam -A -Gram and Yearbook. Frank Etheredge, Finance Director, said the money would still come into the General Fund but, as the advertisement money was brought in, he will send a budget adjustment to Council to increase the revenue account and the PIC expenditure account. V/M Massaro asked if that money could not be handled as an escrow account until money is accumulated to be transferred. Mr. Etheredge said yes. 7 12/11/85 /pm V/M Massaro MOVED that the money be escrowed for this account and kept segregated. SECONDED by C/M Gottesman. VOTE : C/M Stein Absent C/M Munitz Aye C/M Gottesman Aye V/M Massaro Aye Mayor Kravitz Aye GENERAL ADMINISTRATIVE/FINANCIAL 9. City Co-Ee Account at NCND ILational-- Discussion and Possible action to close this account and deposit the funds into an alternate account. $YNQPSIS,. OF ACTION: The Finance Director was authorized to negotiate with NCNB, along with Soley Goldberg, with a report to Council on their findings. Mr. Etheredge said the CORE Account is comprised of the City's 3 checking accounts which are maintained at NCNB. He said they require the City to hold $235,000.00 as a minimum balance for which they pay the City a nominal rate of interest. He said he would like authorization to approach them to allow the City to free this $235,000.00 and just put in that account the amount of checks written on a weekly basis. He said the rate of interest that the CORE Account was paying this year was 6.1% over this last year and the City would have done better if invested elsewhere. Mr. Etheredge said the City will have to pay the monthly services from now on which amounted to approximately $20,000.00 for this last fiscal year. Soley Goldberg, resident, said he feels the Finance Director is right and after discussion with NCNB, they will waive the fees. He said he was not aware of the fact that the City had to keep $235,000.00 in that Account. He said without losing interest on that money, there are other methods by keeping this money in other accounts and transferring the money when checks are written. Mr. Etheredge said NCNB recently notified the City that the amount of money for the CORE Account will be increased to $315,000.00. Mr. Henning said Council should authorize the Finance Director, along with other people, to negotiate with NCNB and V/M Massaro asked to appoint Soley Goldberg to be on this committee. Mayor Kravitz said he will take V/M Massaro's suggestion into account. V/M Massaro MOVED that the Finance Director be authorized to negotiate with NCNB and she suggested Soley Goldberg be authorized to assist in these negotiations with a report back to Council. SECONDED by C/M Gottesman. VOTE: ALL_ VOTED„ AYE_ COMMUNITY DEVELOPMENT 36. K92dmont Country -Club - fty ' sed Site Plan -- T-emp. gesg, #3929 - Discussion and possible action on a revised site plan to extend the deck around the pool. SYNOPSIS OF_ACTION: APPROVED as amended. RESOLUTION NO. R-85-431 PASSED. 8 12/11/85 /pm Mr. Henning read TeMR._Reso, #3929 by title. V/M Massaro said the meter must be moved from the area and placed outside of the fence. Jack Mazzarini, Maintenance Director at Woodmont Country Club, said the meter referred to is not a water meter but is an electrical box that can be raised before pouring cement; therefore, there is nothing to be moved. Bob Jahn, Chief Building Official, said they approved the revised site plan which stipulated that this was a water meter subject to the applicant moving this meter. He said subsequently, he re- ceived information that it may not be a water meter and Bob Foy, Deputy City Engineer, verbally stated that it is a private line and is not one of the City's water meters. He said this would not have to be moved. C/M Stein MOVED APPROVAL of eso 3 29. Marilyn Bertholf, City Clerk, said one of the conditions of approval was that a water meter be moved from the pool deck and she noted this should be removed from the Resolution. C/M Stein REWORDED his MOTION for APPROVAL of TeM2. Rego. #3929 as amended, SECONDED by C/M Munitz. Y UE : ALL VOTED AYE AGENDACONSENT 4, Consgnt d - a) Minutes of 11/8/85 - Special Meeting - Approval recommended by City Clerk. b) Richard S. Rubin - Consulting City Planner - Services for November, 1985 -- $3,278.75 - Approval recommended by Chief Building Official and City Manager. c) Alan F. Ruf - Consulting City Attorney - General Services -- 12/4/85 -- $2,905.75 - Approval recommended by City Attorney d) Alan F. Ruf - Consulting City Attorney - Municipal Prosecuting Services - 11/26/85 - $1,361.25 - Approval recommended by City Attorney. e) James M. Montgomery, Consulting Engineers, Inc. - Invoice 51264 - 12/5/84 -- $500.00 -- Public Works Fuel Storage Tanks - Approval recommended by Public Works Director and Utilities Director/City Engineer. f) City Clerk Department - Authorization to go to bid for records storage and associated services. SYNORSIS OF ACTION: APPROVED Items a), c), d) & e). Item b) was REMOVED and HELD for the afternoon (See Page 25) Item f) was REMOVED and TABLED 41 for further research. V/M Massaro requested Items b) and f) be REMOVED for discussion. C/M Gottesman MOVED APPROVAL of Items a), c), d) and e), SECONDED by C/M Munitz. ALL =P YE 9 12/11/85 /pm b) V/M Massaro requested Item b) be HELD for the afternoon. f) V/M Massaro said she does not like the records of the City being in various areas and she wanted time to look into this further. She MOVED to TABLE Item f), SECONDED by C/M Stein. yOTE: AJL VOTED AYE LEGAL -AFFAIRS 24. 'c s - Temp. Ord. 11236 -- Discussion and possible action to create Section 15-8 of the Code to prohibit all major motor vehicle repairs in residentially zoned areas. First Reading. SYNOPSIS OF -ACTION: APPROVED on first reading as amended. Mr. Henning read Temp. Ord,- #1236 by title. Mr. Henning noted there were typos in the title, the word "Chapter" should replace "Article" and the words, "B-1 Neighbor- hood Business Center District" should be eliminated. Mr. Henning said there have been several complaints that there is extensive motor vehicle repair work being done in residential areas within the City. He said these are in two categories, first, just extensive repair and, second, a commercial situation of repairing vehicles other than the homeowner's vehicle. Mr. Henning said the Ordinance is not perfect as it is now but there is input being added from a Margate Ordinance. He said the City is not trying to prevent anyone from doing minor maintenance that is needed on one's own vehicle but the purpose is to avoid the problems of major overhauls for an extended period of time. He said there is an exception to the Ordinance, which is the homeowner's garage, if available. Carl Alper, resident, said this Ordinance is satisfactory to him. V/M Massaro said she does not like Subsection B, since Paragraph D takes care of this. She said she does not agree with the language of allowing "minor repairs" since these should be done in a garage. C/M Stein noted that there are times when minor repairs are necessary in one's own driveway. Mr. Henning noted that portions A and B of the Ordinance should be read together since minor repairs is defined as changing windshield wiper blades, etc. V/M Massaro MOVED APPROVAL of Ord, #1236 on first reading as amended, SECONDED by C/M Gottesman. 1 Vickie Beech, resident, asked what is being done about businesses that are operating in residential districts presently. Mayor Kravitz said that has nothing to do with this particular item and he suggested Mrs. Beech meet with the City Attorney 10 concerning this. TE: ALL VOTED &YE 10 12/11/85 /pm 23. Investment of City Fu -- Ted. Ord. #1221 - Discussion and possible action to amend Chapter 9 of the Code concerning allowable investments. First Reading. (tabled from 11/27/85) SYNOPSIS OF_ ACTION: HELD for later in the day. (See Pages 19 & 20). Mr. Henning read Temp. Ord._t-.233, the 11/26/85 revision, by title. C/M Stein said this Item was Tabled at the request of the present Investment Advisory Committee. He said they had recommended certain changes and he questioned why he did not see any of those changes in this Ordinance. Ed Solomon, Chairman of the Investment Advisory Committee, said his Committee never recommended tabling this Ordinance. He said V/M Massaro requested the tabling so that the Committee could draft and submit changes and they did. Mr. Henning said Alan Ruf's office was assisting with this and there were some things sent to the City Attorney's office. He said the latest draft he has is 11/26/85 and there is another draft on the word processor that would be more current. Mayor Kravitz said he would hold this item for later in the day. GENERAL ADMINISTRATIVE,/FINANCIAL 10. Tamara --Park -- Ballfield #2 -- Report by City Attorney - Discussion and possible action on payment for services for installation of lighting (tabled from 11/27/85) SYNOPSIS OF ACTIQN: APPROVED payment for the installation of the lighting. The City Attorney's report and actions taken by the City Manager and Mayor were APPROVED with efforts to secure the refund of the State Sales Tax that was paid. Mr. Henning said there were two ballfields that were designed for lighting and the contractor on the job was J.P. Electric. He said the City looked to Sharon Ellis, former Parks and Recreation Director, and Bob Jahn, Chief Building Official, and his staff to provide inspections before there were sign -offs and payments. He said Ballfield #1 was installed properly, was inspected and signed --off with the payment made many months ago. He said Ball - field #2 was proceeding more slowly and there was an approval of the work with an inspection approved by the Electrical Inspectors. Mr. Henning said J.P. Electric was having some financial problems and the City was notified by subcontractors of claims against them. He said this item was turned over to the City Attorney's office to determine the appropriate parties for payment and, since that time, this caused a bankruptcy action by J.P. Electric. Mr. Henning said he understood that it was delegated to his office to determine the appropriate payments and to clear the checks with the Finance Department. He said with Mr. Ruf's assistance, he contacted the contractors and subcontractors, received the release of liens clearing any claims against J.P. Electric or the City and the sign -off has been obtained from the Recreation and Building Departments. He said he noticed later that the Report of Council Action specified that this was to come to Council first and he reported that the City has been protected by his having obtained the appropriate documentation. ll 12/11/85 /pm Tape 3 Mr. Henning said the checks have been cut with the appropriate dollar amounts and released and, hopefully, Council will ratify the action taken. C/M Stein said what Council is doing today is academic since they have already been paid and he MOVED to confirm the actions of the City Attorney and the Finance Department in paying these amounts. Mayor Kravitz asked the Acting City Manager if the payments went through for approval in the