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HomeMy WebLinkAbout1984-12-27 - City Commission Regular Meeting Minutes� MBA u n, OR% P.O. BOX 25010 TAMARAC, FLORIDA 33320 FIRST CLASS MAIL CITY OF TAMARAC CITY COUNCIL REGULAR COUNCIL MEETING THURSDAY. DECEMBER 27, 1984 CALL TO ORDER: 9:30 A.M. ANNOUNCEMENTS OF TIME ALLOCATIONS - MOTIONS TO TABLE - The Chair at this time will announce those items which have been given a specific time to be heard, and will entertain motions from Council members to table those items which require research. Council may agendize by majority consent matters of an urgent nature which have come to Council's attention after publication. PRESENTATIONS AND AWARDS 1. Employee Service Awards - Presentation by City Manager Johnso 1 27 8 pg 2 of five-year pins to Stephen A. Wood, Finance Director, and 5 yr pins pre - Richard Ruhl, Utilities West Department. sented 2. Blood Donors Month - Presentation by Mayor Kravitz of a pro- 12/27/84 pg 2 clamation designating the month of January, 1985, as Proclamation "National Volunteer Blood Donor Month". presented 3. Presentation by Mayor David Kaminsky, City of Lauderhill, regarding NW -6-4 Ave. (this item is scheduled tb -be- heard at approximately 10:00 A.M.) 4. Presentation by Mayor A."Becky" Gerren, City of Parkland (this item is scheduled to be heard at approximately 10:15 A.M.) 5. Sister City Project - Presentation by various travel agents regarding package tour arrangements for the Sister City tour. Discussion and possible action. COMMITTEES 6. Burglar Alarm Review Committee - Announcement of one vacancy on this committee. If anyone is interested in serving on the above committee, please contact the City Clerk's office for an application. CONSENT AGENDA 12/27/84 pg 4,5 TABLED until engineering studv COMDleted 12/27/84 pg 5 Temp.Reso #3455 agendized by consent & APPRON 1 pg 6,7 Travel agent selected 12/27/84 pg 10, Vacancy announced 7. Items listed under Item #7, Consent Agenda, are viewed to be 12/27/84 pg 10, routine and the recommendation will be enacted by one motion pg 11,12 in the form listed below. If discussion is desired, then the item(s) will be removed from the Consent Agenda and will be a) through j) considered separately. and 1) APPROVED k) REMOVED for a) Alan F. Ruf - Consulting City Attorney - 12/19/84 - discussion and $2,655.00 - Approval recommended by City Attorney. then APPROVED b) -Williams , Hatfield & Stoner, Inc. - Consulting Engineer - Project 2080-0, Statement 2 - 9/19/84 - $434.00 - Approval recommended by City Manager and City Attorney. I.A PAGE TWO c) Williams, Hatfield & Stoner, Inc. - Consulting Engineer - Project 2080-0, Statement 4 - 11/5/84 - $86.50 - Approval recommended by City Manager. d) Muller, Mintz, Kornreich, Caldwell, Casey, Crosland &: Bramnick, P.A. - Labor Counsel - 12/6/84 - $78.00 - Approval recommended by City Attorney. e) Shailer, Purdy & Jolly - Counsel for contraband forfeitures - Services for November, 1984 - $309.24 - Approval recommended by City Attorney. f) Billing, Cochran & Heath, P.A. - Counsel for Saito vs. City of Tamarac - 12/14/84 - $146.25 - Approval recommended by City Attorney. g) Authorization to waive bidding procedures and procure certai communications equipment for the Police Department from Mobile Communications in the amount of $2,500.00, with funds to come from Account 001-218-521-644, in order to retain a frequency assigned by the Federal Communications Commission in January, 1984. h) Authorization for the City Manager to sign a permit applica- tion with the State Department of Transportation for certain beautification improvements to Florida Turnpike Exit 20. i) Authorization to Purchasing Agent to dispose of surplus equipment that was offered for sale, but not sold, at the City auction on December 15, 1984. j) Authorization to procure, under State Contract, a Ford Sedan and a Ford Pick-up Truck for Public Works in the amount of $14,468.01 using Federal Revenue Sharing Funds allocated in the 1984/85 Federal Revenue Sharing Budget. k) Authorization to those City Council members desiring to participate to attend the Florida League of Cities Prelegis- lative Meeting in Tallahassee in February, 1985. 