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RECORD OF COUNCIL ACTIONS/DISCUSSIONS
CITY OF TAMARAC
CITY COUNCIL
REGULAR COUNCIL MEETING
WEDNESDAY, DECEMBER 23, 1987
CALL TO ORDER: 9:00 A.M.
ANNOUNCEMENT OF TIME ALLOCATIONS - MOTIONS TO TABLE - The
Chair at this time will announce those items which have been
given a specific time to be heard, and will entertain motions
from Council members to table those items which require
research. Council may agendize by majority consent matters of
an urgent nature which have come to Council's attention after
publication.
INTRODUCTION
1. PRESENTATION by City Manager Kelly of a fifteen -year
service award to EDDIE PAULETTE, Public Works
Department, a ten-year service award to CHARLIE
BALDWIN, Public Works Department, and a five-year
service award to JOSEPH LONTOS, Utilities Department.
FINAL ACTION:
Presentations were made to Eddie Paulette, Charlie
Baldwin and Joseph Lontos.
2. PRESENTATION by Mayor Hart of a plaque honoring IRVING
VITROFSKY for his many years of unselfish dedication to
the youth of the City.
FINAL ACTION:
Presentation was made to Irving Vitrofsky.
CONSENT AGENDA
3. Items listed under Consent Agenda, Item 3, 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.
City Attorney
a. MOTION TO APPROVE an increase in the fees paid to
the firm of Ruf & Carsky, P.A., for all consulting
work on behalf of the City from $65.00 to $75.00
per hour, with labor work remaining at $100.00 per
hour.
FINAL ACTION:
APPROVED.
Page
12/23/87
city Clerk
1
3. b. MOTION TO APPROVE the minutes of the City Council
regular meeting of 12/9/87.
FINAL ACTION:
APPROVED.
c. MOTION TO APPROVE renewal of a permit for a
temporary administrative office in Building 10,
Unit 8650, at BOARDWALK APARTMENTS for a six-month
period from 12/25/87 to 6/25/88 (tabled on
11/12/87) .
FINAL ACTION•
APPROVED.
d. MOTION TO APPROVE renewal of a model sales facility
and rental office at SPRING HOUSE for a six-month
period from 12/24/87 to 6/24/88.
FINAL ACTION:
APPROVED.
e. MOTION TO APPROVE renewal of a model sales facility
and rental office at HIDDEN HARBOUR for a six-month
period from 12/24/87 to 6/24/88.
FINAL ACTION:
APPROVED.
f. MOTION TO APPROVE renewal of a model sales permit
for TAMARAC GARDENS Facility #1 and waiver of the
300--foot distance requirement for issuance of
certificates of occupancy for a six-month period
from 1/27/88 to 7/27/88.
FINAL ACTION•
APPROVED.
g. MOTION TO APPROVE renewal of a permit for the use
of a model sales facility at another location
(Kings Point Professional Plaza) for ASHMONT/KINGS
POINT for a six- month period from 1/29/88 to
7/29/88.
FINAL ACTION:
APPROVED.
h. MOTION TO APPROVE renewal of a model sales permit
and waiver of the 300-foot distance requirement for
issuance of certificates of occupancy for THE
LANDINGS ON CYPRESS GREENS for a six --month period
from 1/27/88 to 7/27/88.
FINAL ACTION•
APPROVED.
Page 2
12/23/87
Finance Department
3. 1. MOTION TO APPROVE waiver of the bidding
requirements and the purchase of two Multi -Tech 8
Channel Multiplexors at a cost of $3,966.00 in
order to maintain uniformity of communication
equipment; equipment is to be used by Utilities
West.
FINAL ACTION:
REMOVED at the request of the City Manager.
General Administrative
j. MOTION TO APPROVE various departments' annual
travel list as submitted by the City Manager.
FINAL ACTION:
APPROVED.
k. MOTION TO ADOPT Temp. Reso. #4877 appointing Mike
Von Hofen, Assistant City Planner, to the Broward
County Committee for Community Development.
FINAL ACTION:
APPROVED.
RESOLUTION NO. R-87-400 PASSED.
Utilities/Engineering
1. MOTION TO APPROVE the 5th Amendment to the Water
and Sewer Developers Agreement for JASMINE AT
WOODMONT.
FINAL ACTION:
APPROVED.
m. MOTION TO APPROVE an Amendment to.Existing Water
Retention Agreement between the City and LEONARD
BLATT to extend the original Water Retention
Agreement to 1/6/90.
FINAL ACTION:
APPROVED.
n. MOTION TO APPROVE the 3rd Amendment to the Water
and Sewer Developers Agreement for WOODMONT TRACTS
74/75, Revised Site Plan 1.
FINAL ACTION:
REMOVED at the request of the Developer.
o. MOTION TO APPROVE final payment in the amount of
1,913.50 to Frenz Enterprises, Inc., for work
performed to remove sludge and grit from all
treatment tanks, TUW Project 87--9, Sewage Treatment
Plant Closure, P.O. 40959.
FINAL ACTION:
APPROVED.
Page 3
12/23/87
3. p. MOTION TO APPROVE Change Orders #10 through #14 to
the contract with Ric -Man International, Inc.,
reflecting an increase in the contract amount of
*30,299.05 and further approval of Change Orders
#14 and #15 reflecting a reduction in the contract
amount of $143,039.71 for TUW Project 84-6,
Northwest Force Main and Pump Stations. The
original contract bid price was $2,110,779.00 and
the final contract price to close out this project
will be $2,038,335.97.
FINAL ACTION;
APPROVED.
OPEN PUBLIC FORUM
4. OPEN PUBLIC FORUM - Any member of the public who wishes
to address the City Council at this time must, in
advance of the item, give his/her name and address to
the City Clerk.
FINAL ACTION•
Open Public Forum was held.
REPORTS
5. City Council
6. City Manager
7. City Attorney
CONSIDERATIONS
Engineering/Utilities Dei2artment
B. MOTION TO APPROVE the transfer of $175,000.00 from
Unexpended Funds Account #310--872-999 to Project 88-44,
NW 76 Street Drainage Improvements.
FINAL ACTION-
APPROVED.
9. a. MOTION TO ACCEPT the construction work completed by
Double E Constructors, Inc., for TUW Project 85-20,
Water Treatment Plant Improvements Phase III.
b. MOTION TO ACCEPT the final release of liens as
provided by Double E Constructors, Inc., for TUW
Project 85-20.
c. MOTION TO AUTHORIZE final payment in the amount of
74,354.00 to Double E Constructors, Inc., for TUW
Project 85-20. P.O. 40814 through 40818.
d. MOTION TO AUTHORIZE final payment in the amount of
1, 246.12 to Adache & Associates for architectural
services for TUW Project 85-20. P.O. 40812.
FINAL ACTION:
a., b., c. and d. APPROVED.
Page 4
12/23/87
RESOLUTIONS
11
City Council
10. MOTION TO ADOPT Temp. Reso. #4878 appointing two (2)
alternate members to the PUBLIC INFORMATION BOARD.
FINAL ACTION: RESOLUTION NO. R-87-401 PASSED.
Appointed Maury Kramer and Esther Garfinkle for a term
to expire June 10, 1988.
Community Development
11. MOTION TO ADOPT Temp. Reso. #4879 approving a waiver
from the provisions of Section 20-33 of the Code
prohibiting dead-end streets requested by THE LANDINGS
ON CYPRESS GREENS at Paradise Drive leading into
Paradise Estates (tabled from 11/25/87).
FINAL ACTION: RESOLUTION NO. R-87-402 PASSED.
APPROVED.
12. a. MOTION TO ADOPT Tem Reso. #4880 approving a plat
for WOODMONT GARDENS.
b. MOTION TO ADOPT Temp. Reso. #4881 approving a site
plan and related documents for WOODMONT GARDENS.
(to be located on the south side of Southgate Boulevard
approximately 770 feet east of NW 88 Avenue)
FINAL ACTION:
a. APPROVED. RESOLUTION NO. R-87-403 PASSED.
b. APPROVED subject to City Attorney approval of
Developers Agreement. RESOLUTION NO. R-87-404
PASSED.
General Administrative
13. MOTION TO ADOPT Temp. Reso. #4855 approving a contract
with Mitchell Ceasar in the amount of $15,000.00 for
professional services (tabled on 12/9/87).
FINAL ACTION: RESOLUTION NO. R-87-405 PASSED.
APPROVED.
14. MOTION TO ADOPT Tem Reso. #4869 approving an
exclusive towing agreement for the City with AMERICAN
TOWING, INC. (tabled on 12/9/87).
FINAL ACTION:
TABLED.- no signed Agreement.