regular manner and Acting City Manager Perretti said they went through the regular channels with the sanction of the City Attorney for the approval to have them paid. He said the checks were signed and approved by both he and the Mayor. V/M Massaro said she noticed in the contract that they had sub- mitted that costs for Florida State Sales Tax were included. She asked if J.P. Electric was bankrupt and Mr. Henning said he heard there was a bankruptcy action filed after the payment was made and the releases were received. V/M Massaro suggested Mr. Henning research this since there is a considerable amount of money involved and Mr. Henning said he will contact them regarding any refunds due for Sales Tax. C/M Munitz said the item that is agendized is incorrect since they have already been paid. Mr. Henning said the agendized item is a report by the City Attorney which he just gave. V/M Massaro said the MOTION is not in order since it must be determined whether or not they owe the City a refund on Sales Tax before approval is given. C/M Stein amended his MOTION to approve the City Attorney's report and the actions taken as a result of that report by the City Manager and the Mayor in disbursing the funds. He said if the amounts paid are not correct, the City Attorney should be author- ized to take necessary action to obtain refunds on the Sales Tax. SECONDED by C/M Munitz. YQTE: 11. Umsax-a-_ PaKk - Cypressns - Discussion and possible action to designate the persons to locate the plant- ing of trees. SYNOPSISF C ION: REMOVED from the agenda since action was taken at the 12/6/85 Council meeting. Marilyn Sertholf, City Clerk, noted that action was taken on this item at the Council meeting on 12/6/85 with the appointment of Lou Solomon and the City Manager to designate where the trees will go. V/M Massaro MOVED to REMOVE this item from the agenda, SECONDED by C/M Munitz. 1410 • . 0 , 12 12/11/85 /pm 14. ccu 'on sRefund -- Discussion and possible action to authorize refund of fee paid by John Mather for Fiscal Year 1985/86. SYNOpSIS OF ACTION: Authorization was given to refund the fee of $140.00 paid by John Mather for FY 85/86. Mr. Henning said the City Clerk has sent a Mr. Mather obtained an Occupational License State Road 7 in the amount of $140.00. memo noting that for his business on Marilyn Bertholf, City Clerk, explained that this was a new license request and the payment was made at the time of applica- tion for the license. She said during the processing of the application, it was determined that the address is not in the City limits and a license was never issued. She said because the amount of the refund is over $50.00, it had to come to Council's attention. C/M Stein MOVED to authorize the refund of $140.00 fee for an Occupational License paid by John Mather for FY 85/86. SECONDED by C/M Gottesman. yOTE: �4*0011W.Iwm ALL VOTED_ AYE 25. k1godward vs. City_ jac - Report by City Attorney - Discussion and possible action regarding settlement of this lawsuit. SyNOpSIS F ACTION: The City Attorney gave a report and Council APPROVED the satisfaction of the Judgement acknowledging receipt of $230.79. Mr. Henning said there was an Inspector employed by the City who was driving slowly in a residential area on an inspection assign- ment when Mrs. Woodward backed out of her driveway with a collision resulting. He said there was less than $500.00 damage to the City car but Mrs. Woodward's Cadillac had almost $2,000.00 damage. Mr. Henning said Mr. Woodward sued the City, since it was his car and it went to Court and the Judge split the decision. He said the total damages were combined and the Judge found 50% fault on each party. He said both the City and Mrs. Woodward were represented by Insurance Counsel. He said Mrs. Woodward's insurance company has paid the City for half of the car with a check in the amount of $230.79 and the City's insurance company has paid the City's share of the judgment, which was approximately $1,000.00. Mr. Henning said the insurance company is seeking approval of the appropriate City officials to sign the Satisfaction of Judgement to verify receipt of the check. He said with the City's deduct - able of $2,500.00, it is possible the insurance company will request a recovery from the City but this has not happened as yet. V/M Massaro MOVED APPROVAL of the Judgment as presented by the City Attorney. SECONDED by C/M Munitz. VOTE: ALL VOTED AYE. 13 12/11/85 /pm 11 12. Arga Agency -on -Aging - Discussion and possible action on payment in the amount of $5,000.00 for Fiscal Year 1985/86 (tabled from 10/23/85) . SYNOPSIS OF ACTION: APPROVED payment in the amount of $5,000.00 for FY 85/86. Mayor Kravitz said he received a note from a member of the Charter Board which states that it is a violation of the City Charter to give any money to this private organization. Mr. Henning said that is why this was item was tabled previously and the amount donated would be an administrative decision. He said the City has a section of the Code which is codified and the enabling Ordinance was 75-22. He read from Ordinance 75-22, "Whereas, there are constantly a number of requests made by worthwhile private charities and other private service organiza- tions for the City funds, and, Whereas, the City Council re- cognizes that while these requests are certainly worthwhile activities, it is not possible to grant all of these requests, and, Whereas, it is not feasible to pick and choose among the requests for the City's financial support. Now, therefore, be it ordained by the City Council of the City of Tamarac, Florida, that the City Council is prohibited from granting requests for contributions to private charitable organizations and to other private service organizations." Mr. Henning said there is something distinguishable about the Area Agency on Aging since this is more of the nature of a grant than a contribution. He said there are monies that come from the Federal Government that go to the State, under Title 42, Section 3025 of the U.S. Code. He said these Federal funds are given to.the State for disbursement and the Federal agencies say that the State government must designate agencies to disburse the Federal funds. Mr. Henning said the State has designated that under Chapter 410, which is entitled Aging and Adult Services and 410.024, the Area Agency on Aging, has been indicated as the organization to assist the State in the disbursement of Federal funding at the local level. He said the City is requested to make seed money for matching funds at either 5 or 10% of the City's money with match- ing funds at 10 or 20 fold with Federal funds. He said there is no State organization that does this because this private organization has been designated by the State to carry out this quasi -governmental function. Mr. Henning said he does not feel this is the type of situation that the Ordinance anticipated. He said if the Council wishes to continue the contribution he feels the City is legally defensible to do so. He said he invites anyone to show him the area of the Charter they are referring to. Mayor Kravitz noted that the City is having a problem with the City Social Services van. C/M Munitz said $15,000.00 was paid in the previous fiscal year and he felt $5,000.00 contributed to this particular agency was money well spent. He MOVED to authorize payment of $5,000.00 to the Area Agency on Aging. SECONDED by C/M Stein. 14 12/11/85 \l /pm V/M Massaro asked Mr. Henning if the Council was legally correct in doing this and Mr. Henning said yes. ym : AL T D AYE 8. Touche Ross__& Gp_= - Au - Discussion and possible action on: a) Payment of invoice in the amount of $6,000.00 for progress billing in connection with PY 84/85 b) Preparation of Bond Auditor Report fee in the amount of $8,500.00. SYNOPS-IS OE ACTION: (See Page 2) a) APPROVED. b) APPROVED payment of this invoice from the bond proceeds. a) Mayor Kravitz said he asked to have this item Tabled at the previous Council meeting so that more information could be re- ceived. He said he received a letter this morning from Mark Wilson of Touche Ross requesting that he review a letter of recommendations; however, he did not have time to do this. He said this has nothing to do with the invoice and he felt that should be paid with a full internal control report coming to Council as soon as possible. V/M Massaro MOVED APPROVAL of the payment of the $6,000.00 to Touche Ross & Co., Invoice #2565 from Account #001-179--519-320. C/M Munitz SECONDED the MOTION. Vickie Beech, resident, asked if Mayor Kravitz received the Internal Report which was requested at the last meeting and Mayor Kravitz said he received it this morning. C/M Munitz asked Mayor Kravitz if he saw the Audit Report for the fiscal year that is currently being audited and Mayor Kravitz said no. He said he heard that the audit is not complete as yet. VOTE: ALL -VOTED AYE b) Mr. Henning said the City has received a proposal from Touche Ross to audit the bond figures in the bond issue for $8,500.00. He said the Underwriter has stated that he has to make similar bond issues to have an auditing fee between $7,500.00 and $15,000.00 and he felt that this was a competitive amount. He said the staff has been told by the bond counsel that the numbers must be audited by an independent auditor in order to sell the bonds and the payment for this, although it is by the City, would come at the closing of the bonds as part of the closing costs. He said this would be paid out of the bond proceeds. C/M Gottesman MOVED that authorization be given to pay the amount of $8,500.00 on the recommendation of the City Attorney and the bond counsel. SECONDED by C/M Munitz. y(QTE : ALL yQTED AYE 13. Futuge Traffic Needs and Funding -Study - Discussion and possible action on payment in the amount of $7,172.86 to Kimley-Horn and Associates, Inc., for services in connection with this Study (tabled from 11/27/85). SYNOPSIS OF ACTION: APPROVED. 15 12/11/85 /pm V/M Massaro MOVED APPROVAL of the payment of $7,172.86 to Kimley- Horn and Associates to be charged to Account 001-179--519-310 Professional Planners Account. C/M Stein SECONDED. VOTE: ALL VOTED AYE 15. Broward League of Cities Business - Discussion and possible action. S-YNOPSIS OF ACTION: Mayor Kravitz gave a report. Mayor Kravitz said Council members should have received copies of the Minutes from the last meeting and, if not, he will supply them with copies. 