1) City of Tamarac Vacation of Right -of -Way for a portion of NW 67 Street - Petition #2-V-84 - Approval to extend the tabling action to a future Council meeting. GENERAL ADMINTSTRATIVE/FINANCIAL 8. Bid Award - Public Works Department - Discussion and possible 2/27/84 pg 12 action on: ) APPROVED a) Awarding of a bid for aquatic plant control - Temp_. Reso. ) APPROVED #3439 b) Awarding of a bid for landscaping at the Florida Turnpike Exit 20 - Temp. Reso. #3440 2/27/84 pg 12 9. Tamarac Police Department - Discussion and possible action on recommendations by the City Manager regarding police services contract with Broward Sheriff's office (tabled from 11/14/84). g 13. City gr. was direct a4 to discon- iin.ue nego,tiat: 10. Mitchell Ceasar - Discussion and possible action on an agree- ment regarding fees for Mr. Ceasar's continuing work on the University Drive Widening project (this item is scheduled to be heard approximately 9:45 A.M.) "rith BSO L2727 4 pg 2, 3,4.Contract Lo be prepared City Atty. 2/27/84 pg 13 11. Broward League of Cities Business - Discussion and possible action. o further infc M PAGE THREE UTILITIES WEST Pg 9 APPROVED 12. Ladder Safety Devices - Temp. Reso. #3454 - Discussion and_quote possible action to procure these devices. 12/27/84 pgl9. 13. Bid Award - Temp. Reso. #3441 - Discussion and possible APPROVED action to award a bid for back flow devices. 4. Utility Rate Analysis - James M. Montgomery Consulting 12/27/84 pg 7 Engineers - Discussion and possible action on: pg 8.a)ACCEPT] a) Acceptance of Phase I Report b) & c) b) Approval of payment for Phase I Report APPROVED c) Authorization for the appropriate City officials to begin negotiations for Phase II and Phase III 12/27/84 pg20 15. Sludge Dewatering and Composting - Discussion and possible pg 21'City, action to award a contract for engineering services. Mgr.authorize to enter,into 16. Treatment Plant - Discussion and possible action to Contract. _Sewage authorize an engineering feasibility study on relocation of 12/27/84 pg 15 the Sewage Treatment Plant. 16. APPROV] 17. Operations Building - Discussion and possible action on a 12/27/84 pg21 temporary facility. City Mgr, auth rized to go LEGAL AFFAIRS o bid 18. Waste Mana ement, Inc. - Tem Reso. #3443 - Discussion and 12/27/84 pg2l, � possible action to approve an Addendum to the contract for 22 . pg pg 22. residential and condominium solid waste collection and ED disposal. 19. Council Salaries - Temp. Ord. #1153 - Discussion and 2/27/84 pg 22 _City possible action on a proposed amendment to Charter Section "PROVED -first 4.04 regarding Council salaries. First Reading (tabled from eadin 12/12/84) 20. City Council Expenses - Temp. Ord. #1154 - Discussion and 2/27/84 pg 22, possible action on a proposed amendment to Charter Section pg 23. REMOVED 4.04 establishing guidelines for Council expenses by ord- rom agenda inance. First Reading. (tabled from 12/12/84) 21. Lease Purchase Agreements - Temp_ Ord. #1164 - Discussion 2/27/84 pg 24 and possible action on a -proposed amendment to Charter "PROVED -first Section 7.13 to exclude these agreements from requiring eading.Second reading on voter approval. First Reading. (tabled from 12/12/84) /16/85 22. Redistricting - Temp. Ord. #1165 - Discussion and possible 7 pg 24 - _ -_ action to amend Section 2.10 of the Code to remove the pg 25.APPROVEDfirst requirement that the report by the Redistricting Committee reading. Second reading re5 re be adopted by the City Council by ordinance. First Reading. n 23. Burglar Alarms - Temp. Ord. #1166 - Discussion and possible 12/27/84 pg13, action to regulate burglar alarm users and burglar alarm 14,15JABLED devices under Chapter 14 of the Code. First Reading. 