15. MOTION TO ADOPT Tem Reso. #4872 approving an
agreement with Thomas W. Ruff and Company of Florida to
supply and install office furniture for the TAMARAC
MUNICIPAL COMPLEX/CITY HALL in the amount of
$251, 987.26 (tabled on 12/9/87) .
FINAL ACTION:
APPROVED.
RESOLUTION NO. R-87-406 PASSED.
Page 5
12/23/87
Public Works Department
16. MOTION TO ADOPT Temp. Reso. #4887 awarding Bid #88-8 to
Ralph Osborn, Inc., in the amount of $13,638.00 to
upgrade the TAMARAC PARR concession restroom fixtures;
and to AUTHORIZE the appropriate budget transfer.
FINAL ACTION:
APPROVED.
RESOLUTION NO. R-87-407 PASSED.
Utilities/Engineering
17. a. MOTION TO APPROVE final payment in the amount of
157,368.34 to Reactor Controls, Inc., for
construction of the 201 Pump Station and Force
Main, TUW Project 86-5, and ACCEPTANCE of the
release of liens as provided by Reactor Controls
Inc. P.O. 40810, 40841, 40842 and 41375.
b. MOTION TO ADOPT Temp. Reso. #4882 assigning a 201
Force Main Easement to Broward County for Project
86-5.
c. MOTION TO ADOPT Tem Reso. #4883 authorizing the
appropriate City officials to execute a Bill of
Sale Absolute transferring ownership and
maintenance responsibilities for the 201 Pump
Station and Force Main from Utilities West to
Broward County, TUW Project 86-5.
d. MOTION TO ADOPT Temp. Reso. #4884 authorizing the
appropriate City officials to execute a Final
Release of Lien to Broward County certifying there
are no liens outstanding on the 201 Pump Station
and Force Main, TUW Project 86-5.
e. MOTION TO ADOPT Temp. Reso. #4885 authorizing the
appropriate City officials to execute an Affidavit
to Broward County certifying that there are no
outstanding invoices on the 201 Pump Station and
Force Main, TUW Project 86-5.
f. MOTION TO ADOPT Temp. Reso. #4886 authorizing the
appropriate City officials to execute a Certificate
of Warranty to Broward County to provide the
required one-year warranty for the 201 Pump
Station, TUW Project 86-5.
FINAL ACTION:
a. APPROVED.
b. APPROVED. RESOLUTION NO. R--87-408
c. APPROVED. RESOLUTION NO. R-87-409
d. APPROVED. RESOLUTION NO. R-87-410
e. TABLED.
f. APPROVED. RESOLUTION NO. R-87-411
PASSED.
PASSED.
PASSED.
PASSED.
PUBLIC HEARINGS - 10:00 A.M.
18. PUBLIC HEARING - MOTION TO ADOPT Temp. Reso. #4875
concerning a request by CHINA DOLL, INC., for
a special
exception to allow on -premises consumption of
beer and
wine at the proposed China Doll Restaurant at
8511 West
McNab Road in SHOPPES OF TAMARAC which is zoned B--1
(Neighborhood Business). Petition #34-Z-87
FINAL ACTION: RESOLUTION NO. R-87-412
PASSED.
APPROVED with the addition to the Resolution of the 'times
concerning the sale of beer and wine.
Page 6
12/23/87
19. PUBLIC HEARING - MOTION TO ADOPT Temp. _ Reso. _ #4 87 6
concerning a request by DANICO CORP. (AL'S FARMER'S
MARKET) for a special exception to allow the operation
of a deli in conjunction with a grocery store at 8691
West McNab Road in SHOPPES OF TAMARAC which is zoned
B-1 (Neighborhood Business). Petition #35-Z-87
FINAL ACTION: RESOLUTION NO. R-87-413 PASSED.
APPROVED.
ORDINANCES
PUBLIC HEARINGS - 10:00 A.M.
City Council
20. PUBLIC HEARING - MOTION TO ADOPT Tem . Ord. #1368 on
second reading to amend Section 2-7 of the Code to
provide for alternate members to the PUBLIC INFORMATION
BOARD.
FINAL ACTION: ORDINANCE NO. 0-87-62 PASSED.
APPROVED on second and final reading. Public Hearing
was held.
Community Develo ment
21. a. MOTION TO ACCEPT Affidavits of Publication, Mailing
and Posting for Temp. Ord. #1372 Petition
#32-Z-87
b. PUBLIC HEARING - MOTION TO ADOPT Temp. Ord. #1372
on first reading concerning a request by ASHURST
DEVELOPMENT CO., ERNIE ASHURST, to rezone lands at
the northeast corner of NW 94 Avenue and NW 57
Street from B-6 (Business District) to B-2 (Planned
Business). Petition #32-Z-87
FINAL ACTION-
a. ACCEPTED.
b. APPROVED on first reading. Second reading and
public hearing will be held on January 13, 1987 at
7:30 P.M.
General Administrative
22. PUBLIC HEARING - MOTION TO ADOPT Temp. Ord. #1369 on
second reading to increase the fine for parking
illegally in a space reserved for handicapped parking
from $50.00 to $250.00.
FINAL ACTION: ORDINANCE NO. 0-87-63 PASSED.
APPROVED on second
and final reading.
Public Hearing
was held.
Personnel/Insurance
23. PUBLIC HEARING -- MOTION TO ADOPT Temp.
Ord. #1336
(0-87-37) on second
reading to adopt
a new employee
pension plan.
FINAL ACTION:
ORDINANCE NO. 0-87-37
PASSED.
r ari'RuvLD ut, sec:und
and final reading.
Public Hearing
was held.
- -
Page 7
12/23 /87
1
1
Community Development
24. MOTION TO ADOPT Tem . Ord. #1373 on first reading to
amend Chapter 14 of the Code to provide for a revised
proration of the annual Occupational License Tax for
new businesses which open in the second half of the
fiscal year.
FINAL ACTION-
APPROVED on first reading. Second reading and public
hearing will be held January 13, 1987 at 7:30 P.M.
* * * * * * * * * * * * * * * * * * * * * * * * * * * * * * *
The City Council may consider and act upon such other
business as may come before it.
In the event this agenda must be revised, such revised copies
will be available to the public at the City Council meeting.
Pursuant to Chapter 286.0105, Florida Statutes, if a person
decides to appeal any decision made by the City Council with
respect to any matter considered at such meeting or hearing,
he may need to ensure that a verbatim record of the
proceedings is made which record includes the testimony and
evidence upon which the appear is based.
,0
Carol E. Barbuto
City Clerk
Page 8
12/23/87
CITY OF TAMARAC
REGULAR CITY COUNCIL MEETING
WEDNESDAY, DECEMBER 23, 1987
TAPE 1
CALL TO ORDER: Mayor Hart Called this Regular City Council meeting
to Order on Wednesday, December 23, 1987, at 9:00 A.M. in the Council
Chambers.
MEDITATION AND PLEDGE OF ALLEGIANCE: Mayor Hart Called for the Pledge
of Allegiance followed by a Moment of Silent Meditation.
PRESENT:
Mayor Bernard Hart
Vice Mayor Sydney Stein
Councilman Henry Rohr
Councilman Jack Stelzer
Councilman Bruce Hoffman
ALSO PRESENT:
John P. Kelly, City Manager
Richard Doody, City Attorney
Carol E. Barbuto, City Clerk
Pauline Walaszek, Special Services
Secretary
CONSIDERATIONS
Engineering/Utilities Department
8. MOTION TO APPROVE the transfer of $175,000.00 from
Unexpended Funds Account #310-872-999 to Project 88-44
Water Treatment Plant Improvements. (E84)
SYNOPSIS OF ACTION:
MOTION to REMOVE because of the
inconsistency of account and project
numbers, MOTION FAILED in lack of
a Second. Charter Board was asked
to investigate this matter.
(See Page xg for Final Action)
C/M Stelzer said the Engineer submitted a memo to Mike
Couzzo, Chairman of the Bid Review Committee, regarding
the denial of a certain item. He said a specific street,
specific project number and account number was quoted in
the memo; however, the backup papers signed by the City
Manager and Finance Director reflected a different
account number to a different project and, on the Agenda,
a different project number was reflected. C/M Stelzer
said he would like this matter looked into because this
was the second time this has occurred. He said a new
request for change was recently received to transfer from
one account to another and a new project number was
given. He said he did not like what was occurring and
asked the Charter Board to investigate this matter.
* C/14 Stelzer MOVED to REMOVE this Item from the Agenda for
* further consultation and investigation.
This MOTION FAILED for'lack of a SECOND.