16. Northwest.Council of Mgvogs pusiness - Discussion and possible action. SYNOPSIS F ACTION: Mayor Kravitz gave a report. Mayor Kravitz said there was no action at the meeting on 12/9/85 since there was no quorum. He said this meeting was held in Margate and most of the items were tabled with the main item for discussion being Insurance and then Parks and Recreation. Mayor Kravitz said questionaires were sent to ten cities and a summary was made discovering that most cities do charge certain fees for use of Recreation facilities. He said the next meeting will be 1/13/86 and Representative Jack Tobin is working with Commissioner Gunther trying to bring legislation to Tallahassee concerning Insurance. COMMUNITY DEVELOPMENT 29. Mobil Oil Co„rporgtion - Discussion and possible action on: a) Rezoning Petition #12-z-85 - Temp. Ord, #1219 - Rezoning of lands at the southwest corner of Commercial Boulevard and State Road 7 from B-1 (Neighborhood Business) to B-3 (General Business). Second Reading. (Public hearing held 9/26/85) (1) Acceptance of Affidavit of Publication and Affidavit of Posting (2) Consideration of application b) Acceptance of Declaration of Restrictive Covenants - so 76 (tabled from 10/23/85) SYNOPSIS OF ACTION: a) TABLED. b) The City Attorney is to research the zoning Code regarding the period of time involved to determine if it needs to be tabled to a certain date. Mr. Henning suggested that the b) portion be discussed first. b) Mr. Henning read Temp. Res . #3768 by title. Mr. Henning said the service station at the southwest corner was formerly the Sunoco Station and is now owned by Mobil Oil Co. 16 12/11/85 /pm Mr. Henning said they first went to the Board of Adjustment because they had an undersized lot because they were compelled to give away some street frontage for additional right-of-way to either state Road 7 or Commercial Boulevard. He said they are requesting a rezoning and they have agreed to submit a Deed Restriction that if rezoned to B-3 they would restrict all their B-3 uses to service station, car wash or convenience store. He said other than that, they would be entitled to all the B-2 and B 1 uses. Mr. Henning said a document was prepared by Emerson Allsworth, Attorney for Mobil Oil, and he recommended approval. Mayor Kravitz asked if this was not tabled previously for receipt of this document and Mr. Allsworth said yes, it was held for signatures. Mr. Henning noted a minor typographical error on Page 2, it should be "Tamarac City Council" instead of "Commission". V/M Massaro noted that it was unusual for the document to be held for recording for 5 months and Mr. Henning said the recording was held for the building permits. Mr. Allsworth said this was held because this went through the General Counsel's Office of Mobil Oil up in Fairfax, Virginia and they sent down with instructions to him to hold this until the building permits are pulled. He said he called Mr. Henning and they concurred that a reasonable time period would be set within which they could finish the processing. He said failing that, it would be recorded anyway. V/M Massaro asked why did Mobil wait to get this approval and Mr. Allsworth said this rezoning was done at the request of Richard Rubin, Tamarac's Consultant City Planner, and the City. He said they were content with the existing zoning. Mr. Henning said his ruling was that according to the City Code, if more than 25% construction or reconstruction takes place, the benefit of the non -conforming use is lost. He said because Mobil was planning some extensive remodeling there, it was not grandfathered in. V/M Massaro said she objects to giving them any rezoning until they are ready to file this Covenant because the rezoning is based on this Covenant. Mayor Kravitz asked if Mr. Allsworth has any objections to filing the Covenant and Mr. Allsworth said no, it was held up because there was a question of whether this had to be platted now because it is an unplatted site. He said they are moving forward as quickly as possible but they are not ready for a building permit as yet. C/M Stein asked what Mobil's objection is to filing this Covenant now and Mr. Allsworth showed Mr. Henning the written instructions he received from Mobil. Mr. Henning said any differences concern- ing this rezoning should be discussed now and when Mobil is ready to pull the building permits, this item can be put back on the Council agenda. Bob Jahn, Chief Building Official, said they have a process known as a Pre -Review, for which a fee is paid and they can submit for a building permit. He said without direct instructions from Coun- cil, it would go to zoning where it would not be signed until the proper zoning has been put on. V/M Massaro said none of that is necessary since they should be ready to file this document when they come in with plans. 17 12/11/85 /pm Mayor Kravitz asked Mr. Allsworth if there would be a problem in tabling this item and Mr. Allsworth said no, providing Council is comfortable with the rezoning. V/M Massaro MOVED to TABLE this item, SECONDED by C/M Stein. VOTE: ALL VOTED AYE Mr. Allsworth asked if this should not be tabled to a date certain and Mr. Henning said since the public hearing was concluded and closed at an earlier meeting, there does not need to be a speci- fic date. V/M Massaro noted that the City Attorney is to research the zoning Code regarding the period of time involved to determine if it needs to be tabled to a date certain. 30. Barry S. Eden - Rezoning Petition #21 -Z 85 -- Temp. Ord. #1228 -- Discussion and possible action to rezone the lands on the north side of McNab Road, approximately 500--feet east of NW 84 Terrace, from B-6 (Business District) to B-1 (Neighborhood Business). First Reading. (Public hearing held 11/13/85). SYNOPSIS OE ACTION: TABLED to the 1/10/86 Council meeting at the request of the applicant. Mr. Henning noted that there is a request by Mr. Eden dated 12/10/85 requesting this item be TABLED to the first regular meeting in January. V/M Massaro so MOVED, SECONDED by C/M Munitz. VOTE: C/M Stein Aye C/M Munitz Aye C/M Gottesman Absent V/M Massaro Aye Mayor Kravitz Aye 31. Jasmine - Discussion and possible action on: a) Revised site plan correcting certain dimensions -- peso, 3930 b) Amendment to the Water and Sewer Developers Agreement SYNOPSI9 QF ACTION: (See Pages 39 & 40 for final action). TABLED until the fee due is paid. C/M Munitz noted that his records indicate there is a fee due of $2,374.10 and he MOVED to TABLE this item for payment of this fee. SECONDED by V/M Massaro. VOTE: C/M Stein Aye C/M Munitz Aye C/M Gottesman Absent V/M Massaro Aye Mayor Kravitz Aye 18 12/11/85 /pm V LEGAL AFFAIRS 23. Investments gi Oj`ty_ Funds - Temp. Ord. 41233 - Discussion and possible action to amend Chapter 9 of the Code concerning allowable investments. First Reading. (tabled from 11/27/85) SYNOPSIS OF ACTION: APPROVED on first reading. Second Reading will be on 1/10/86. Tape 4 Mr. Henning distributed the revised copies of Temp. Ord*_-#3233. Mr. Henning noted on Pages 1 and 2 there are the a), b), c) and d) listing of the various criteria. He said "Investment of City Funds -- Safekeeping of Investments" has been deleted and there is a consecutive lettering there. He said there was discussion at the meeting on the h) portion that it should state "securities" instead of "negotiable paper" and it is "negotiable instruments", which is neither. He said it is indicated in h) also that the Board member should be bonded, which is an addition. Mr. Henning said this does not refer to the Investment Committee because this Ordinance creates a staff administrative committee which is called, "The Board". He said on the bottom of Page 2, Paragraph A, "The Board shall be composed of City Manager, City Attorney, Finance Director and Mayor." He said this committee shall review these investments in addition to the Investment Advisory Board. C/M Stein noted that it states only that that person that has to do with the negotiable instruments must be bonded and Mr. Henning said that is correct. Ed Solomon, Chairman of the Investment Advisory Committee, said at their last meeting they made several suggestions which are now included in this Ordinance. He said the only thing which was not included is that they feel that every investment should be recommended by a minimum of two brokers and they recommend that be included. Dr. Bernard Newman, resident, asked if there is anything in this Ordinance which provides a penalty for violation of the City Charter concerning investments. He said if there is not, there should be. Mr. Henning said for the record, there has not been a determination that a violation of the City Charter has been made concerning ESM. He said concerning a violation of the Ordinance, a standard penalty could be included of 90 days in jail and/or a $500.00 fine. C/M Gottesman MOVED to TABLE this item until this is reviewed further with the Investment Advisory Committee, the City Attorney and others involved. Mr. Solomon said a tabling would postpone the protection this Ordinance could provide. C/M Munitz said he wants the opinion and recommendations of the Investment Advisory Committee in writing concerning this particular Ordinance. Vickie Beech, resident, said she was a volunteer secretary for this Committee and she felt there might be some forced restrictions on the Committee causing them problems in functioning. She questioned why approval of this Ordinance is being prolonged. 19 12/11/85 /pm C/M Munitz SECONDED the MOTION to TABLE. C/M Stein Nay C/M Munitz Aye C/M Gottesman Aye V/M Massaro Nay Mayor Kravitz Nay Mr. Henning said he was asked to work with the Investment Advisory Committee to prepare an Ordinance at their recommendation. He said Chapter 9 of the City Code presently delegates the authority to make the day to day investment decisions to the City Manages; and his designee. He said the first thing this Ordinance does is repeal that provision and it creates a staff administrative committee. He said there has been previous discussion to put the Investment Advisory Committee in the Charter and that could be a ballot question for the next election. Mr. Henning said pursuant to the Investment Advisory Committee's suggestions the Ordinance stipulates that this staff committee is going to meet once between every Regular Council Meeting. He requested all Council, members make their suggestions on streamlin- ing of this Ordinance to him. V/M Massaro MOVED to APPROVE Temp. Ord. #1233 on first reading, SECONDED by C/M Stein. VOTE: C/M Stein Aye C/M Munitz Nay C/M Gottesman Aye V/M Massaro Aye Mayor Kravitz Aye Mr. Henning noted that the second reading of this Ordinance will be at the 1/10/86 Council meeting. COMMUNITY DEVELOPMENT 33. Blatt CQMmegcj5jl Pat - Discussion and possible action on: a) Plat - Temp. Rgso. #3935 b) Development Order - so, #3936 c) Water Retention Agreement d) Development Review Agreement e) Agreement for funding future traffic and signalization needs (To be located on the north side of Commercial Boulevard, east of Lindsley Lumber to NW 73 Avenue) SYNOPSIS QF ACTIQN: TABLED for the payment of fees. V/M Massaro MOVED to TABLE this item for the payment of fees, SECONDED by C/M Stein. VOTE: ALL VOTED AYE 1 I u 20 12/11/85 /pm 27. Fire Aid Aggeement -- Temp._ Re_so,_ —3225 - Discussion and possible action to authorize execution of a revised Consoli- dated Mutual Fire Aid Interlocal Agreement with various governmental agencies within Broward County. SYNOPSIS_OF ACTION: TABLED to determine why this was not approved in June, 1984. Mr. Henning read Temp.,Rero—#3925 by title. Mr. Henning said there is a Mutual Aid Fire Agreement which has been