24. FP&L Phoenix Substation - Discussion and possible action on•12/27/84 on: 12/27/84pg 1, a) Authorization for the appropriate City officials to Agend- accept an assignment of Deed Restrictions on this pro- ized by Cons'en perty from Leadership Housing, Inc. - Temp. Reso. #3329 TABLED for b) Authorization for the appropriate City officials to further review execute a Release of Deed Restrictions placed on this property by Leadership Housing, Inc. - Temp. Reso. #3330 (tabled from 10/10/84) 25. Fire Services - Temp._Reso. #3442 - Discussion and possible 12/27/84 pg25 action objecting to any plans of Broward County to take APPROVED over municipal fire services. PAGE FOUR 26. Oasis Lounge at 3 Lakes_ Plaza - Discussion and possible action on a request to provide for the extension of the hours of operation beyond 2:00 A.M. COMMUNITY DEVELOPMENT 27. Kings Point Recreation Complex - Discussion and possible action on: a) Revised site plan for a pedestrian walkway, sod in lieu", of asphalt between tennis courts and a flagpole - Temp. Reso. #3424 IN TABLED 12/27/84 pg 17 a) APPROVED with condition; b)APPROVED b) Landscape Plan (tabled from 12/12/84) 28. Ashmont Revised Site Plan Temp. Reso. #3451 - Discussion 12/27/84 pg 17 and possible action on a revised site plan to reflect as- APPROVED built setbacks and a fence around the lift station. 29. University Texaco - Revised Site Plan - Temp. Reso. #3452 - 12/27/84 pg 17, Discussion and possible action on a revised site plan for a pg 18,19. catch basin and a trench drain. TABLED for agreement 30. Tom Norris Restaurant - Revised Site Plan - Temp. Reso. 12/27/84 pg 19 #3453 - Discussion and possible action on a revised site pg 311., TABLED plan to reflect addition of a water heater room. then reconsid- ered and APP- 31. Tract 44 (northwest corner of McNab Road and NW 88 Avenue) - ROVED with Discussion and possible action on: condition a) Presentation by applicant of proposed new development at 7 pg 73, this location. pg 24. a) b) Waiver of the platting requirements of Chapter 20 of the Council deemed Code for an administrative trailer and sign for temporary new devel. un- use -- Temp. Reso. #3444. necessary. b) -APPROVED with 32. Woodmont Tract 59 - Warranty Bond - Temp. Reso. #3445 - Dis-conditions cussion and possible action regarding disposition of a 12/27784 pg 25 warranty bond posted for public improvements. APPROVED call- ing if repairs 33. Woodmont Tract 48 (Waterford at Woodmont) - Discussion and not completed possible action on: or bond extends 1777 Pg a) Waiver of the provisions of the sign ordinance governing APPROVED for signs on property other than the applicant's - TemL. a) Reso. #3450 1 yr. APPROVED b) Renewal of a model sales permit and waiver of the 300- b) to expire foot distance requirement for certificates of occupancy. 7/25/85 34. University Community Hospital - Discussion and possible 12/27/84 pg 25 action on: pg 26.APPROVED a) Release of a performance bond posted for completion of on -site work - Temp. Reso. #3446 b) Release of a performance bond posted for completion of on -site beautification - Temp. Reso. #3447. 35. Colony West Country_Club - Performance Bond - Temp. Reso. 12/27/84 pg 26 #3448 - Discussion and possible action to call a perform- APPROVED calliz ance bond posted for public improvements. if bond not received 36. Swanson West - Performance Bond - Tem Reso. #3449 - Dis- 12/27/84 pg 26 cussion and possible action to call a performance bond APPROVED callii posted for public improvements. I if not extende( REPORTS 37. City Council 12/27/84 27 38. City Manager 12/27/84 27 39. City Attorney 12/27/84 27 J V .__:1 W PUBLIC HEARINGS - 5:05 P.M. PAGE FIVE 40. Zoning Re ulations - Temp. Ord. #1142 - Discussion and pos- sible action to amend Chapter 28 of the Code to provide for municipal governmental uses in addition to institutional and educational uses in an I--1 district. Second Reading. 41. City of Tamarac - Rezoning Petition #30-Z-84 - Temp. Ord. #1161 - Discussion and possible action to rezone the City - owned lands on the west side of NW 88 Avenue at NW 75 Street (also known as Tract 38-A) from S-1 (Open Space/Recreational) to T-1 (Institutional/Educational). Second Reading. a) Acceptance of Affidavit of Publication and Affidavit of Posting. b) Consideration of application. 12/27/84 pg 28 APPROVED - second reading 12/27/84 pg 28 APPROVED - second reading a) ACCEPTED. 