Page 1
ix"
12/23/87
CONSENT AGENDA
Finance Department
1. MOTION TO APPROVE waiver of the bidding require-
ments and the purchase of two Multi --Tech 8 Channel Multi-
plexors at a cost of $3,966.00 in order to maintain
uniformity of communication equipment; equipment is to be
used by Utilities West.
SYNOPSIS OF ACTION:
REMOVED at the request of the
City Manager.
* - --V/M Stein MOVED to REMOVE this Item because the bidding require-
ments were not completed.
C/M Hoffman asked if this Removal was at the request of
the City Manager and City Manager Kelly replied, yes.
* C/M Hoffman SECONDED this MOTION.
City Attorney Doody said this Item was a Motion to waive
the bid requirements and under the Code, if Council would
be waiving the bid requirements, an Agreement was needed.
He said the Item should be Tabled and brought back at a
later meeting with the Agreement.
V/M Stein said that was why he Removed the Item as
opposed to Tabling it.
VOTE: ALL VOTED AYE
n. MOTION TO APPROVE the 3rd Amendment to the Water
Sewer Developers Agreement for WOODMONT TRACTS 74/75,
Revised Site Plan 1.
SYNOPSIS OF ACTION:
TABLED at the request of the Developer.
* V/M Stein MOVED to TABLE this Item at the request of the
* Developer, SECONDED by C/M Hoffman.
VOTE: ALL VOTED AYE
General Administrative
14. MOTION TO ADOPT Temp Reso. 04869 approving an exclusive
towing agreement for the City with AMERICAN TOWING, INC. (tabled
on 12/9/87).
SYNOPSIS OF ACTION:
TABLED because a signed Agreement
was not received.
* V/M Stein MOVED to TABLE this Item because a signed Agreement
* was not received, SECONDED by C/M Hoffman.
VOTE: ALL VOTED AYE
INTRODUCTION
1. PRESENTATION by City Manager Kelly of a fifteen -year service
award to EDDIE PAULETTE, Public Works Department, a ten-year
service award to CHARLIE BALDWIN, Public Works Department,
and a five --year service award to JOSEPH LONTOS, Utilities
Department.
Page 2
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12/23/87
SYNOPSIS OF ACTION:
PRESENTATIONS were made to Eddie Paulette, Charlie Baldwin and Joseph
Lontos.
City Manager Kelly presented a fifteen -year Service Award
to Eddie Paulette, a ten-year Service Award to Charlie
Baldwin and a five --year Service Award to Joseph Lontos.
He thanked them for their many years of service with the
City of Tamarac.
2. PRESENTATION by Mayor Hart of a plaque honoring IRVING
VITROFSKY for his many years of unselfish dedication to the
youth of the City.
SYNOPSIS OF ACTION:
PRESENTATION was made to Irving Vitrofsky.
Mayor Hart said when he began involvement with the City,
there was mention at school of, "Pop pop who pulls
teeth". He said he did not know who they were referring
to; however, when he asked the children who Pop pop was,
they referred to the man who wore the beret. He said
there is not one child in the school who does not know
Irving Vitrofsky. Ile said Irving Vitrofsky organizes
their games, talks and advises them and pulls their
teeth. lie said more people were needed to devote their
time to projects like this. He read a letter which
stated congratulations by,the Mayor and City Council for
the many years of volunteer service with a dinner for two
at one of four designated restaurants in Tamarac.
Irving Vitrofsky thanked the City Council for the honor
and said he was pleased to be an active part of the City
and thanked the City Council for recognizing the persons
who volunteer to help make Tamarac the great City it has
become. He said he always lived by the adage "It's
better to give than to receive", and would cherish the
award forever.
CONSENT AGENDA - Items 3 a) through p)
City Attorney
3. a. MOTION TO APPROVE an increase in the fees paid to
the firm of Ruf & Carsky, P.A., for all consulting work on
behalf of the City from $65.00 to $75.60 per hour, with
labor work remaining at $100.00 per hour.
SYNOPSIS OF ACTION:
APPROVED.
City Clerk
b. MOTION TO APPROVE the minutes of the City Council
regular meeting of 12/9/87.
SYNOPSIS OF ACTION:
APPROVED.
c. MOTION TO APPROVE renewal of a permit for a
temporary administrative office in Building 10, Unit
8650, at BOARDWALK APARTMENTS for a six-month period
from 12/25/87 to 6/25/88 (tabled on 11/12/87).
SYNOPSIS OF ACTION:
APPROVED.
Page 3
N/
12/23/87
d. MOTION TO APPROVE renewal of a model sales facility
and rental office: at SPRING MOUSE for a six-month period
from 12/24/87 to 6/24/33.
SYNOPSIS OP ACTION:
APPROVED.
e. MOTION TO APPROVE renewal of a model sales facility
and rental office at RIDDEN IIARBOUR for a six-month period
from 12/24/87 to 6/24/88.
SYNOPSIS OF ACTION:
APPROVED.
f.-140TION TO APPROVE renewal of a model sales permit
for TA:4ARAC GARDENS Facility #1 and waiver of the 300-foot
distance requirement for issuance of certificates of
occupancy for a six-month period from 1/27/88 to 7/27/88.
SYNOPSIS OF ACTION:
APPROVED.
g. MOTION TO APPROVE renewal of a permit for the use
of a model sales facility at another location (Kings Point
Professional Plaza) for ASHMONT/KINGS POINT for a six-month
period from 1/29/38 to 7/29/33.
SYNOPSIS OF ACTION:
APPROVED.
h. MOTION TO APPROVE renewal of a model sales permit and
waiver of the 300-foot distance requirement for issuance of
certificates of occupancy for THE LANDINGS ON CYPRESS GREENS
for a six-month period from 1/27/33 to 7/27/33.
SYNOPSIS OF ACTIO14:
APPROVED.
Finance Department
i. 240TION TO APPROVE waiver of the bidding require-
m.<ents and the purchase of two I4ulti-Tech 8 Channel Multi-
plexors at a cost of $3,966.03 in order to maintain
uniformity of communication equipment; equipment is to be
used by Utilities .Nest.
SYNOPSIS OF ACTION:
REMOVED at the request of th--
City Manager on Page 2..
General Administrative
j. I40TION TO APPROVE various departments' annual travel
list assubm tti d by tha 'City 114anager.
SYNOPSIS OF ACTION:
APPROVED.
k. '10TION TO ADOPT Temp. Rcso. 414877 appointing I1ik,e
Von Hofcn, Assistant City Planner, to the Broward County
Committee for Community Developmant.
SYNOPSIS OF ACTION: RESOLUTION NO. R-37-430 - PASSED
APPROVED.
P,ag c 4
j�
12/23/87
Utilities/Engineerin
1
1
1
1. MOTION TO APPROVE the 5th Amendment to the Water
and Sewer Developers Agreement for JASMINE AT WOODMON T.
SYNOPSIS OF ACTION:
APPROVED.
M. MOTION TO
Retention
extend the
SYNOPSIS OF ACTION:
APPROVED.
APPROVE an Amendment to Existing Water
Agreement between the City and LEONARD BLATT to
original Water Retention Agreement to 1/6/90.
n. MOTION TO APPROVE the 3rd Amendment to the Water
and Sewer Developers Agreement for WOODMONT TRACTS 74/75,
Revised Site Plan 1.
SYNOPSIS OF ACTION:
TABLED. (See Page 2)
o. 140TION TO APPROVE final payment in the amount of
$1,913.50 to Frenz Enterprises, Inc., for work performed
to remove sludge and grit from all treated tanks, TUW
Project 87-9, Sewage Treatment Plant Closure, P.O. 40959.
SYNOPSIS OF ACTION:
APPROVED.
P. MOTIO14 TO APPROVE Change Orders #10 through #14 to
the contract wr h Ric -Man International, Inc., reflecting
an increase in the contract amount of $30,299.05 and further
approval of Change Orders #14 and #15 reflecting a reduction
in the contract amount of $143,039.71 for TUW Project 84-6,
Northwest Force Main and Pump Stations. The original contract
bid price was $2,110,779.00 and the final contract price to
close out this project will be $2,038,335.97.
SYNOPSIS OF ACTION:
APPROVED.
* C/M Hoffman MOVED t
* with the exception
* Tabled, previously,
o APPROVE Consent Agenda Items a) through p),
of Items i) and n), which were Removed and
SECONDED by V/M Stein.
VOTE: ALL VOTED AYE
OPEN PUBLIC FORUM
4. OPEN PUBLIC FORUM
Belle Strauss, Resident at 9301 Lime Bay Boulevard, had
concerns about the sidewalk placed on McNab Road and said
the sidewalk was not on Lime Bay property. She suggested
a sidewalk be placed on Lime Bay Boulevard, from Westward
Boulevard east to west. She said she called V/M Stein to
discuss this matter and she was very insulted by his
abrupt manner. She said the residents did not expect this
from the Councilmen.