approved in the past and on the last page are the changes that are being proposed. He said it appears the Agreement is being expanded to accommodate the unincorporated area so that the City can help the County and they can help the City. He said most of the cities have already approved this and instead of referring to the "municipal limits" they are referring to the boundaries of the parties because of the intent to include the County or other entities that are not municipalities. Mr. Henning said besides the boundaries, Item 2 concerns Hold Harmless, as provided by law, which refers to the Sovereign Immunity and #25 which authorizes the parties to go on and seek regress in the Courts, if necessary. He said the intent of the Agreement is not to prevent Court action if someone has a right to take such action. V/M Massaro asked how many cities are supposed to sign the Agree- ment and Mr. Henning said years ago cities were left to their own devices to reach agreements with their neighbors. He said in the last few years an effort has been made to have a single document, which is called a Consolidated Mutual Aid Agreement, with various cities signing. He said whoever has agreed to this Agreement is a party to each of all the other cities; however, typically a City would only deal with adjacent neighbors. Mr. Henning noted that Tamarac's neighbors of Lauderhill and Sunrise have not executed this document. V/M Massaro said she thinks only 8 cities have signed this and she questioned whether other Council people have studied this Agreement. C/M Gottesman said when the Mayors signed this previously, Tamarac did not sign this in June, 1984. He said it should be investigated as to why this was not done at that time. C/M Gottesman MOVED to TABLE this item for an opportunity to discuss this with the Fire Chief and research why this was not signed in June, 1984. V/M Massaro SECONDED. Y.QTE UTILITIES ALL VOTED AYE 46. Utilities -West - Raw Water Wells Nos. 20 throuah.24 - Discussion and possible action. SYNQPa$IS OF ACTION: Agendized by Consent on Page 1. Authorization was given to transfer $10,000.00 from Building Repairs to Raw Water Wells Nos. 20 through 24. V/M Massaro said Council has received a memo from Bob Foy, Deputy City Engineer, regarding the Raw Water Wells Nos. 20 through 24 at the Midway Plaza site. 21 12/11/85 /pm V/M Massaro said he is requesting authorization to transfer $10,000.00 from Account #429--366-536--462 titled Building Repairs that has a balance of $80,000.00 to Account #432-363-537-639 titled Raw Water Wells Nos. 20 through 24 and has a balance of 0. She so MOVED noting that this was for Williams, Hatfield & Stoner to design the wells, SECONDED by C/M Stein. VOTE: ALL VOTED AYE COMMUNITY DEVELOPMENT 47. UniversityParkOffice Center - Corrected Deed ,for_ Right- gf y -- Temp, Reso,22 - Discussion and possible action. SYNOPSIS -OF -ACTION: Agendized by Consent on Page 1. APPROVED and recorded at RESOLUTION NO. R-85-438 PASSED. no cost to the City. Mr. Henning read Temp.,Re_so. #3922 by title. Mr. Henning said there was a mistake in the deed for this 40-foot right--of-way. He said it should have said "Lots 22 and 23" instead of "Lots 21 and 22". He said the City is proposing to deed the property back to the owner and then have him prepare a corrected deed submit it and recorded at no cost to the City. C/M Stein MOVED to APPROVE Temp. ,Reso_.#3222 authorizing the City Attorney to execute the deed returning the property of Lots 21 and 22 and receiving a new Quit Claim Deed for Lots 22 and 23, which shall be recorded at no cost to the City. SECONDED by V/M Massaro. VOTE: ALL VOTED AYE GENERAL _ADMINISTRAT-IVEIFINANCIAL 48. Tamarac Park Liq Ling - Payment of Bill to Leisure Development Consultants -of Floxida - Trgct.27 - Sports Lighting Engineering SQYv-ices_ -- Discussion and possible action. SYNOPSIS OF ACTION: Agendized by Consent on Pages 1 & 2 APPROVED payment of $1,250.00 to Leisure Development Consultants of Florida. V/M Massaro said Leisure Development Consultants of Florida has submitted a bid of $1,250.00 to prepare the plans and specifica- tions for the lighting of the soccer fields. She said this includes the poles and all electrical appliances needed there with proper cutoffs so that only one soccer field will be lit after the work is done. She said only one field is to be lit until Council approves the lighting of the second field. She MOVED APPROVAL, SECONDED by C/M Gottesman. VOTE: ALL__VQTED_ AYE 49. Intgrgtate Ripe Mgintenangg - Grant Projeot_ $_ -4 - Payment 17 - Inyoice #1 24- 1 - Discussion and possible action. SYNOPSIS OF ACTION: Agendized by Consent on Page 2 (See Pages 23, 24 & 25). APPROVED payment in the amount of $113,894.07 to be charged to Construction. 22 12/11/85 /pm 1 �1 L V/M Massaro MOVED that the Finance Director be authorized to issue the check in the amount of $113,894.07 to Interstate Pipe Mainten- ance, Inc. and charged to Account #434-508-w597-328 named Construc- tion. SECONDED by C/M Stein. VOTE: UTILITIES FOB — 51. aid &uthgriZgtign to ChanChangg the M dia in Filters at the Wat-er_Plant - Discussion and possible action. SYNOPSI2 OE ACTION: Agendized by Consent on Pages 3 & 4 APPROVED. V/M Massaro said there was a memo from the Chief of the Water - Treatment Plant, Elrod Wilson, which stated that there was $60,000.00 slotted in the new budget for the above referenced project and she so MOVED, SECONDED by C/M Gottesman. VOTB: ALL UTED AYE Mayor Kravitz recessed the meeting until 1:30 P.M. for lunch. Mayor Kravitz called the meeting to order at 1:30 P.M. and all were present. 52. Welcoming Committee - Temp. Re_so._#3924 - Discussion and possible action concerning appointment of a member. SYNQP,SIS OF ACTION: Agendized by Consent. (See Page 24) . Mayor Kravitz said the Welcoming Committee has requested appoint- ment of Milton Winnerman as a member of the Welcoming Committee and he suggested this be Agendized by Consent. C/M Stein so MOVED, SECONDED by C/M Gottesman. VOTE: ALL VOTED AYE ]2RESENTATIONS AND AWARDg 53. Certificate -of Appreciation -- Presentation by Acting City Manager Perretti of a Certificate of Appreciation to Steve Melnick, Police Department, for his contributions to the Turkey Trot run by the City. SYNQPSIS OF ACTION: Agendized by Consent. (See Page 24) . Acting City Manager Perretti requested Agendizing by Consent a presentation by him of a Certificate of Appreciation to Steve Melnick, Police Department, for his contributions to the Turkey Trot run by the City. C/M Gottesman so MOVED, SECONDED by C/M Munitz. VOTE: ALL_ VOTED AYE W 12/11/85 /pm GENERAL ADMZ Z T I Fr A CI 49. Interstate Pipe._ Maintenance - Grant-Pr-oject 84-4 - Payment #7 - Invoice #1724-01. - Discussion and possible action. SYNQPSISOF-ACTION: Agendized by Consent on Page 2 (See Pages 22, 23 & 25) RECONSIDERED action taken this morning. V/M Massaro MOVED to RECONSIDER this item, which was acted on this morning, for a correction in the amount. SECONDED by C/M Munitz. VOTE: ALLVOTED AYE $QABDSAND-COMMITTEES 52. ITcicoming Committee - Temp_._ Reso. #3924 - Discussion and possible action concerning appointment of a member. SYNOPSIS OF ACTION: Agendized by Consent. (See Page 23) APPROVED appointment of Milton Winnerman as a member for a term to expire on 5/11/86. RESOLUTION N0, R--85-435 PASSED. Mayor Kravitz said as liaison to this Committee, he received a request from Mollie Goldstein, Chairperson of this Committee, re- commending appointment of Milton Winnerman as a member of this Committee. Mr. Henning read Temp. Reso. #3924 by title. C/M Gottesman MOVED APPROVAL of Temp. Reso. 13924 appointing Milton Winnerman to this Committee, SECONDED by C/M Munitz. YS2TE : ALL �TQTED_ AYE E ENTATI D D 53. Certificate -of-Appreciation - Presentation by Acting City Manager Perretti of a Certificate of Appreciation to Steve Melnick, Police Department, for his contributions to the Turkey Trot run by the City. SYMPSIS OF ACTION: Agendized by Consent. (See Page 23) Authorization was given for the Acting City Manager to present this Certificate of Appreciation. C/M Stein MOVED authorization for the Acting City Manager to present this Certificate of Appreciation, SECONDED by C/M Gottesman. VOTE: ALL, VOTED AYE 24 .� 12/11/85 /pm I 1 1 49. Interstate Pipe Maintgnancg - grant ]2roject - payment__#7 - Invoice- - Discussion and possible action. SYNOPSIS OF ACTIQN: Agendized by Consent on Page 2 (See Pages 22, 23 & 24) Further discussion. V/M Massaro said the payment to Interstate Pipe Maintenance was incorrect. However, after examination of the numbers, it was discovered that the numbers were correct and Reconsideration of this item was not necessary. 50. Metgopolitan Plgnning Organizgtion - Temp. eso._ #3944 - Discussion and possible action. SYNQPSIS OF ACTION: Agendized by Consent on Page 2 APPROVED. The City Clerk will RESOLUTION NO. R--85-434 PASSED. send copies of this Resolution to the Mayors of Coral Springs and. Margate. Tape 5 Mr. Henning read Temp. Reso. #3944 by title. Mr. Henning said this is a Resolution introduced by Mayor Kravitz at the request of the Northwest Council of Mayors. He said it is similar to a Margate Resolution, which was received. He said the Metropolitan Planning Organization (M.P.O.) has members based on population and various Mayors felt there was a need to reevaluate the population based on the growth in the County. He said the Statute provides that the Governor should address this every 5 years and this has not been done as yet. He said Tamarac and various other northwest cities have never been represented on this board and would like an opportunity to become members. C/M Gottesman MOVED APPROVAL of Temp. Reso. #3 44, SECONDED by C/M Munitz. VQTTE : ALL VOTED AYE Mayor Kravitz suggested that the City Clerk should send copies of this Resolution to the Mayors of Coral Springs and Margate. 