42. Administrative Reduction to Setbacks - Temp. Ord. #1125 - 12/27/84 pg 29 Discussion and possible action to create Code Section pg 30. APPROVE 28-194.1 to permit administrative reductions to setbacks, second reading establish procedures for application, processing of rulings as amended and appeals. Second Reading. City Council may consider such other business as may come before it. Pursuant to Section 286.0105, Florida Statutes, if a person decides to appeal any decision made by the City Council with respect to any matter considered at such meeting or hearing, he may need to ensure that a verbatim record of the proceedings is made which record includes the testimony and evidence upon which the appeal is based. CITY OF TAMARAC J_ Carol E. Barbuto Assistant City Clerk Following are the residential and commercial zoning districts in the City: R-1 - Single Family Residence B-2 - Planned Community Business B-3 - General Business R-lB & R-lC - One -Family Dwelling B-5 - Limited Business District R-2 - Two -Family Dwelling B-6 - S-1 - Business District Open Space/Recreational RD-7 - Two -Family Dwelling I-1 - Institutional R-3U R-3 -Raw House - Low Density Multiple Dwelling M-1 - Light Industrial Industrial RM-5 - Residential Multi -Family M-2 A-1 - Medium - Limited Agricultural RM-10 Dwelling - Planned Apartment A-5 T-1 - Agricultural/Excavation - Trailer Park District R-4A - Planned Apartment R-5 - Motel/Hotel B-1 - Neighborhood Business GENERAL ADMINISTRATIVE/FINANCIAL 43. Ratification or FOP Contract - Discussion and possible action. Agendized by Consent) 44 PAGE SIX Temp. Ord. #1167 - Discussion and possible action on a pro- posed Charter amendment from the Charter Board proposing the creation of Section 5.06 of the City Charter prohibiting elected and appointed officials of the City from interfering with the activities of the City Administration. First Readin (Agendized by consent) 1G/L//Z51+ pg 1, pg 26. PROVED to xpa.re 9/30/86 z//_//Z54 pg z, g 27.DENIED irst reading CITY OF TAMARAC, FLORIDA REGULAR CITY COUNCIL MEETING DECEMBER 27, 1984 Tape CALL TO ORDER: Mayor Philip B. Kravitz called the meeting to 1 order on Thursday, December 27, 1984, at 9:30 A.M., in the Council Chambers. ROLL CALL: PRESENT: Mayor Philip B. Kravitz Vice Mayor Sydney M. Stein C/M Jack Stelzer C/M Raymond J. Munitz C/M Allan C. Bernstein ALSO PRESENT: City Manager Elly Johnson City Attorney Jon Henning Asst. City Clerk Carol Barbuto Secretary Joann Colwell. MEDITATION AND PLEDGE OF ALLEGIANCE: Mayor Kravitz called for a Moment of Silent Meditation followed by the Pledge of Allegiance. GENERAL ADMINISTRATIVE/FINANCIAL 43. Ratification of FOP Contract - Discussion and possible action. SYNOPSIS OF ACTION: Agendized by Consent (see page.26) City Manager Johnson requested that ratification of FOP Contract be agendized by consent. C/M Stelzer so MOVED and C/M Bernstein SECONDED. VOTE: LEGAL AFFAIRS ALL VOTED AYE 24. FP&L Phoenix Substation - Discussion and possible action on: a Authorization for the appropriate City officials to accept an assignment of Deed Restrictions on this property from Leadership Housing, Inc. - Tema. Reso. #3329 b) Authorization for the appropriate City officials to execute a Release of Deed Restrictions placed on this property by Leadership Housing, Inc. - Temp. Reso. #3330 c) Request for bonding waiver SYNOPSIS OF ACTION: Agendized by Consent (see page8) C/M Stelzer MOVED to agendize by consent waiver of bonding of Florida Power & Light construction to be added as Item 24c and C/M Munitz SECONDED. VOTE: ALL VOTED AYE 26. Oasis Lounge at 3 Lakes Plaza - Discussion and possible action on a request -._to„ provide for the extension of the hours of operation beyond 2 P.M. SYNOPSIS OF ACTION: TABLED at the request of applicant C/M Stelzer MOVED to TABLE this item at the request of the applicant. C/M Bernstein SECONDED. VOTE: ALL VOTED AYE -1- 12/27/84 /jc 44. Temp. Ord. #1167 - Discussion and possible action on a pro- posed Charter amendment from the Charter Board proposing the creation of Section 5.06 of the City Charter prohibiting elected and appointed officials of the City from interfering with the activities of the City Administration. First