Paul Bernikow, Resident at 9400 Lime Bay Boulevard, asked
V/M Stein why Lime Bay was being forced to accept a
sidewalk which was not wanted. He said the sidewalk went
from nowhere to nowhere and served no purpose for the
residents of Lime Bay plus the sidewalk would be costing
the City of Tamarac and the residents unnecessary
expenditures. He suggested Public Hearings be held so
Page 5
12/23/87
the City Council could learn the feelings of the people
who make up a large part of the Council's constituency.
He said the sidewalk had no connection to any building in
Lime Bay and was useless to the Lime Bay residents. He
said if the City wanted to provide sidewalks for the Lime
Bay residents, the sidewalks should be placed on Lime Bay
Boulevard.
Bill Raben, Resident at 9300 Lime Bay Boulevard, had
concerns with the insistence forced upon the residents at
Lime Bay for the sidewalk. He said the residents were
exercising their Constitutional rights to petition their
government for a redress of grievances and were shocked
at the reception firs. Strauss received from V/M Stein.
He said the conduct was unbecoming of an official of the
City and an apology should be given. He said the people
who informed Council that the sidewalks were needed and
wanted had no right to speak for the majority of the
residents at Lime Bay. He said in the future, an
official observer of Lime Bay would be designated to
attend the City Council meetings and bring information
back to the residents; therefore, if there were any
objections, the residents would inform the Council of
their opinions.
Anthony Salvestri, Resident at 9090 Lime Bay Boulevard,
said when he came back from his trip he met with the
Mayor, City Manager and City Engineer regarding this
matter and, at the time of the meeting, a hold on the
sidewalk placement was to be made. He said the City
Engineer was not knowledgeable about the property owned
by Lime Bay; therefore, the sidewalk had to be redesigned
because the property was wrong. He had concerns with the
rushing of this project. He said he would turn any
records he had to the Charter Board. He said the
pamphlet said the sidewalk was on City right-of-way,
which was City property, not Lime Bay property. He said
the sidewalk was, in fact, on Lime Bay property. He said
Lime Bay gave the City the right--of-way to use the
property; however, Lime Bay did not give right-of-way to
the City, Leadership gave the property to the City when
they served the Plat. lie suggested the Engineer check
the plan and the plat for the information regarding the
property. He said the sidewalk was being installed as
part of the City's overall sidewalk plan and asked when
the plan had been enacted. fie asked what was wrong with
the other land and streets in Tamarac and what made the
City Council decide to pick the property at Lime Bay.
Mr. Salvestri said the people at Lime Bay wanted to know
who instigated this matter and, why the City Manager and
the City Engineer had to demand that this matter be
instituted and started immediately. He said if they were
so scared of their jobs, he would see that the Charter
Board researches the matter.
Moni
Avidon,
Resident at Lime Bay, asked the City Council
why
there was
a sudden rush
to install the sidewalk. He
said
the City
would pay any
liabilities that occur. He
said
again,
when this
all of
matter comes
Lime Bay would
before the City Council
be attending to object to
the
sidewalk.
Melanie Reynolds, Resident of Sands Point, said she would
not be speaking about the sidewalk because Sands Point
went through the same problem last year. She said one of
the signers of the bus shelter agreement was Rick Rednor,
who signed as Acting City Attorney. She said she was not
Page 6
12/23/87
aware of a Resolution designating Rick Rednor as Acting
City Attorney' She said when the City was without a City
Attorney, Rick Rednor drafted two Resolutions for the
City. She said Resolution No. R-87-283 regarding the
5-year Waste Management Franchise Agreement was one of
those Resolutions and the Charter stated franchises must
be by Ordinance. She said this Resolution violated the
Charter. She said Resolution No. R-87-317 was another
Resolution drafted by Rick Rednor regarding the adoption
of the 1987/88 City Budget; however, the City Charter
stated the Budget must be adopted by Ordinance because
Arthur Birken, previous City Attorney, enacted the budget
to be adopted by General Law and did not consider a
Resolution as a Law. She said the Charter was the law of
the City and the Resolutions were not Constitutional.
Maxwell Ingram, Resident at 9360 Lime Bay Boulevard, said
his response to the sidewalk was directed to V/M Stein
and his two confederates, C/M Hoffman and C/M Rohr. He
said the public need which was stressed to the Council
must have been from an invisible man. He had concerns
with the needless costly responsibilities thrusted upon
Lime Bay residents. He said Mayor Hart was correct when
he stated that the main goal of the sidewalk was to win
votes for V/M Stein. He said the following epitaph
should be engraved on the sidewalk; "Here lies a
sidewalk which happily commemorates the resounding
election defeat on March, 1988, of Syd Stein, a Mayoral
Candidate, who was duly and sensibly rejected by the
Voters. Whereupon, the return to the City of Tamarac,
tranquility, residential beautification and good
government for the people living here."
Mr. Ingram said if the Mayor and Council were unhappy about
being sued for $4,000,000.00 by Helen Massaro, they
should blame Shirley Blumfield.
Joe Schreiber, Resident at 10504 East Clairmont Circle,
thanked the Mayor and City Council for his appointment to
the Insurance Advisory Board. He said he was not
familiar with the procedures at Council meetings and
asked if the Items on the Agenda were open for questions
and would be answered if he were to raise them.
Mayor Hart said if there was an Item on the Agenda, Mr.
Schreiber may raise his hand at the time the Item was up
for vote of Council.
Joe Schreiber said the Council acted upon Item 3;
however, he had questions regarding a few Items. He said
the Council should be more specific for the Public's
edification so they could be aware of the Council's
discussions. He said what the public does not
understand, they should have.the right to know;
therefore, he was concerned with the Consent Agenda's
Item g) because it was relating to his area.
Mayor Hart suggested Mr. Schreiber go into the Community
Development Department and direct any questions that he
had to Thelma Brown -Porter, City Planner, or her
assistants and they would be happy to answer the
questions for him providing the questions were for
Community Development.
Page 7
�x
12/23/87
Joe Schreiber, Referring to Charter Section 12-a, said
the City left themselves wide open for lawsuits by
defective conditions on sidewalks and other public areas
and suggested there be an Amendment to the Charter
indicating the City should be notified in writing before
an accident occurs.
Mayor Hart suggested Mr. Schreiber present any matter
regarding the Charter at the Charter Board meetings.
Harold H. Newman, Resident at��s-ttvood 23, asked if the
City of Tamarac had an obligation or responsibility for
the Police to toll the exit and the entrance of the
Sawgrass Expressway at Commercial Boulevard for the
purpose of apprehending riders who did not pay their
toll. He had concerns about the Police being where they
were not needed as opposed to being where they were
needed.
Mayor Hart asked the City Manager to investigate whether
the City was being compensated for the patrol and report
back to the City Council with his findings.
REPORTS
5. City Council
C/M Hoffman - commended City Manager Kelly on the outstanding
job of eliminating the annoyance of the dirt bikers in
the Isles of Tamarac area. He said there was an area
owned by the Sawgrass Expressway that was not fenced off
and City Manager Kelly sent a letter to the County
Commissioner regarding this matter. He said as the
representative to the area, he would like to compliment
and share his appreciation with City Manager Kelly.
C/M Rohr - No Report.
V/Ii Stein - reported the City receiving County approval to
place a bicycle compound on the east side of the over
pass on University Drive so the children would not have
to push their bikes on and over the overpass.
V/M Stein said he did not know why the sidewalk issue had
become a political situation and referred to discussion
by Anthony Salvestri. V/M Stein suggested Mr. Salvestri
speak to Thelma Brown because last year a map was
published showing the intended sidewalks which would run
down Commercial Boulevard, Southgate Boulevard and McNab
Road from Nob Hill Road to University Drive. He said in
addition, residents were asked to contact him or the City
Manager if they requested priority on any sidewalks. fie
said there were two prior installations, one at Southgate
Blvd., Section 23, and the other at Sands Point. He said
there was an allegation that the sidewalk ran from
nowhere to nowhere which was untrue. He said the
sidewalk ran from the clubhouse entrance of Lime Bay to
the existing sidewalk which ran to Pine Island Road and
the intention was to hook the sidewalk up to the west,
which was 600 to 700 feet. He said this connection would
make one continuous sidewalk. He said there were never
requests made for sidewalks to be placed on the interior
streets. He said Lime Bay sued the City for not
enforcing the developer to install sidewalks and the case
was thrown out of court because,at that time, the City
could not be sued under the policy of eminent domain;
Page 8
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12/23/87
TAPE 2
Cl
1
however, the residents were continuing to fight for
sidewalks. He said any resident could request sidewalks
and he did not see the President of Lime Bay get upset
with the speed reduction signs being placed at Lime Bay.