4. Consent Asenga -- b) Richard S. Rubin - Consulting City Planner - Services for November, 1985 - $3,278.75 -- Approval recommended by Chief Building Official and City Manager. SYNQPSIS OF ACTION: (See Pages 9& 10) b) REMOVED and APPROVED. b) V/M Massaro said the Acting City Manager has checked the amount of this bill and it was found to be in order; therefore, she MOVED APPROVAL of payment, SECONDED by C/M Munitz. VOTE: 25 12/11/85 /pm S LEGAL AFFAIRS 28. City of .,T-m-arac - ygc t-ign of )3a,ght-of-Wa_v -- Petition 2- -84 - TemR. -Oxd,_ #1160 - Discussion and possible action to vacate a portion of NW 67 Street that dead --ends at the western portion of the proposed Tamarac Pointe Apartment project in Mainlands Section 15. First Reading. (tabled from 12/12/84 and 12/27/84). Staff recommends denial. SYNOPSIS-OFACTION: DENTED. Mr. Henning read T-emp. Ord. #1160 by title. Mr. Henning said at the Pre -Agenda Meeting, the City Manager and he recommended this item be Denied. V/M Massaro MOVED to DENY this item, SECONDED by C/M Stein. VOTE: ALL -VOTED AYE V/M Massaro suggested that this be negotiated further if there is a problem at that location in the future. i7MITIES 17. =11t,ies�k1gst - Rehabilitation and Expan@iPn of Wastewalti-Treatmgnt-Flant(Project 85-1 - Discussion and possible action on: a) Approval of an engineering agreement, including Addendum 1 and Addendum 2, with Hazen and Sawyer b) Authorization to proceed with certain design tasks on this project (tabled from 11/27/85) SSYNnPSIS OF, ACTION: a) APPROVED. b) APPROVED all Task Orders as listed on the City Engineer/ Utility Director's memo of 11/20/85, with the exception of Task Order 1.1 which was deleted entirely. a) Bill Greenwood, Director of Utilities, said the Utilities have gone through, the Competitive Negotiations Act procedure on obtaining a consulting engineer. He said the firm of Hazen and Sawyer has been recommended to Council and he is recommending this engineering agreement be approved including Addendums 1 and 2 with Hazen and Sawyer. b) Mr. Greenwood said there are certain aspects of construction that must be performed at the existing sewage treatment plant no matter what decision is made today or in the future pertaining to where the sewage treatment plant may be located. He said they agree with the constultants' estimates that there are approximately $310,000.00 associated with the sewage pump stations. He said this work has to be done so that the sewage can be conveyed to either a new plant or a regional plant. Mr. Greenwood said there is a construction cost estimate for needed work to be performed at the sewage treatment plant in the amount of $480,000.00. He said this must be done to keep the plant in operation until final decisions are made. He said there are structural problems that need immediate attention. 26 12/11/85 u /pm Mr. Greenwood said they are requesting that the a) portion of this item concerning the engineering agreement be approved and under the b) portion, the tasks listed in his 11/20/85 memor #U85-351, be implemented. C/M Stein said he has no objection to following the recommenda- of the tions of the Utilities Director, however, from his review prospectus of Hazen and Sawyer, their fee is based upon a total to the City vote a rehabilitation. He said he would not like see full fee to Hazen and Sawyer at this moment because the cost will eventually decide this matter. He suggested Hazen and Sawyer be approved only as to the type of work that has to be done. Mr. Greenwood said he understands C/M Stein's concern and he asked the City Attorney to review the contract. He said his interpretation of the contract is that it stipulates the work will be done on a task assignment. He said he is requesting approval of the Task assignments listed in his memo of 11/20/85. Mr. Henning said in similar format with other contracts there is an underlying agreement for consulting engineering services with specific task orders that follow. He said in reviewing the contract, most of the language is standard but he felt there should be further discussion with Hazen and Sawyer concerning Paragraph K and their expenses. He said they do have a 110% multiplier on expenses and he felt there should be a ceiling on "long that. He said the telephone charges mentioned should be distance telephone charges". He said they want reimbursement for transportation and that should be outside of Broward County. He said "meals and lodging" should be at the rate in the City Code as City employees would have. Mr. Henning said in reviewing the Task Orders, it appeared that there seems to be an approximate 10% design cost. V/M Massaro than that and Mr. Greenwood said she thinks it is less percentage said he is comfortable with the rates. a) V/M Massaro MOVED APPROVAL of the engineering agreement with Hazen and Sawyer, including Addendums l and 2, SECONDED by C/M Gottesman VQTE: ALL VOTED -AYE b) V/M Massaro said there was one correction concerning "Task Order The esti- 1.1, Design for the Installation of 4 Transfer Pumps. mated construction cost is $65,000.00 and the design compensation has been changed from $5,500.00 to $4,500.00." She said that leaves a total of $62,600.00 for the design compensation. Mr. Henning asked Mr. Greenwood to identify the item under dis- cussion and Mr. Greenwood said it would be Addendum No. 1, Task Order 1. V/M Massaro MOVED APPROVAL of the Task Order as indicated on the 11/20/85 memo from the Utilities Director excluding Task Order 1.1 in the amount of $5,500.00 leaving a total of $62,600.00r which is 1.2, up to and including 5.1. SECONDED by C/M Gottesman. yQTEt L V TED YE 27 12/11/85 /pm 18. Utilities West - Discussion and possible action to approve the purchase of the following equipment under State Contract in 1 aeu of bidding; a) 3/4-ton pickup truck b) 1-ton flat bed truck c) 2-1/2-ton truck MQU IS OF ACTION: APPROVED requests to purchase a), b) and c) under State contract. a) Utilities Director Greenwood said the first vehicle is a 3/4-ton .pickup truck and the existing vehicle is a 1976 model. He said it has been checked by Public Works and needs extensive ,repairs and the cost under the State Contract is $10,812.35. b) Mr. Greenwood said the second vehicle is a 1-ton flat bed truck for the video crew and this would replace an existing 1976 vehicle which has outlived its usefulness. He said the price under State Contract for this vehicle would be $13,629.00. c) Mr. Greenwood said the third vehicle is a 2-1/2-ton truck, which is needed for the lift -station crew and will have a 5-ton crane mounted on it. He said the existing crane is inadequate and a new one is needed to pull the pumps out of the 68 pump stations. He said the price under State Contract for this vehicle is $20,267.00. V/M Massaro MOVED APPROVAL of the request for the 3/4-ton pickup truck in the amount of $10,812.35. This money is to come from R & R Account 428-367-535-640. The second APPROVAL is for the 1--ton flat bed truck in the amount of $13,629.00. This will also come from R & R Account 428-367-535-640. The third APPROVAL is for the 2-1/2-ton truck in the amount of $20,267.00 coming from General Reserve Account 429-367-535--640. C/M Gottesman SECONDED. VOTE:ALL WITED AYE 19• 1 s st -- Discussion and possible action to award bids for the following: a) Three electronic flow monitors, one processor and one page printer - Te e b) Three gas detectors - Temp. Res o._#3917 c) One 5-ton hydraulic crane - Temp. Rego. #3218 S_Y.NOPS I S OF ACTION: a) APPROVED awarding the bid to Techni-Quip, Inc. in the amount of $18,998.00 b) HELD for receipt of Account numbers (See Pages 43 & 44) c) APPROVED awarding the bid to Hydraulic Maintenance, Inc. in the amount of $29,021.50. RESOLUTION NO. R-85-418 PASSED. RESOLUTION NO. R-85-420 PASSED. a) V/M Massaro read Temp. Re;so. 13916 by title. C/M Stein MOVED APPROVAL of m so #3 16, Bid #85-37, and V/M Massaro noted that the money transfers should be part of the MOTION and she added the following: This was a sole bidder in the amount of $18,998.00 and requires a transfer of funds from Vehicle Account 429-367--535-640 in the amount of $2,000.00 to General Reserve Fund Account 429-367-535-643 because the bid was $1,998.00 more than anticipated. 1 28 12/11/85 /pm 1 1 C/M Stein agreed to have this added to the MOTION, SECONDED by C/M Munitz. VOTE: ALL VOTED AYE b) V/M Massaro read Temp. Reso. 3917 by title. V/M Massaro MOVED APPROVAL of Temp. Reso, #3217, Bid #85--38, awarding this bid to Sunco, Inc. -in the amount of $4,485.00. V/M Massaro noted that the Account numbers are missing and this item was held for receipt of those. c) V/M Massaro read Temp, geso. 43918 by title. V/M Massaro said MOVED APROVAL of T9MR. ReSQ,#3918, Bid #85-39, in the amount of $29,021.50 to be charged to Vehicle Account 429-- 367-535-640. C/M Gottesman SECONDED. VOTE: 20. Utilities Bast - Discussion and possible action to approve an agreement with Williams, Hatfield & Stoner, Inc., to provide "as -built" drawings of the existing facilities. SYNOPSIS OF ACTIQN: APPROVED. V/M Massaro said Bob Foy, Deputy City Engineer, is asking that Williams, Hatfield & Stoner provide as --built drawings for the Tamarac Utilities East existing facility in accordance with their proposal #1710--25 for an upset price not to exceed $21,400.00. V/M Massaro MOVED APPROVAL, SECONDED by C/M Stein. Dr. Bernard Newman, resident, asked if the City has no drawings presently of the Utilities East plant and V/M Massaro said there are many parts of that facility for which there are no drawings. She said they are done as the need arises. V/M Massaro said that is for Professional Services Account 001- 155--515-310. YTE: ALL VOTED_ AYE Acting City Manager Perretti said there is a change in Account numbers which he wanted read into the record from Account #001-155-515-310 titled Professional Services, with a balance of $7,426.85 to Account #417-301-536-310 titled Professional Services with a balance of $50,000.00. He said the Account number and balance in the original Motion was in error. 21. Utilities - Temp. Reso._J3883 - Discussion and possible action to authorize execution of a contract with Shelton Enterprises, Inc., to provide notification to the City when utility locations are required (tabled from 11/27/85). SYNOPSIS OF ACTION: TABLED until Shelton Enterprises, Inc. agrees on the contract having a maximum of a 12-month period and a flat monthly rate of $85.00. Mr. Henning read Tip. Rgso. #3883 by title. 29 12/11/85 /Pm o V/M Massaro questioned whether Shelton Enterprises wanted a 3--year contract with the City and the City wanted a 1-year contract and Mr. Henning said that was right. C/M Munitz said under Section 2 it states, "The term of this contract shall be for a 36-month period." He said this has not been changed. Utilities Director, Bill Greenwood, said the background on the charges is $85.00 flat monthly charge based upon mileage of pipe that is in the ground plus $.20 per call. He said they have been receiving between 90 and 115 calls per month on excavations within the City from contractors and other utilities. He said the Utilities billing is approximately $105.00 per month average. Mr. Henning noted that the contract was negotiated at 100 miles with a flat fee of $85.00. C/M Stein said the City should stipulate that there is agreement that there is 100 miles with a maximum cost of $85.00 per month. Other Council members agreed with this statement and questioned the time differential of 1 year vs. 3 years. Mr. Greenwood said he will check on that and come back to Council. Bill Gronski, resident, asked if that charge covers more than one run of pipe? V/M Massaro said there will be maximum fee no matter how much they run of $85.00 per month for the whole City. V/M Massaro MOVED to TABLE this item for further information, SECONDED by C/M Gottesman. VOTE: ALL VOTED AYE COMMUNITY DEYELOPMENT 35. GQlf Villas at15abal Palm - Revlsed Site Plan -- T-emp. so 28 - Discussion and possible action on a revised site plan reflecting modification to design and parking circulation at the clubhouse and to include dropoff bay at mailboxes. SYNOPUS OF ACTION: APPROVED RESOLUTION NO. R-85-430 PASSED. as submitted and as indicated by the City Planner that all other items have been shown and corrected on the plans. Mr. Henning read TgmP. Reso. #3928 by title. Thelma Brown, City Planner, said the zoning on this property is R-4A with 11.82 total acres and Land Use of 5--1. She said Tape 6 the comments of the Planning Commission dated 9/27/85, Items a) through f) were resolved. V/M Massaro said on this project the drainage was revised and resolved by their installing two catch basins south of Building 5. She said there is a line there now and they are going to tie into that existing line. She said this requires a revised cost esti- mate to the Engineering Department and the payment of appropriate fees based on the estimated cost. V/M Massaro said although they showed the seawall on this plan, this was not included in the cost estimate of the original plans. She said the the cost of the seawall is $17,000.00, therefore, there is a substantial fee due. 30 12/11/85 /pm J, V/M Massaro MOVED that this plan be APPROVED as submitted and as indicated by the City Planner that all other items have been shown and corrected on the plans. She said APPROVAL is subject to the revised cost estimate on the engineering as well as the cost estimate on the seawall being revised with the appropriate fees being submitted on or before 12/16/85. C/M Gottesman SECONDED. ATE: ALL_ VOTED AYE 40. 