Reading. SYNOPSIS OF ACTION: Agendized by Consent (see page 27) C/M Stelzer MOVED to agendize this item by consent. C/M Bernstein SECONDED. VOTE: C/M Bernstein AYE C/M Munitz NAY C/M Stelzer AYE Vice Mayor Stein NAY Mayor Kravitz AYE PRESENTATIONS AND AWARDS 1. EmEloyee Service Awards - Presentation by City Manager Johnson of Five Year Pins to Stephen A. Wood, Finance Director and Richard Ruhl, Utilities West Department. SYNOPSIS OF ACTION: Five Year Pins Presented. City Manager Johnson presented the Five Year Pins to Stephen A. Wood, Finance Director and Richard Ruhl, Utilities West Department, and offered congratulations for their services to the City of Tamarac. 2. Blood Donors Month - Presentation by Mayor Kravitz of a pro- clamation designating the month of January 1985 as "National Volunteer Blood Donor Month". SYNOPSIS OF ACTION: Proclamation presented. Mayor Kravitz presented a Proclamation designating January 1985 as "National Volunteer Blood Donor Month" to a representative of the Broward Community Blood Center. GENERAL ADMINISTRATIVE/FINANCIAL C/M Munitz referred to a memo dated 12/26/84 from John Letter, Fiscal Assistant, concerning developers agreements and he noted there are several items which state "No Existing Agreements". He questioned City Attorney as to whether or not these items can be considered without an existing agreement and Mr. Henning said they can. 10. Mitchell Ceasar - Discussion and possible action on an agree- ment regarding fees for Mr. Ceasar's continuing work on the University Drive Widening Project. SYNOPSIS OF ACTION: City Attorney and Mr. Ceasar to prepare contract to include terms agreed upon. Mitch. Ceasar reported: -University Drive was scheduled for expansion by the County in the year 2000. -In the past, he applied on behalf of the city, to DOT for bike - path funds competing with many other cities in a 10 County region and Tamarac was the only one to receive $100,000. - Tamarac decided not to proceed with the bikepaths and he consulted with DOT concerning transferring this money towards the widening of University Drive. -Some of the money had been spent, leaving $80,000 which was transferred to the University Drive Project. - He met with County staff and they agreed that money taken from Tamarac developers would be spent in Tamarac, an amount of $80,000. -This total. of $160,000 was not matched in any way by money from Tamarac -Last month, he announced the remaining $100,000 in additional guarantee monies from the County had been promised. -There are an additional 15 steps remaining which govern the 2 3/4 million dollars necessary for the physical construction of University Drive. Mr. Ceasar gave a brief history of his association with the City of Tamarac. He said he felt he played an important part for the funding of the monies for the expansion of University Drive; and that through his expertise and contacts, he is in a very good position to pursue to its full extent the ability to get the remainder of the funding for this project for the City of Tamarac. Mayor Kravitz said that in Mr. Ceasar's report the City of Tamarac received a quarter of a million dollars toward the first step in getting University Drive widened. Mayor Kravitz asked for clarification regarding Mr. Ceasar's new contract. Mr. Ceasar said his previous contract had been for $15,000 per year; however, the agreement which he submitted to the City Manager, in writing, states that he is to be paid a retainer of $10,000 and, in addition, he will not bill any hourly fee for the entire first year. He said because he assumes the project may take approximately two years, the second year there will be no retainer and he will be paid strictly on an hourly basis at the rate of $75 per hour. Mr. Ceasar said that a non-refundable retainer of $10,000 is to be paid in a lump sum of $5,000 at the time of the contractual agreement. The remainder to be paid in monthly installments over the period of six months. Due to the retainer, no hours will be billed to Tamarac regardless of time expended for one calendar year. After that date, all time spent will be billed at the