He said these were requested at the same time by the same
people who requested the sidewalks.
Referring to the sprinkler replacements, V/M Stein said
the sprinklers were replaced and American Cable had
agreed and informed the residents by a letter that there
would be no cost to the residents in changing their
lines. He said the sprinklers were in a right-of-way at
which they did not belong and the City still moved them
without cost to the residents. He said the residents
would not be charged for liability insurance. He said
the project was not a Lime Bay project. He said he has
always run and would continue to run, regardless of what
was said by the politically motivated people, that
sidewalks saved lives. He said the National Safety
Council stated that and so does he. He said on the same
day Lime Bay attempted to stop the sidewalk project, a
man on 77th Avenue was killed walking on Pine Island
Road. He said the sidewalk was being installed as part
of the City overall project at no cost to the residents
and the project was being placed in the City
right-of-way. He said the project was being paid for by
the Sidewalk Funds. He said if the City had all the
money they would continue to install the sidewalks. He
said the law in the City of Tamarac stated that building
in the City was not allowed unless sidewalks were part of
the plans. He said he was happy to see sidewalks
installed if it meant saving lives. He said the
residents were not being forced to walk on the sidewalks
and they were not paying for the sidewalks. He said the
sidewalks being placed in the City were for everyone and
not just for Sections.
C/M Stelzer said the City provided emergency service
for 911 calls and at a Presidents Council Meeting, a
question was raised regarding transferring from the first
arrival hospital to another hospital at a flat rate. He
said the previous transfer charges were $180.00 and after
negotiations by City Manager Kelly with Medics Ambulance,
transferring would be done to Florida Medical, Holy Cross
and possibly North Ridge from University Hospital at a
cost of $100.00.
C/M Stelzer said at 70th Avenue and 57th Street, there
was a full stop sign for vehicles going east and west and
north and south were through streets. He said there were
several accidents occurring there. He said several weeks
ago there was a bad accident and the woman going north
and south fortunately had her seat belt on; however, the
woman going east and west ran the stop sign, was not
wearing a seat belt and died. He said he called the
Traffic Engineering Department and sent a police report.
He said as soon as he notified the TED regarding the
death, there would be a 4-way stop at that intersection.
lie said if anyone feels an area is unsafe, they should
contact TED because they worked very well with them.
Mayor Hart said at the time the Resolution approving Lim, -
Bay sidewalk construction was passed on November 12,
1987, he Moved to Table the Item because he wanted to
wait until the City Comprehensive Sidewalk Plan was
ready, which never has been presented to Council, to.
identify where the sidewalks were needed, to identify
priority for safety and to identify the cost for the
Page 9
y
12/23/87
budget. lie said when the three members of the Council
were elected 2 years ago, they promised to let the public
speak; therefore, the public had the right to speak and
the Council had an obligation to listen. He said after
Council listened to the public, it was up to Council in
their bestjudgment -, and in the interest of the people of
the City as a whole, to make a decision.
Mayor Hart said this matter has been discussed as ongoing
for several years and he just recently heard about it.
He said there was a member of the Council who has been
sitting on Council for 4 years; therefore, why was this
matter not brought up to the other Council members if the
matter was ongoing. Referring to the reference by V/M
Stein regarding the pamphlet, he said nobody, Council
person or citizen, had the right to talk in the name of
the City without permission from the Council and the
person who drew up the pamphlet, did not have the
backbone to place their name on the petition. He said
the only truthful item in the flyer was at the bottom
left hand corner which stated "Paid Political
Advertisement".
(. C_i_ty Manager --
City Manager Kelly said under the Consent Agenda there
was an Item approved for a Change Order to one of the
major Projects in the Utilities Department, which was for
the Northwest Force Main Pump Stations. He complimented
Bill Greenwood, Director of Utilities/Engineering, his
staff and the consultants for bringing the final project
in at less than $143,000.00 over the estimated contract
price.
Mr. Kelly said the City was readvertising for the sale of
the City Hall property and the Public works property and
the receiving date would be January 22, 1988 at 4:00 P.M.
Mr. Kelly reported that this agenda did not contain the
Chamber of Commerce request for the Street Fair because
all of their information had not been submitted and he
would like Council's consideration for advising them of
the Council's intent to approve the date recommended by
them which would be April 10, 1988,so they could proceed
with their preparations for the Fair.
Mr. Kelly said the Water Plant dedication was scheduled
for December 29, 1987 at 11:00 A.M. and he would be
coordinating with the City Council on a schedule for the
ground breaking for the Police Department in the first or
second week of January, 1988. He said the clearing of
the property was taking place now.
Mr. Kelly said last week, a preliminary annexation
proposal was submitted to the Legislative Delegation for
their review. He said the submittal was short, very
important, definitive requirements such as the Intensive
Economic Analysis. He said the deadline was Friday
afternoon, and he apologized to Council for not getting
the information to them before he signed the documents.
He said before the Internal Economic Analysis was done
and prior to submitting it to the Legislative Delegation,
there would be a workshop with the City Council and one
of the annexation parcels could be withdrawn at that
time.
Page 10
12/23/87
Referring to the ambulance transfers, Mr. Kelly said the
cost of $100.00 would be only for a second transfer. He
said the first transfer was covered by the subsidy that
the City pays and for the employees who are carried, the
City's insurance company would be sought by Medics
Ambulance to secure additional funds. He said the
patients on first carry would be transported to the
closest hospital. He said the driver had no options and
could not go where the patient would like him to go until
the patient was at the hospital and had to go to another
designated hospital for their d'octor's service at which
time they would be charged $100.00.
7. C- i Attorney - No report.
Mayor Hart Called for a 10 minute recess and Reconvened
with ALL PRESENT.
RESOLUTIONS
PUBLIC HEARING - 10:00 A.M.
18. PUBLIC HEARING - MOTION TO ADOPT Temp. Reso. #4875 concerning
a request by CHINA DOLL, INC., for a special except on to
allow on premises consumption of beer and wine at the proposed
China Doll Restaurant at 8511 West McNab in SHOPPES OF TAI'iARAC
which is zoned B-1 (Neighborhood Business). Petition #34-Z-87.
SYNOPSIS OF ACTION: RESOLUTION NO. R-87-412 - PASSED
Public Hearing Held.
APPROVED.
I *
1
City Attorney Doody read Temp. Reso. #4875 by title.
mayor Hart Opened and Closed the Public Hearing with no
response.
V/M Stein MOVED to APPROVE this Item, SECONDED by C/M Hoffman.
C/M Hoffman had concerns with the building being painted
with pink stripes and asked that the building be
repainted.
Thelma Brown --Porter, City Planner, said when the
Community Development Department found out that they
painted the building pink, they checked the Site
Development Plan and found that there was no uniform
color criteria because the color criteria was implemented
only last year; therefore, there was no way to enforce
the color to be changed.
C/M Stelzer said in the past, when applications were
approved for beer license, Section 2 of the Resolution
confirmed the restrictions for the serving of beer.
Thelma Brown -Porter said this restaurant was a food
establishment and at the time the restaurant stopped
serving food, the beer and wine would stop being served.
City Attorney Doody said the Resolution would be Amended
to include the conditions.
VOTE:
Page 11
ALL VOTED AYE
12/23/87
19. PUBLIC HEARING - MOTION TO ADOPT Tem2_ Reso. #4876 concerning
a request by DANICO CORP. (AL' S FARMER'S MARKET) for special
exception to allow the operation of a deli in conjunction with
a grocery store at 8691 West McNab Road in SHOPPES OF TAMARAC
which is zoned B--1 (Neighborhood Business) . Petition #35-Z-87.
SYNOPSIS OF ACTION: RESOLUTION NO. R-87-413 - PASSED
Public Hearing Held.
APPROVED.
City Attorney Doody read Te_ mp. Reso. #4876 by title.
Mayor Hart Opened the Public Hearing.
doe Schreiber, Resident at 10504 East Clairmont Circle,
asked if there would be on -premises consumption.
Thelma Brown -Porter replied, no.
With no further responses, Mayor Hart Closed the Public
Hearing.
* V/M Stein MOVED to APPROVE this Item, SECONDED by C/M Rohr.
C/M Stelzer said the same Section on the Resolution
should be filled in as previously discussed. Iie said if
there were no conditions, Section 2, should reflect no
conditions.
City Attorney Doody said when the Resolution was
presented to Council, the Section was left blank until
after approval in case there were conditions applied at
the meeting.