'd -isles T ma c - Discussion and possible action on: a) Amendment to the Water and Sewer Developers Agreement b) Model Sales Permit and waiver of the 150-foot distance requirement for issuance of certificates of occupancy c) Easement and Option Agreement in connection with he model sales facility - eAIR-. _ Refsg A3934 SYNOPaIS OF ACTION: TABLED to the 1/2/86 Council Meeting. a) Mr. Henning said this is a settlement of a Water and Sewer Agree- ment that was in arrears. He said it was originally for Schmidt Industries, then Isles of Tamarac and then was sold off to various parties. He said the City dealt with Arbors at the Isles of Tamarac concerning 30 of the lots involved and the City recently dealt with approximately 60 lots with Leslie Evans. He said there are approximately 17 lots outstanding that were in default. Mr. Henning said the outstanding guaranteed revenues were over $8,000.00 and a settlement has been negotiated for $16,000.00 for a new Water and Sewer Agreement for a compromise on the new fees due. Dick Coker, representative of Coker Country Associates, said the $8,222.00 amount includes arrears in the guaranteed revenue payments plus the connection charges at the prior agreed upon rate of $245.00. He said the $8,222.00 is what would be paid if the old agreement still stood for the entire 17 lots. He said if they did not have that agreement and were seeking a new agreement they would owe approximatey $27,000.00 in connection charges under the current rates of approximately $1,600.00. He said they feel they are under the old agreement and the City has indicated that an old agreement does not exist. He said they have indicated their willingness to settle this dispute in the same manner it was settled with all surrounding property owners. He said they have agreed on the amount of $16,000.00 as approximately double what they feel they currently owe the City. Mr. Henning said this was the agreement that was reached with Mr. Coker and, in addition to the monies due of $8,000.00, there was the actual ERC's paid to Tamarac Utilities, Inc. under the Schmidt Agreement and the guaranteed revenue paid up to 20 months ago when they stopped paying guranteed revenues. He said the compromise was that they are paying twice the amount due. V/M Massaro MOVED to TABLE this item for the 1/2/86 Council meeting, SECONDED by C/M Gottesman. Mr. Coker said they are ready to pull permits and begin develop- ment and they were concerned about the b) and c) portions of this item. He said agreements such as this have been made previously. VOTE: ALL _VOTED„AYE 31 12/11/85 /pm b) V/M Massaro MOVED that b) and c) portions of this Item be TABLED & as well to the 1/2/86 Council meeting, SECONDED by C/M Gottesman. c) VOTE: ALL VOTED_&YE 37. Woodmont Tract 48 -- Sign Waiver - TgMp. Resoe#392 -- Discussion and possible action to renew two sign waivers for signs on property other than the applicant's. SYNOPSIB QF ACTION: TABLED to the 1/10/86 Council meeting for a determination of approval of the property owner by the City Clerk. Acting City Manager Perretti, read so 3 26 by title. V/M Massaro said this is property other than the applicant's and she questioned whether the City has a letter allowing them to use that. V/M Massaro MOVED to TABLE this item with the sign waiver continu- ing to the Council meeting of 1/10/86 to allow the City Clerk time to research for a determination that the property owner is agree- able to this. SECONDED by C/M Stein. VOTE: C/M Stein Aye C/M Munitz Aye C/M Gottesman Absent V/M Massaro Aye Mayor Kravitz Aye 38. Woodmont Tract_88/77 - Warranty Bond - Temp._Res_o. #3927 - Discussion and possible action on disposition of a warranty bond posted for public improvements. SYNOPSIS OF -ACTION: APPROVED. RESOLUTION NO. R-85-432 PASSED. Mr. Henning read Temp. Reso._#892.7 by title. V/M Massaro said the letter from Bob Foy, Deputy City Engineer, indicates that the bond should be called now subject to the work not being completed by 12/20/85. She said if the work is done, the bond is released. V/M Massaro MOVED APPROVAL of Temp. Re50._#-39- SECONDED by C/M Stein. yQTE: C/M Stein Aye C/M Munitz Aye C/M Gottesman Absent V/M Massaro Aye Mayor Kravitz Aye EDITOR'S NOTE: This approval authorized the calling of the Letter of Credit #302683 in the amount of $33,301.68 if the remedial repairs are not completed or if an extension to this Letter of Credit has not been provided on or before 12/20/85. 1 1 it- MN 12/11/85 /pm 1 C' 34. u - Discussion and possible action on: a) Amendment tot he Special Exception granted on 1/9/85 to permit construction of a 180-bed facility -.Tempe- es _ mo eso �37 b) Declaration of Restrictions c) Developers Agreement (tabled from 9/26/85). Motion to remove from the agenda. d) Site Plan - e es e) Landscape Plan lopers Agreement f) Water and Sewer Deve g) Blanket Utility Easement - Temn,$eso-� h) Off -Site Utility Easement - T i) Public Safety Ingress/Egress Easement 1394 j) Agreement for funding future traffic and signalization needs. (To be located ont the west side of NW 79 Avenue, between the canal and NW 57 Set) rSYNOPSACT14N: a) APPROVED as amended. b) APPROVED. c) APPROVED as amended. d) APPROVED. e) TABLED for further research by City Planner and Engineering f) APPROVED.. g) APPROVED. h) APPROVED. i) APPROVED. j) REMOVED from the agenda. RESOLUTION NO. R--85--424 PASSED. RESOLUTION NO. R-85-425 PASSED. RESOLUTION NO. R-85-426 PASSED. RESOLUTION NO. R-85-427 PASSED. RESOLUTION NO. R-85-428 PASSED. RESOLUTION NO. R-85-429 PASSED. a) Mr. Henning read eso, 1_3171 by title. v/M Massaro said the title should bechanged to read uldbelchaned" instead of "180-unit". Mr. Henning s Mr. Henning said this Resolution is identical to Resolution 85-10 passed earlier this year. He said this was prepared as an amendment with the addition of the last paragraph, which reads, "Whereas, the City Council wishes to and conditiinsttosthe done, approval granted by Resolution 85-10...". hopefully, with the concurrence of the developer, Healthcare and Retirement Corporation of America. Mr. Henning said the original Resolution had no conditions and a condition is now being added that the maximum number ofbeds is 180; however, a combination of assisted living and nursing care beds may be used. He said the condition stipulates that no more than 79 of the beds may be for assisted living. He said these are the terms of the developer's Certificate of Need and his plans. Mr. Henning said the project has not changed buttofre areasome revisions as to landscaping. He said the purpose nd- ment is to add the condition indicated in Section 2 A. V/M Massaro noted that corrections were needed on Lines 9 and 19, changing "180-unit" to 11180-bed". 33 12/11/85 /pm Doug Cowan, representative of Craven Thompson, presented two checks to the City Clerk: $151,700.00 - 750.00 - Water & Sewer Contribution Charges for 92.5 ERCs ERC Review Fee V/M Massaro asked if there were not two other checks due, one for $9,205.00 and one for $9,450.00 and Mr. Cowan said they were paid last week as part of the plat approval. Frank Etheredge, Finance Director, verified these checks were received. V/M Massaro noted that the amount due for the Water and Sewer Contribution Charges for 92.5 ERCs was $151,703.28 and Mr. Cowan said they will pay the additional amount of $3.28 in cash, if necessary. She said this should be checked further by the appropriate party. V/M Massaro said this portion of this item cannot be acted on until it is determined in what agreement the A.C.L.F. units are addressed. b) Mr. Henning read Temp, Resos #3237 by title. Mr. Henning said in Council's backup there is a blank revised. Deed Restriction dated 12/6/85, which concerns the use of cars by the residents of the A.C.L.F. units. He said the developer proposed an executed document which he and the City Planner revised so that the City would be a party to this agreement and it will not be released without City approval. He said it requires that any of the tenants in the assisted living area would not be permitted to have a vehicle on premises or adjacent to the premises while they are staying there. He said this is based on the calculations of parking for a nursing home and not an A.C.L.F. development. Mr. Henning reviewed the Declaration of Restrictions as presented to him by Mr. Cowan and V/M Massaro MOVED APPROVAL of Tpmp.FPso_. #3937, SECONDED by C/M Munitz. yOTE : ALL Y-Q_T_Efi�AYE c) Mr. Henning said there was a Development Review Agreement and a Developers Agreement and he merged the two into one document. He said that document recognizes the fact that there needs to be an amendment to the Land Use Plan in order to allow a combination of assisted living beds, which are typically residential, and nursing home beds, which are typically commercial. He said the use of this project is a combination of residential and commercial facilities as recognized in the Broward County Land Use Plan. Mr. Henning said this agreement was brought up on 12/6/85 and V/M Massaro has indicated that she would like a provision that states that until the Land Use Plan is brought into conformance with the uses, although building and certificates of occupancy would continue to be granted, the beds would not be occupied until the Land Use Plan has been approved. He said in Paragraph 6 it states, "Regardless of the other provisions contained herein, the City agrees not to withhold building permits or certificates of occupancy due to the Land Use Plan amendment process." Mr. Henning said V/M Massaro wants to add the sentence, "Regard- less of previous commitments, the owner agrees not to occupy the 79 beds assigned to Assisted Living Units until such time as the City of Tamarac's Land Use Plan is recertified by the Broward County Planning Council in order to permit said use on its pro- perty." She said it is their responsibility to ask the City to initiate this recertification with payment of the fee of up to $4,000.00. 