rate of $75 per hour with monthly submissions, which is exactly one-half of his hourly rate. Mr. Ceasar said that the second year should not approach $5,000 for the year. Vice Mayor Stein asked Mr. Ceasar to add to his contract that the second year will not exceed $5,000. Mr. Ceasar said that he would have no problem setting up a cap of $5,000 for the second year. Mayor Kravitz asked whether the City of Tamarac could have achieved this amount of money by themselves. Vice Mayor Stein stated that as Liaison for the grants, he felt that the City of Tamarac could "muddle" their way through this project, but acknowledged that Mr. Ceasar knows how to do it expeditiously. Vice Mayor Stein said he recommended that the City employ Mr. Ceasar for this project. C/M Munitz asked City Manager Johnson whether he could achieve these monies and asked for his input. City Manager Johnson stated that this money is not a grant, but the hiring of a lobbyist to seek money for this project. He said if Council want he and his staff to seek out this money they will do so. C/M Stelzer MOVED that the City Attorney and Mr. Ceasar get together and draft an agreement between the City and Mr. Ceasar including the items shown in his letter of 12/5/84, and the addition of a cap of $5,000 for the second year. C/M Bernstein SECONDED the MOTION. C/M Munitz said he would rather have an actual agreement before Council acts on this. -3-- 12/27/84 i r. Vickie Beech, resident, prevailed upon the Council to investi- gate this contract further. Walter Rekuc, resident, stated that he felt the monies could be obtained by the City Manager. Vice Mayor Stein asked Mr. Rubin, City Planner, to discuss with Council whether Mr. Ceasar could expedite this project or not. Mr. Rubin, City Planner, told Council that he had been instructed to work with Mr. Ceasar to obtain funds for the widening of University Drive. Mr. Rubin stated that the City needs the best help it can get to obtain the funds and that Mr. Ceasar has the greatest potential to assist the City now. Mayor Kravitz said he is uncomfortable with approving something without the agreement already drawn up. Mr. Henning read into the record paragraphs one and two of the letter of Mr. Ceasar. Paragraph one: "A nonrefundable retainer of $1.0,000 to be paid in a lump sum of $5,000 at the time of the contractual agreement. The remainder to be paid in monthly installments over a period of six months." Paragraph two reads: "Due to the retainer, no hours will be billed to Tamarac regard- less of the time expenditure for one calendar year. After that date, all time spent will be billed at the rate of $75 with Tape monthly submissions." City Attorney Henning said that it will 2 now be: "at the rate of $75.00 an hour up to $5,000 for year two." Mr. Rekuc, resident, asked if there were any stipulations concern- ing expenses and Mr. Henning read Paragraph 3, "All expenses incurred shall be reimburseable upon receipt of original bill." C/M Munitz asked to have paragraph 5 read and Mr. Henning read: "I will be responsible for monthly written reports, in addition, an oral presentation will be made to the Council on a quarterly basis. My responsibility will extend to the funding of said project." C/M Munitz said he would suggest tabling this until the agreement is ready and agreed to by both parties. VOTE: C/M BE!rnstein AYE C/M Munitz NAY C/M Stelzer AYE Vice Mayor Stein AYE Mayor Kravitz NAY PRESENTATIONS AND AWARDS 3. Presentation b Ma or David Kaminsk of Lauderhill. Regarding NW 64 Avenue. SYNOPSIS OF ACTION: TABLED - action will be taken at the appropriate time in the future after Tamarac completes an engineering study. Mayor Kaminsky of Lauderhill introduced Jim Smith, Chief Building official of Lauderhill. Mr. Smith distributed a sketch to the Council of the proposed 64 Avenue. Mr. Smith explained that 64 Avenue is one half in Lauderhill and one half in the City of Tamarac. At present, Lauderhill has a development called Boulevard Estates being con- structed and the developer is required to install a section of NW 64 Avenue. Mr. Smith said the sketch shows 40 feet of pave- ment