VOTE:
ORDINANCES
City Council
ALL VOTED AYE
20. PUBLIC HEARING - MOTION TO ADOPT Temp. Ord. #1368 on second
reading to amend Section 2-7 of the Code to provide for
alternate members to the PUBLIC INFORMATION BOARD.
SYNOPSIS OF ACTION: ORDINANCE NO. 0-87762 - PASSED
Public Hearing held.
APPROVED on second reading.
City Attorney Doody read Temp. Ord. #1368 by title on second
reading.
Mayor Hart Opened the Public Hearing.
Melanie Reynolds, Resident at Sands Point, said in 1976,
the Board was put into the Charter with 5 members and 2
Alternates under Ordinance 0-76-19 and in 1978, Ordinance
0-78-25, was Amended by the Charter Board by adding at
least 3 members and the Amendment was passed at
Referendum. She said in 1979, with Ordinance 0-79-30,
the City Council changed the Charter to add at least 5
members and eliminated the Alternates. She said this was
not done at a Referendum. She said in 1984, Ordinance
0-84-69, Ray Munitz sponsored an Amendment eliminating
the two members who were elected. This was passed at
Referendum.
Page 12
1
E
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12/23/87
Mrs. Reynolds said in 1986, when the City Council changed
the Committees under Ordinance 0-86-20, the Welcoming
Committee was merged with the Public Information
Committee without Referendum. She said this year, the
City Council further changed the Committees by having the
previous City Attorney rewrite the Ordinances. She said
not all Ordinances were rewritten concerning Committees
and, under Ordinance 0-87-27, the Public Information
Committee was changed to the Public Information Board,
without Referendum.
Mrs. Reynolds said now, the City Council wanted to put
back the Alternates without Referendum. She said the
Charter could not be changed by Ordinance. She said if
the City needed any information regarding the Boards and
Committees, she had all of the Ordinances.
Mayor Hart Closed the Public Hearing with no further
responses.
* V/M Stein MOVED to APPROVE this Item, SECONDED by C/M Hoffman.
VOTE:
Community Development
ALL VOTED AYE
21. a. MOTION TO ACCEPT Affidavits of Publication,
mailing encZ Posting for Temp. Ord. #1372. Petition #3 2-Z-87.
b. PUBLIC HEARING - MOTION TO ADOPT Temp. Ord. #1372 on first
reading concerning a request by ASHURST DEVELOPMENT CO.,
ERNIE ASHURST, to rezone lands at the northwest corner of
NW 94 Avenue and NW 57 Street from B-6 (Business District)
to B-2 (Planned Business) . Petition #32-Z--87.
SYNOPSIS OF ACTION:
Public Hearing Held.
ACCEPTED a) and APPROVED b) on first reading.
* a. V/M Stein MOVED to APPROVE with all in Order, SECONDED by
* C/M Hoffman.
VOTE:
ALL VOTED AYE
b. City Attorney Doody read Temp. Ord. #1372 by title on first
reading.
Mike Von Hofen, Assistant City Planner, said this request
was for rezoning from the General Business District, B--6,
to B-2, Planned Business. He said the areas were being
changed slowly from B-6 to B-2 or B-3 Areas. He
recommended this Item be approved.
Mayor Hart Opened and Closed the Public Hearing with no
response.
* C/M Rohr MOVED to APPROVE this Item, SECONDED by C/M Hoffman.
VOTE :
ALL VOTED AYE
General Administrative
22. PUBLIC HEARING - MOTION TO ADOPT Tema. Ord. #1369 on second
reading Loin rease the one for parking illegally in a space
for handicapped parking from $50.00 to $250.00.
Page 13
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12/23/87
SYNOPSIS OF ACTION: ORDINANCE NO. 0-87-63 - PASSED
Public Hearing g Held.
APPROVED on second reading.
City Attorney Doody read Temp. Ord. #1369 by title on second
reading.
Mayor Hart Opened and Closed the Public Hearing with no
response.
* V/M Stein MOVED to APPROVE this Item, SECONDED by C/M Hoffman.
VOTE: ALL VOTED AYE
Personnel/Insurance
23. PUBLIC HEARING - MOTION TO ADOPT Tem .. Ord. #1336 (0-87-37)
on second reading to adopt a new employee pensionron plan.
SYNOPSIS OF ACTION: ORDINANCE NO. 0-87-37 - PASSED
Public Hearing Held.
APPROVED on second reading.
City Attorney Doody read Temp. Ord. #1336 by title on second
reading.
Mayor Hart Opened and Closed the Public Hearing with no
response.
* C/M Stelzer MOVED to APPROVE this Item, SECONDED by V/M Stein.
VOTE: ALL VOTED AYE
Community Development
24. MOTION TO ADOPT Temp. Ord. #1373 on first reading to amend
Chapter 14 of the Code to provide for a revised proration of
the annual Occupational License Tax for new businesses which
open in the second half of the fiscal year.
SYNOPSIS OF ACTION:
APPROVED on first reading.
City Attorney Doody read Temp. Ord. #1373 by title on first
reading.
Mike Von Hofen, Assistant City Planner, said currently
there were no abilities to prorate the fees and the
Amendment would permit the fees to be prorated for new
businesses coming into Tamarac. He said there were
several complaints regarding this matter. He said the
prorate would be for 5% per year. He said the City would
gain revenue in the amount of $11,000.00.
* C/M Hoffman MOVED to APPROVE, SECONDED by C/M Rohr.
VOTE:
ALL VOTED AYE
RESOLUTIONS
Community DeveloRment
11. MOTION TO ADOPT Temp. Reso. #4879 approving a waiver
from the provisions of Section 20-33 of the Code prohibiting
dead-end streets requested by THE LANDINGS ON CYPRESS GREENS
at Paradise Drive leading into Paradise Estates (tabled from
11/25/87) .
Page 14
12/23/87
SYNOPSIS OF ACTION: RESOLUTION NO. R-87-402 - PASSED
APPROVED.
City Attorney Doody read Temp. Reso. #4879 by title.
Idike Von Hofen, Assistant City Planner, said this
development had four areas that had dead-end streets and
a waiver was needed so the developer could continue with
the plan. He said approval of this item was recommended.
George Platt, Representative of the Developer, said after
working with Staff, the most feasible Site Plan was
created to continue the phasing of this development. He
said there was a non --vehicular access line that ran
---between the development boundary and Paradise Estates.
He said the residents of Paradise Estates requested there
be no through traffic. He said the development was
designed to conform with the rest of the subdivisions.
He said the waiver would allow the developer to create a
dead -wend street and, legally, the development was
required to do so because of the non --vehicular access
line law.
Lew Lautin, Owner and Developer, said when this property
was purchased a year ago, the property was abandoned. He
said he feels the development was one of the best in
Tamarac with the help of the Staff in Tamarac. He said
Phase II was a duplicated concept of Phase one. He said
the plan was approved by every level in the City of
Tamarac. Fie said there was a dead-end at the canal and a
dead-end at the golf course. He said a non -vehicular
line precludes the development from crossing into
Paradise Estates. He showed pictures of the property
before and after the take-over.
C/M Hoffman asked where the dead -ends would be placed and
Lew Lautin pointed out the dead-end streets and said the
dead-end street reflected the same concept as Phase I
which was approved by Council.
C/M Hoffman asked what would be on the other side of the
dead-end streets if the streets were not dead-end and Lew
Lautin replied, houses.
* V/M Stein MOVED to APPROVE this Item, SECONDED by C/M Hoffman.
City Manager Kelly suggested Staff be allowed to comment
on the Item.
Mayor Hart asked Bill Greenwood to comment on this item
because of a memo he had sent to Council.
Bill Greenwood, Director of Utilities/Engineering, said
the objections were pertaining to the Code. He said the
Code does not have provisions for this type of
development. He said dead-end streets were not favored.
and he felt this development may set a precedence trend
within the City with no cul-de-sacs for turning around
vehicles. He said it was traffic patterns and
automobiles that took away from the community. Fie said
dead-end streets generally handled over -flow parking and
visitor parking. He said the objections were stated in
writing; however, the main concern was precedence
setting. He recommended Council not take this Item as a
precedence set for other developments within the
Community.
Page 15
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12/23/87
TAPE 3
City Manager Kelly said he agrees with Mr. Greenwood's
objections to the proposal. He said the non --vehicular
access line law required this Item be approved. He said
the length of the streets were less than 100-feet and
hydrants were placed in locations that did not threaten
the public's safety. Ile said Mr. Lautin did restructure
the interior so lots were not facing immediately entering
the development. He said Mr. Lautin has,worked as best
as he can and recommended this Item be approved providing
it was not a precedence setting for future developments.