1 34 12/11/85 /pm Mr. Henning said since Mr. Schwartz was not present at the 12/6/85 Council meeting, it would be good to possibly reconsider this agreement for his review. He suggested moving on to the other portions of this Item and coming back to this item. d) Mr. Henning read Temp. Reso. #3938 by title. Mr. Henning said the site plan was proposed and recently revised with the emphasis on landscaping with 4 gardens in this building. He said they have discussed with the developer the attempt to remove perimeter parking as much as possible adjacent to the building so that the cars are not pulling up to the garden. He said the traffic pattern and parking were altered at the request of the City. Mr. Cowan said this is a nursing center with a garden feeling. He said originally there was no outdoor seating area proposed but they have added 4 garden seating areas and expanded the green space on the west side of the building by moving a driveway to the west so that there would be additional outdoor seating on that side. He said the amount of parking spaces remains the same. Mr. Henning asked if this is a two-story building and Mr. Cowan said yes. e) V/M Massaro said they have been given consideration concerning how much they paid for the additional A.C.L.F. units in order to have them do more than is required by Code regarding landscaping. She asked if the annuals that were in there have been removed and the City Planner said no, these were not removed as yet. Ms. Brown said another problem was the encroachment of the utility easements with trees and shrubs. She said her Department is requesting release of those easements to plant those trees from the City Engineer. V/M Massaro said she would suggest this Landscape Plan come back to Council with approval of the site plan being subject to that. She said the annual plants are not satisfactory. Mr. Cowan said he has no objection with this request and, concerning the utility easements, they have a blanket utility easement over this entire site and he questioned what the conflict is. Ms. Brown said the comment came about yesterday during review of the Landscape Plan wherein the areas where the trees were located to the front of the parcel and most of the sides are within the utility easement covered under the blanket. Mr. Cowan said originally there was an approved Landscape Plan which had the same condition from the Beautification Committee. V/M Massaro suggested the City Planner discuss this with the Engineering Department so that they can relocate the trees and shrubs with no problem. Mr. Cowan said they will make the changes suggested by the City Planner and will work with the Beautifica- tion Committee. V/M Massaro. MOVED that the Landcape Plan be TABLED for further review by the City Planner and Engineering Department and finally coming back to Council. SECONDED by C/M Munitz. VOTE: 35 12/11/85 /pm d) V/M Massaro MOVED APPROVAL of Temp_._Reso-. #3938 since the necessary changes have been made, SECONDED by C/M Munitz. VOTE: ALL VOTED AYE f) Acting City Manager Perretti said the exact figure for the Water and Sewer Contribution Charges for 92.5 ERCs is $151,700.00. Mr. Henning said the Water and Sewer Agreement has been executed with a unique provision. There has been some discussion regarding the actual ERCs because it is a nursing center and they do not feel they have the water demands that a hospital would have and originally, the connections based on hospital beds were used. He said there was an agreement reached on the number of ERCs and a provision that in 6 months they will be reviewed by the engineer ing department and adjusted, if necessary. Mr. Henning said concerning the correct amount for the Water and Sewer Contribution charges for 92.5 ERCs, the factor that the Engineering Department assigned per bed is .5139 ERCs per bed and, when multiplied times 180 beds, the total is 92.502 ERCs. He said the Engineering Department has dropped the two hundredths of an ERC to make it 92.5 ERCs, thus causing the discrepancy of a few dollars. He said the agreement is for the figure of $151,700.00 and coincides with the amount of the check submitted today. Tape 7 V/M Massaro MOVED APPROVAL of the Water and Sewer Developers Agreement as submitted, SECONDED by C/M Stein. VOTE: ALL VOTED AYE g) Mr. Henning read Temp. Reso,_#3939 by title. V/M Massaro MOVED APPROVAL of Temp. Reso, #3939 accepting the Blanket Utility Easement, SECONDED by C/M Munitz. VOTE: ALL_ VOTED_ AYE h) Mr. Henning read Temper Reso_, #3940 by title. V/M Massaro MOVED APPROVAL of Temp. $eso. #3940 accepting the Off - Site Utility Easement, SECONDED by C/M Gottesman. Mr. Henning said it should read, "Easement conveyed" instead of "to be conveyed". VOTE: C/M Stein Aye C/M Munitz Absent C/M Gottesman Aye V/M Massaro Aye Mayor Kravitz Aye i) Mr. Henning read Temp. Reso. #3941 by title. V/M Massaro MOVED APPROVAL of Temp._Reso...13241 accepting the Public Safety Ingress/Egress Easement, SECONDED by C/M Gottesman. VOTE: ,ALL VOTED AYE j) Mr. Henning said it was confirmed by the Finance Director that the fees were paid and, if the Ordinance is not in effect in 6 months, the applicant will be requesting a refund. 36 12/11/85 /pm 1 1 V/M Massaro MOVED to REMOVE the agreement for funding future traffic and signalization needs from the agenda, SECONDED by C/M Gottesman. VOTE: ALL VOTED_ AYE a) Mr. Henning said Council suggested a revision on 12/6/85 and when the City agreed that Mr. Schwartz would work with the City to get the Land Use Plan revised to permit the combination of residential and commercial use. He said the Council has asked that the filing and consulting fees, if any, will be paid by the applicant since it will be a benefit to him to have this done. He said the agreement indicates that it will be a maximum of $4,000.00 for those fees. Mr. Henning said the revision suggested today addresses the last paragraph in the agreement. He said the Council has stated that building permits and certificates of occupancy will be issued for the development under this agreement; however, the Council is requesting the applicant agree not to occupy the A.C.L.F. beds until the Land Use Plan is revised and certified. (C/M Gottesman left the meeting at this point -- 3:30 P.M.) Jerry Schwartz, representative of Healthcare Retirement Corp., said the action at the County level is scheduled for 12/17/85 and there is no reason why application cannot be made after the first of the year to start the Land Use Plan changes. He said they also agree to the additional language, regarding previous commitments, "the owner agreeing not to occupy the 79 beds assigned to assisted living until such time as the City of Tamarac's Land Use Plan is recertified." c) Mr. Henning said the c) item should be treated as reconsideration of the "Developers Agreement" as the "Developers Review Agree- ment". Mr. Schwartz agreed. V/M Massaro MOVED APPROVAL of the Developers Review Agreement subject to the following amendments: 1. that it incorporate the language "regardless of previous commitments the owner agrees not to occupy the 79 beds assign- ed to Assisted Living Units until such time as the City of Tamarac's Land Use Plan is recertified by the Hroward County Planning Council in order to permit said use on its property." 2. this will also include the language that the applicant agrees to pay up to $4,000.00 for the Land Use Amendment. SECONDED by C/M Stein. UTE • V/M Massaro asked that the words, "Motion to remove from the agenda" be eliminated from the agenda since this was not a Motion to remove from the agenda. a) V/M Massaro MOVED APPROVAL of Temp. Reso._43179 as amended, SECONDED by C/M Munitz. UTE.: 37 ALL VOTED_ AYE 12/11/85 /pm GENERAL ADMINISTRATIVE/FINANCIAL 7. p nd Asualty Insurance- Discussion and possible action to purchase this coverage. SYNOPSIS OF_ACTION: (See Page 7) APPROVED with account numbers and amounts as provided by the Finance Director to the City Clerk. Frank Etheredge, Finance Director, acknowledged for the record that he has submitted the Account numbers and amounts to the City Clerk. V/M Massaro MOVED APPROVAL of the Property and Casualty Insurance as presented by the Finance Director and provided to the City Clerk. SECONDED by C/M Stein. VOTE: ALL VOTED AYE COMMUNITY DEVBLQPMENT 32, -- Discussion and possible action on: a) Revised site plan for Savings of America Bank - Temp. Res ._43931 b) Amendment to the Water and Sewer Developers Agreement c) Utility Easement - Temp. Reso._#U"_2_Z SYNQPSIhq 0 AC ION: a) and c) APPROVED b) APPROVED subject to the document being sent for signature of the mortgagee. RESOLUTION NO. R-85-422 PASSED. RESOLUTION NO. R--85-423 PASSED. a) Bob Jahn, Chief Building Official, said because the original site plan was approved showing the landscaping did not show Pad A, which is this revision for Savings of America, the City asked that the architect provide a bond of 150% of the certified cost of the landscaping to allow him to present a modified plan to go back to the Beautification Committee and Council in January. Mr. Jahn said he has received the certified cost of that landscap- ing and it is approximately $27,000.00 because they are all mature trees. He said he received a check in the amount of $41,046.00 to be used as a bond until the applicant receives approval from the Beautification Committee and Council. Mr. Henning read Temp. -Res . #3931 by title. V/M Massaro said the applicant was asked for a cash bond on this so that he could move forward with the understanding that when the site plan is approved the Finance Department will immediately process the release of that cash bond. Mr. Jahn said he has a letter covering those agreements that were negotiated yesterday afternoon and he submitted those to the City Clerk. He said as evidence of good faith, the applicant has also submitted a check in the amount of $1,956.53 as prepayment of his Beautification Fee. He said he has ten sets of plans on which the applicant has softened the drivethrough lane of the bank so that there will be better pedestrian traffic. He said the applicant has also provided a blown -up plan that shows that he has not altered or obscured any traffic circulation in that corner. He said he recommends approval. I P_� 38 12/11/85 /pm �j 1 C/M Stein MOVED APPROVAL of Temp. Reso. #3931 as revised by the Chief Building Official, SECONDED by C/M Munitz. VOTE: b) V/M Massaro MOVED APPROVAL of the amendment to the Water and Sewer Developers Agreement. Randall Keller, Architect, said there is a mortgage on the pro- perty with a Savings and Loan from the west coast of Florida and Mr. Henning said he would recommend approval subject to the signature of the mortgagee. Mr. Keller said that will be done. V/M Massaro amended her MOTION for approval subject to the docu- ment being sent for the signature of the mortgagee. SECONDED by C/M Stein. VOTE; c) Mr. Henning read Temp. Rego. #3932 by title. V/M Massaro MOVED APPROVAL of Temp. Reso. #3232, SECONDED by C/M Munitz. VQTE: ALL VOTED_ AYE 39. arbors dt Isles of Tamarac - Model S les Facility_ -- Discussion and possible action to renew a model sales permit and waiver of the 150-foot distance requirement for issuance of certificates of occupancy. SYNOPSIS OF ACTION: TABLED to the 1/10/86 Council meeting for payment of back charges in the amount of $19.75. The model sales permit will remain in effect until that date. C/M Stein said there are back charges due on this item in the amount of $19.75 and he MOVED to TABLE this item to the 1/10/86 Council meeting for payment of these fees. He said the model sales permit will remain in effect until that date. SECONDED by C/M Munitz. VOTE: ALL _VOTED AYE 31. Jasmine - Discussion and possible action on: a) Revised site plan correcting certain dimensions - Temp,_Reso,_ #3930 b) Amendment to the Water and Sewer Developers Agreement SYNOPSIS OF ACTION: (See Page 18) RECONSIDERED and APPROVED. RESOLUTION NO. R--85--421 PASSED. Mayor Kravitz noted that this item was Tabled earlier this morning but the petitioner is now ready to pay the guaranteed revenues due. Doug Cowan, representative of the applicant, submitted a check in the amount of $2,375.10 for payment of the guaranteed revenues for November and December. C/M Munitz MOVED to RECONSIDER this item, SECONDED by C/M Stein. VOTE: ALL VOTED AYE a) Mr. Henning read TeMp. Reso. #3930 by title. 