section in two lanes with a sixty foot median, half of the median being in Tamarac and the other half being in Lauderhill. It provides a 30 foot greenbelt on the Tamarac side and a 33 foot greenbelt on the Lauderhill side. He said there will be one lane north and one lane south with a median and no passing for the length of 64 Avenue from Commercial Blvd. to 44 Street with turn lanes. -4- 1') / ) 7 /PA Mayor Kravitz stated that the City of Tamarac is in the process of making an engineering study of this situation. It was not intended to take any specific action at this Council meeting nor does Council intend to make any motions at this time, but only to hear the presentation. C/M Bernstein said that this matter has been before the Council a number of times in the past. He said the attitude of the City Council and the people has always been the same since this road is of no value to the people of Tamarac. C/M Bernstein said past Council action has always been that this 50 feet is desired to be maintained as part of a barrier between Tamarac and whatever may be built on the other side of 64 Avenue. Leo Issaacson, Chairman of the Legal Committee for Woodland Homeowners Association, stated that C/M Bernstein has very correctly given the past history of this situation with respect to 64 Avenue. He said that a four lane highway was absolutely unnecessary not only for Woodland, but for any situation in Tamarac and Lauderhill. C/M Stelzer stated that the Department of Transportation and all the engineers have been trying to get as many roads north and south as possible. He said he thought that when the report is received from the engineers, the City would consider making this cut through as it would alleviate a lot of traffic. Mayor Kravitz thanked Mayor Kaminsky and added that Council, when the study is received, will consider the situation. Mayor Kravitz called a two minute recess. 4. Presentation by Mayor A. "Beck "Gerren, City of Parkland - TeM. Reso. #3455 YNOPSIS OF ACTION: Temp. Reso. #3455 RESOLUTION NO. R-84--415 PASSEQ .gendized by consent and APPROVED.. Mayor A. "Becky" Gerren of Parkland stated she is appearing to ask for help. She requested a resolution against the proposed de -annexation of land from the City of Parkland. She said Park- land has a developer that is asking the Broward County Legislative Delegation for de -annexation of approximately 1,740 acres of property in Parkland, which is approximately 25% of Parkland. Mayor Gerren stated that the de -annexation of even one acre of land is setting a precedent for every city in Florida. Mayor Kravitz said that the Broward League of Cities is going to back Mayor Gerren. Vice Mayor Stein mentioned that the Broward League and also North- west Broward Council have endorsed Parkland's position and MOVED to agendize by consent Temp. Reso. #3455 endorsing Parkland's position against the de -annexation. C/M Munitz SECONDED. VOTE: ALL VOTED AYE City Attorney Henning read Temp. Reso. 3455 by title. Vice Mayor Stein MOVED approval of Temp. Reso. 3455. C/M Stelzer SECONDED. Mr. Henning said the backup he received stated 1,600 acres and he asked is this was correct. Mayor Gerren said the correct number is 1,740 acres. V/M Stein said he would accept that amendment in his MOTION. (Note: C/M Stelzer, as the SECOND, did not comment). VOTE: ALL VOTED AYE Mayor Gerren thanked Council very much. m'm 12/27/84 /jc GENERAL ADMINISTRATIVE/FINANCIAL 5. Sister City Project - Presentation regarding package tour arrangements Discussion and possible action. SYNOPSIS OF ACTION: Council selected the American Jewish Congress as the travel agent. by vaious travel agents for the Sister City tour. City Attorney Henning read Temp. Reso. #3436 by title. (R-84-405 adopted December 12, 1984). Mayor Kravitz stated he was uninformed as to which agents were invited. C/M Stelzer informed the Mayor that there were five (5) Travel Agents in attendance. Shirley Blumfield, Co -Commissioner, stated that all five travel agents were in attendance. Ms. Blumfield stated she has an update on one agent that she wanted to present. She requested that the Council