C/M Hoffman said because of the houses that set at the
end of the development, the would be a dead-end
regardless of what was done.
C/M Rohr said the plat for this development was peculiar
and the City may never see this type of platting again.
He said worrying about setting precedence was not needed.
C/M Stelzer said the record contains the objections from
Bill Greenwood and suggested Mr. Greenwood submit a memo
to Council regarding why the objections were not being
pressed and indicating why the development was not going
to be a precedent and why he objected.
Mayor Hart said when he first saw the development, he was
opposed to dead-end streets; however, when he realized
the circumstances regarding the homes on the other side
of the line, there seemed to be no other choice but to
place dead-end streets. He said it was up to the
Planning Department to see if a cul-de-sac could be
placed at the end of the street.
C/M Stelzer said the development had been planning to put
in cul-de-sacs and something was done to prevent that.
Mike Von Hofen said there would have been massive asphalt
placed in the area if a cul-de-sac was put in which would
have taken away the majority of the green space.
George Platt said the appropriate signs would be placed
indicating "No Through Streets". ..
VOTE:
ALL VOTED AYE
12. a. MOTION TO ADOPT Temp. Reso. #4830 approving a plat
for WOODI40NT GARDENS.
b. MOTION TO ADOPT Temp. Reso, #4831 approving a site plan
and related documents Tor WOODMONT GARDENS.
(to be located on the south side of Southgate Boulevard
approximately 770-feet east of NW 88 Avenue)
SYNOPSIS OF ACTION: RESOLUTION NO. R-87-403 - PASSED
APPROVED a). RESOLUTION NO. R-87-404 - PASSED
APPROVED b) Amending Section 9
by adding "c. Developer's Agreement",
and subject to the City Attorney's
approval of the final Developer's
Agreement. '
a. City Attorney Doody read Temp. Reso. #4880 by title.
Mike Von Hofen, Assistant City Planner, said this
development's current zoning was B-3 and the rezoning
would be to RM-5. He said this development would be an
Page 16
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1
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12/23/87
ra
I *
ACLF facility and would bed 180. He said Phase II would
entail, at'a future date, 120 beds. Fie recommended this
item be approved.
a. V/M Stein MOVED to APPROVE this Item, SECONDED by C/M Hoffman.
VOTE:
ALL VOTED AXE
b. City Attorney Doody read Temp. Reso. #4881 by title.
a. V/M Stein MOVED to APPROVE this Item, SECONDED by C/M Hoffman.
George Platt, Representative for the Developer, said
Staff has worked tiredly with the developer to achieve a
development that takes a lot of things in to account. He
said the development would be something the City could be
proud of. He said the residential zoning was pending and
they did not object to the zoning. He said an ACLF
development could be built on Commercial or Residential.
Les Beilinson, Architect, said approval was being sought
for the Master Plan and Phase I. Fie said Phase I,
contained 180 beds, ACLF, consisting of a central area
that housed the activity centers, such as dining, etc.
tie said surrounding the center on three sides would be a
landscaped court yard. He said the residential area
would be a two-story element that followed the basic
architecture at the Woodmont Country Club. He said the
streetscape was very attractive along Southgate
Boulevard. tie said the project was simple and would be a
first class ACLF. tie said the development would be an
attribute to the City of Tamarac and North Broward
County. He said everyone was very enthusiastic about
this project.
George Platt said meetings were held with the Woodmont
Country Club representatives and the Woodmont Property
Owners representatives to incorporate their suggestions,
such as the berming and the wall, the landscaping
separating the golf course from the facility, the berming
along Southgate Boulevard, setbacks, entranceways, etc.
C/M Stelzer asked what was revised on the Resolution
before the meeting.
City Attorney Doody said the Developer's Agreement was
revised. He said Paragraph six was added which read as
follows: "The City agrees that if Phase II is developed
consistent to the approved Master Plan as shown on
Exhibit B, no additional Site Plan Review Approval shall
be required; however, Water and Sewer Development fee for
Phase II shall be reviewed and determined by City Staff
and approved by City Council prior to the issuance of
building permits." He said the Developar's Agreement was
not executed and he told the Applicant that he would ask
Council to approve this Item providing his Office review
and approve the signatures of the Agreement. He said he
did not want to remove the Item because there was nothing
inconsistent with what was submitted within the past
week; therefore, he wanted to have a covenant placed in
the Motion stating if a problem should arise, the
Developer's Agreement would be brought before Council.
V/M Stein AMENDED his Motion, SECONDED by C/M Hoffman.
Page 17
r
12/23/37
City Attorney Doody said Carol E. Barbuto, City Clerk,
pointed out that Section 9 of the Resolution did not
include the Developer's Agreement. He said Section 9
should have an .Item C. Developer's Agreement. ,ie said he
would Amend the Resolution to include that.
Mayor dart said the Motion was to Approve Temp. Reso. #4881,
as Amended to include the words "Developer's Agreement"
and "Subject to the City Attorney's approval of the final
Developer's Agreement".
VOTE: ALL VOTED AYE
CONSIDERATIONS
Engineering/Utilities Department
8. MOTION TO APPROVE the transfer of $175,000.00 from
Unexpended Funds Account #310-872-999 to Project 88-44,
NW 76 Street Drainage Improvements. (E84)
SYNOPSIS OF ACTION:
MOTION to REMOVE'F because of the
inconsistency of account and project
numbers, MOTION FAILED in lack of
a Second. Charter Board was asked
to investigate this matter. (See Page 1)
APPROVED.
* V/M Stein MOVED to APPROVE the Transfer of $175,000.00 from
* Account #310-872--999 to Project 88-07 and Account #310--610--539
* 6TD, SECONDED by C/M Hoffman.
City Attorney Doody said the Agenda Item indicated
project # 88-44.
V/M Stein asked City Attorney Doody to read the Agenda
Item into the record.
City Attorney read the Agenda Item as follows. "Motion to
Approve the Transfer of $175,000.00 from Unexpended Funds
Account #31.0-872-999 to Project 88-44, NW 76 Street
Drainage Improvements. (E84)"
* V/M Stein AMENDED his MOTION to read as City Attorney read,
* C/M Hoffman AMENDED his SECOND.
C/M Stelzer said he already voiced his disapproval of
this Item and he would be writing to the Charter Board.
Mayor Hart asked City Attorney Doody if the funds being
approved would be only for NW 76 Street Drainage
Improvement and City Attorney Doody and City Manager
Kelly replied, yes.
VOTE: C/Pd Hoffman - Aye
V/M Stein - Aye
C/M Rohr - Aye
C/M Stelzer said he approves the drainage project;
however, he did not approve the way it was handled. He
then VOTED AYE.
Mayor Hart -- Aye
Page 13
1
12/23/87
9. a. MOTION TO ACCEPT the construction work completed by
Double E Constructors, Inc., for TUW Project 85-20, Water
Treatment Plant Improvements Phase III.
b. MOTION TO ACCEPT the final release of liens as
pr avo ded by Double E Constructors, Inc., for TUW Project
85-20.
c. MOTION TO AUTHORIZE final payment in the amount of
$74,354.00 to Double E Constructors, Inc., for TUW Project
85-20* P.O. 40814 through 40818.
d. MOTION TO AUTHORIZE final payment in the amount of
$1,24G.12 to A ache & Associates for architectural services
for TUW Project 85-20. P.O. 40312.
SYNOPSIS OF ACTION:
APPROVED a, b, c and d.
I *
Bill Greenwood, Director of Utilities/Engineering, said
this request was for the close out of the Water Treatment
Plant Project. He said these Items would be the final
approvals and the Dedication would be on Tuesday,
December 29, 1987, at 11:00 A.M.
a. V/M Stein MOVED to APPROVE this Item, SECONDED by C/M Rohr.
VOTE:
ALL VOTED AYE
b. V/M Stein MOVED to APPROVE this Item, SECONDED by C/M Hoffman.
VOTE:
ALL VOTED AYE
c. V/M Stein MOVED to APPROVE this Item, SECONDED by C/M Rohr.
VOTE:
ALL VOTED AYE
d. V/M Stein 14OVED to APPROVE this Item, SECONDED by C/14 Hoffman.
VOTE:
RESOLUTIONS
City Council
ALL VOTED AYE
10. MOTION TO ADOPT Temp. Reso. #4378 appointing two (2)
alternate members to the PUBLIC INFORMATION BOARD.
SYNOPSIS OF ACTIO14: RESOLUTION NO. R-87-401 - PASSED
APPROVED the appointment of Esther
Garfinkle and Maury Kramer as Alternate
members.