39 12/11/85 /pm Thelma Brown, City Planner, said staff recommends approval of the request for revision to the site plan for revised setbacks for Building #3 as they now comply with the Code. V/M Massaro MOVED APPROVAL of dip,,_ Reso,, #3930, SECONDED by C/M Munitz. VQTE: ra`�}3►iI� _. b) Mr. Henning said there were two points of concern to staff on this item, first, there was a problem locating an executed document of the assigned Water and Sewer Agreement. He said Stephen Payne of Tiballi and Payne, who is present on behalf of Woodmont, has indicated that he has fully executed documents and will furnish the City with copies. He said this is on the agenda for an amendment to include the backflow prevention provisions. Mr. Cowan said he has a copy of the assignment of the Water and Sewer Developers Agreement and he submitted this to Mr. Henning. After briefly reviewing this, Mr. Henning said he recommends approval. C/M Stein MOVED APPROVAL, SECONDED by C/M Munitz. VOTE: ALL VOTED -AYE LEGAL AFFAIRS 26. Pxofessi n statements ry c s -- Discussion and possible action on received for from: professional services a) Muller, Mintz, Kornreich, Caldwell, Casey, Crosland & Bramnick, P.A. (tabled from 10/23/85) b) Facciani & Company (tabled from 9/26/85) SYNOPSIS _.nF ACTION: a) APPROVED invoices for 11/11/85 in the amount of $173.60 and 5/3/85 in the amount of $970.50. b) TABLED until after the Joint Workshop Meeting with Council and the Pension Board scheduled for 12/20/85. a) Mr. Henning said by way of a report to Council, when he was appointed City Attorney in 1982, John Gronda, of the firm of Muller, Mintz, Kornreich, Caldwell, Casey, Crosland & Bramnick, had already been established as special counsel to the City for specialized labor law representation. He said they have been called upon to assist the City from time to time. Mr. Henning said there is presently an outstanding bill dated 11/11/85 in the amount of $173.60 and he recommended this be paid from the Special Services of the City Attorney's office. He said in this particular case, the $173.60 is a grievance filed by a Police Officer and is in the process of defense. He said there is an estimation of up to $3,000.00 to follow through with this grievance and he recommended payment with authorization to Mr. Gronda to continue the grievance procedure up to $3,000.00. 40 12/11/85 /pm Mr. Henning said the next statement is dated 5/3/85 in the amount of $970.00. He said this goes back to the initial time the City heard about the Fair Labor Standards Act and Steve Wood, former Finance Director, had discussions with the City Manager and was eventually dismissed. He said there was also a pending sex discrimination charge by Police Officer Sharon Rabino, which has since been resolved. He said those three cases totalled the amount of $970.50 and he recommended payment from the Special Funds of the City Attorney's office. Mr. Henning said the last bill outstanding is dated 6/4/85, which is split between the Pension Board and the City Attorney. He said the City Attorney's amount would be $655.30 for 4 hours of dis- cussion and action on a termination hearing for Mr. Wood. He said Mr. Gronda was called in to handle the case and there was dis- cussion at a staff meeting of Department Heads concerning the Fair Labor Standards Act. He said he recommended payment payment of this ball from the City Attorney's Professional Services. Mr. Henning said the last item concerns another Associate of that firm, Gordon Rogers, who specializes in Pension work. He said he asked him to assist him with the Pension Plan, he attended a few of the Pension Board meetings and submitted a bill for $1,353.30 dated 6/4/85. He said he does not object if Council desires to pay this from the City Attorney's fund or it could be assessed against the Pension Plan. Mayor Kravitz questioned the third bill dated 6/4/85, concerns two items, the first of which was for 2 hours for the Steve Wood termination hearing. He asked if Mr. Henning knows what it cost the City for that proposed lawsuit and whether the City is being reimbursed for the expense involved. Mr. Henning said this concerns a pre -termination meeting with the City Manager. He said Mr. Gronda was present and Mr. Wood had his attorney present. He said to some degree Chris Carsky, of Alan Ruf's office, was involved as well at $65.00 per hour. Mayor Kravitz said he does not know of any time the Council or the Pension Board requested the attendance of Gordon Rogers at the Pension Board meetings. He said there is a Joint Workshop Meeting scheduled with the City Council and the Pension Board scheduled for 12/20/85 and he recommended this bill be held until after that time. Mr. Henning said he can understand Council not taking action on that bill until after the meeting. Mr. Henning said for the record there was no settlement or severence pay given in the Steve Wood termination. He said Mr. Wood only received his accrued time and the City merely paid to have the attorneys represent the City. C/M Munitz questioned the amount of money in the Account from which this money is being taken and Acting City Manager Perretti said that is normally given only on line item transfers. C/M Stein said since these bills are old and are earned, he MOVED to pay the 11/11/85 Invoice of $173.60 and the 5/3/85 statement for $970.50. He said the third bill will be held at this time. SECONDED by C/M Munitz. Mr. Henning suggested that Council include in the Motion authorization for Mr. Gronda to continue representing the City in the Officer Zaporesky grievance. C/M Stein said he will accept that as part of the MOTION and C/M Munitz agreed as the SECOND. 41 12/11/85 /pm Tape 8 b) Mayor Kravitz suggested this bill be held until after the Joint Workshop Meeting with the Council and the Pension Board and V/M Massaro so MOVED, SECONDED by C/M Stein. VOTE: ALL VOTED AYE 53. Certificate ec' t' n -- Presentation by Acting City Manager Perretti of a Certificate of Appreciation to Steve Melnick, Police Department, for his contributions to the Turkey Trot run by the City. SYNOP IS OF ACTION: Presentation was made. Acting City Manager Perretti presented a Certificate of Apprecia- tion to Steve Melnick, Police Department, for his contributions to the Turkey Trot run by the City on Thanksgiving Day. He said it was the first time that the City received a profit of $760.00 on the event. Mayor Kravitz and Council members commended Mr. Melnick as well. COMMUNITY DEVELOPMENT 41. Belf rt - Bond Releasss - Temp=, Rgso._#3953 - Discussion and possible action to release cash bonds posted to guarantee installation of landscaping for Buildings D-2, E-1, E-3 and the cabana. SYNOPSIS F ACTION: APPROVED. RESOLUTION NO. R-85-433 PASSED. Mr. Henning read Temp. Reso. #3933 by title. V/M Massaro MOVED APPROVAL of TgmR. Reso.#39 3, SECONDED by C/M Munitz. VOTE: C/M Stein Absent C/M Munitz Aye C/M Gottesman Absent V/M Massaro Aye Mayor Kravitz Aye EDITOR'S_NOTE: This approval released the following cash bonds: Building D--2 - $2, 200.00 Building E-1 - 1,000.00 Building E-3 - 325.00 Cabana - 375.00 42. Calico Country (Woodview Traat_3$)-Node1 Sales Facility - Discussion and possible action to renew a model sales permit and waiver of the 150-foot distance requirement for issuance of certificates of occupancy. Y P FACTION: APPROVED renewal for 6 months from 12/13/85 and to expire 6/13/86. 42 12/11/85 % /pm V/ 1 1 V/M Massaro MOVED APPROVAL of the renewal of the model sales permit and the waiver of the 150-foot distance requirement for issuance of certificates of occupancy, SECONDED by C/M Munitz. V C/M Stein Absent C/M Munitz Aye C/M Gottesman Absent V/M Massaro Aye Mayor Kravitz Aye REPORTS 45. City Attorney Report -- Mr. Henning reported that he will attend a meeting on 12/16/85 with Judge Weissing regarding Cardinal Industries' Motions. GENERAL MT T T F C AL 6. Did Award - rsonn nsu a c . - Temp._„R.eso._ 13919 - Discussion and possible action to award a bid for long term disability insurance. SYJ9OEhj1S__OFYACTIQN: TABLED o a Spedial Council meeting b�'. 12,- 7/8 0 Acting City Manager Perretti suggested Spei.al Council meeting on 12/17/85. this item be Tabled to a V/M Massaro so MOVED, SECONDED by C/M Munitz. C/M Stein Absent C/M Munitz Aye C/M Gottesman Absent V/M Massaro Aye Mayor Kravitz Aye REPORTS. 44. City ManagerRgport - No report. UTILITIES 19. Utilities .West - Discussion and possible action to award bids for the following: b) Three gas detectors - TcmRa eso.3 7 SYNOPSIO QF ACTION: (See Pages 28 & 29) APPROVED. Acting City Manager Perretti said this is taken from R & R Account #428--367-535-643, Capital Machinery and Equipment. Mr. Henning read Temp. Reso.3917 by title. 43 l2/11/$5 /pm V/M Massaro MOVED APPROVAL of T confirming the account numbers just given by the Acting City Manager to apply to this Account, SECONDED by C/M Munitz. VOTE: C/M Stein Absent C/M Munitz Aye C/M Gottesman Absent V/M Massaro Aye Mayor Kravitz Aye REPORTS 43.-Qty_-QUnciJ._ snorts - MAY9L-Y.i-z said he is Chairing a Consumer Board and he will consider Ordinance for the City to regulate Consumer Board. V/H Massaro - No report. L&AgA tz - No report. 91X-S4 -- Absent. es an - Absent. Panel Meeting of the County discussion concerning an Penalties for the City's Mayor Kravitz adjourned the meeting at 4:20 P.M. • A MAYOR ATTEST: �CIY CLERK This public document was promulgated at a cost of $294.88 or $8.19 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 TAMARAC AP ROVED AT MEETING F � City: Jerk 1 44 12/11/85 /pm