City Attorney Doody read Temp. Reso. #4878 by title.
C/M Hoffman asked who would be appointed and where the
applications were.
Mayor Hart said Esther Garfinkle and Maury Kramer were
serving as Aides to the Committee and the Alternate
members being selected had been on the PIC prior to this
appointment.
V/14 Stein said if there were no applications made, there
should be.
Page 19
�.X
12/23/87
Carol E. Barbuto, City Clerk, said there were
applications on file for these people.
* V/M Stein MOVED to APPROVE this item, SECONDED by C/M Hoffman.
VOTE: ALL VOTED AYE
General Administrative
13. 140TION TO ADOPT Temp. Reso. #4855 approving a contract
with Mitchell Ceasar in the amount of $15,000.00 for profes-
sional services (tabled on 12/g/87).
SYNOPSIS OF ACTION: RESOLUTION NO. R-87-405 -- PASSED
APPROVED.
City Attorney Doody read Temp. Reso. #4855 by title.
V/M Stein asked if Mr. Ceasar signed the required
documents and City Manager Kelly replied, yes.
* V/M Stein MOVED to APPROVE this Item, SECONDED by C/M Hoffman.
VOTE: ALL VOTED AYE
15. MOTION TO ADOPT Temp Reso. #4872 approving an
agreement with Thomas W. Ruff and Company of Florida to
supply and install office furniture for the TAMARAC
MUNICIPAL COMPLEX/CITY MALL in the amount of $251,987.26.
(tabled on 12/9/87).
SYNOPSIS OF ACTIO14: RESOLUTION NO. R--87-406 -- PASSED
APPROVED.
City Attorney Doody read Temp Reso. #4872 by title.
V/M Stein asked if the documents were complete and City
Manager
Kelly replied, yes.
* V/M Stein MOVED to APPROVE this Item, SECONDED by C/14 Hoffman.
Mayor Hart asked if the money would come from the Bond
Issue and City Manager Kelly replied, yes.
VOTE: ALL VOTED AYE
Public Works Department
e
16. MOTION TO ADOPT T_ mp_ Reso. #4887 awarding Bid #88-8
to Ralph Osborn, Inc., in the amount of $13,638.00 to upgrade
the TA14ARAC PARK. concession restroom fixtures; and to AUTHORIZE
the appropriate budget transfer.
SYNOPSIS OF ACTION: RESOLUTION NO. R-87--407 - PASSED
APPROVED.
City Attorney Doody read Temp. Reso. #4887 by title.-
* C/M Hoffman MOVED to APPROVE this Item, SECONDED by V/M Stein.
C/M Rohr asked what the improvements were.
Mike COUZZo, Director Public Works, said these
improvements would upgrade the existing restrooms and
install institutional -type stainless restroom fixtures to
eliminate the recurring damages from vandalism. He said
access ability would also be provided for the
handicapped.
Page 20
12/23/87
C/M Hoffman said he visited the present restroom and it
was disgraceful.
C/M Stelzer said Council was Authorizing the appropriate
budget transfer at the same time as awarding the bid. He
said this procedure was unusual. He said this
information was directed to Stan Bernard, Charter Board
member.
VOTE: ALL VOTED AYE
Utilities/Engineering
17. a_ MOTION TO APPROVE final payment in the amount of
$157,368.34 to Reactor Controls, Inc., for construction
of the 201 Pump Station and Force Main, TUW Project 86-5,
and ACCEPTANCE of the release of liens as provided by
Reactor Controls, Inc., P.O. 40810, 40841, 40842 and 41375.
b. MOTION TO ADOPT Temp. Reso. #4382 assigning a 201
Force Main Easement to Broward County for Project 86-5.
c. MOTION TO ADOPT Temp. Reso. #4883 authorizing the
appropra�at C ty officiaals to execute a Bill of Sale
Absolute transferring ownership and maintenance
responsibilities for the 201 Pump Station and Force Main
from Utilities West to Broward County, TUW Project 86-5.
d. MOTION TO ADOPT Temp. Reso. #4884 authorizing the
appropriate City o f cia�to execute a Final Release of
Lien to Broward County certifying there are no liens out-
standing on the 201 Pump Station and Force Main, TUW
Project 86-5.
e. MOTION TO ADOPT TempReso. #4885 authorizing the
appropriate City officials to execute an Affidavit to
Broward County certifying that there are no outstanding
invoices on the 201 Pump Station and Force Main, TUW
Project 86-5.
f. MOTION TO ADOPT Temp. Reso. #4886 authorizing the
appropriate City officials to execute a Certificate of
Warranty to Broward County to provide the required one-
year warranty for the 201 Pump Station, TUW Project 86-5.
SYNOPSIS OF ACTION: RESOLUTION NO. R--87-403 - PASSED
APPROVED a, b, c, d and f. RESOLUTION NO. R-87-409 - PASSED
E was TABLED until. investigation. RESOLUTION NO. R-87-410 - PASSED
was done regarding a possible RESOLUTION NO. R-87-411 - PASSED
outstanding invoice in the
amount of $1,500.00.
Bill Greenwood, Director of Utilities/Engineering, said
the above Items referred to the completion of the 201
Force Main Project and approval of the Items was
necessary to turn the Project over to Broward County for
ownership, operation and maintenance. He said the
Project was implemented by the City Council in the
beginning of 1986 and was one of the fastest tracted
projects regarding cost, construction and design.
He said the facility was in operation since September 16,
1937 and the City of Tamarac was completely out of the
Sludge/Sewer Plant business and Sludge/Treatment and
Disposal business. He said the existing Sewage Treatment
Plant was being demolished.
Page 21
12/23/87
Mr. Greenwood said the initial estimated construction
cost for the 201 Project was 5.3 million and the total
project came in almost a million dollars less than the
original estimate of $4,253,640.56. He said the Change
Order on the Pump Station alone was in total $14,900.00.
fie said the new system was working efficiently since
September 16, 1987 and was expected to continue to do so.
Mayor Hart thanked Mr. Greenwood for the excellent job in
finalizing the old system and implementing the new
system.
* a. V/M Stein MOVED to APPROVE this Item, SECONDED by C/M Rohr.
VOTE: ALL VOTED AYE
b. City Attorney Doody read Temp. Reso. #4882 by title.
* V/M Stein MOVED to APPROVE this Item, SECONDED by C/M Rohr.
VOTE: ALL VOTED AYE
C. City Attorney Doody read Temp. Reso. #4883 by title.
* V/M Stein 14OVED to APPROVE this Item, SECONDED by C/M Hoffman.
*
*
*
C/M Stelzer said the Bill of Sale Absolute was for the
building and the contents only. He said the City was not
deeding any of the Property to the County.
VOTE: ALL VOTED AYE
d. City Attorney Doody read Temp. Reso. #4384 by title.
V/:4 Stein MOVED to APPROVE this Item, SECONDED by C/M Hoffman.
C/M Stelzer asked if there had been a search at Broward
County to confirm there were no liens on the property.
Bill Greenwood said by the Laws in the State of Florida,
any subcontractors, vendors, mechanics, etc,. were to
notify and place a notice to the owner of any contractual
relationships, which were kept on file in the City. He
said a release was required by subcontractors, vendors,
mechanics, etc.
VOTE:
ALL VOTED AYE
e. City Attorney Doody read Temp. Reso. #4385 by title.
C/M Hoffman MOVED to APPROVE, SECONDED by V/M Stein.
CIM Stelzer said there may be a $1,500.00 bill on this
project, he asked the City Manager to find out why he,.
had not yet received an,'' answer.
Bill Greenwood said he had no knowledge of the
outstanding bill; however, he would look into the matter.
C/,1 Stelzer said the $1,500.00 was from a $13,500.00
Purchase Order.
City Attorney Doody said this Item should be Tabled for
further investigation and the Item would be brought back to
Council with the information.
C/M Stelzer MOVED to TABLE Item e, SECONDED by C/M Hoffman.
Page 22
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1
1
1
12/23/87
1
VOTE: ALL VOTED AYE
f. City Attorney Doody read Temp Reso. #4886 by title.
* V/M Stein MOVED to APPROVE this Item, SECONDED by C/M Hoffman.
VOTE: ALL VOTED AYE
Mayor Hart ADJOURNED this meetirg�,-,at- 11:30 A.M. /,
, 4-4. � ..... -
CA OL E. BARBUTO, CITY CLERK - =
"This public document was promulgated at a cost of $163.30 or $4.63 per
copy to inform the general public, public officers and employees of
recent opinions and considerations of the City Council of the City of
Tamarac."
4,1�fY OF TAMARAC/o
APPROVED AT MEETING OF 3�--
Page 23