approve an agent, as it takes time for arrangements to be made and a decision today would be appreciated. Ms. Blumfield stated that she and Co -Commissioner Jack Weiner, have no recom- mendations to make. Dr. Newman, resident, stated that he does not understand how this becomes City business since this is a private trip, by private citizens from private organizations. City Attorney Henning replied that it is a Sister City Project between Kiryat Tivon and Tamarac. He said city dollars are not being spent on the trip nor liability. Hyman Fox, resident, stated he echoed the sentiments of Dr. Newman. He stated that Tamarac is sending a proclamation along with those going on the tour and Council should not take the time of the City to consider this particular question. Walter Rekuc, resident, stated that he understood that there were restrictions as to religion, nationality, race and politics as to who could go to that City. Why should City dollars be spent for a few. Mayor Kravitz said this was not true and City dollars would not be spent on this tour. Bernie Hart, resident, stated that on May 9, 1984, Ordinance 84-23 was passed which says, "an ordinance creating Section 2-47 of the City Code establishing the Sister City Committee to pro- mote Sister City Programs." Nobody objected to it. Mr. Hart stated at the last Council meeting he suggested that the five travel agents be interviewed by the committee and that they should come in with a recommendation for Council approval. Milton Guberman, President of the U.S./Israel Trade and resident, suggested that all agents should give time and itinerary, and it should be wholesaled and bonded as a protection to the people of Tamarac. Mr. Guberman offered his help and service with regard to this trip at no cost to the City. Mayor Kravitz suggested that the Co -Commissioners meet with the five travel agents and come back to the next meeting with a recommendation. Ms. Blumfield stated she felt something concrete should be done today since the representatives of the travel agencies were present. C/M Munitz stated that it appeared to him that the Council was not fulfilling its obligation under the resolution that was passed. He said the resolution is very clear and Council should proceed by fulfilling their obligations under the terms of this resolution. -6- 12/27/84 /jc Mayor Kravitz noted that the resolution stated, "at the December 27th Council Meeting or as soon thereafter as possible." C/M Stelzer stated that the Council members had the presentation from all five agents, there is no reason to hear from the agents again. C/M Stelzer MOVED that the City accept the American Jewish Congress as having offered the best Sister City Tour. C/M Munitz SECONDED. Mayor Kravitz asked if this approved the Resolution and C/M Stelzer said that is correct. The representative from the Israel Department of Jefferson Travel Agency, stated that she just gave a new proposal to the Council which they had not seen yet, with new air fares. The original proposal had an air fare of $866.00 and the air fare has gone up $78.00 since the first proposal two months ago. She suggested Council look the proposals over carefully. VOTE: UTILITIES WEST C/M Bernstein AYE C/M Munitz AYE C/M Stelzer. AYE Vice Mayor Stein AYE Mayor Kravitz NAY 14. Utility Rate Analysis - James M. Montaomery Consulting Engineers - Discussion and possible action on: a) Acceptance of Phase I report. b) Approval of payment for Phase I report. c) Authorization for the appropriate City officials to begin negotiations for Phase II and Phase III SYNOPSIS OF ACTION: a) Accepted, b) Approved in the amount of $5,000 c) Phase II approved in. the amount of $18,800. Steve Wood, Finance Director, introduced Mr. Dave Smith from Tape James M. Montgomery Engineers. Mr. Smith reported that the 3 report before the Council is a philosophical discussion of how rates are determined and certain criteria is set up for use in the rate study. Mr. Smith stated that the rates Tamarac has are becoming inadequate to cover the actual costs. The City is about to begin engaging in some new sewer construction for which the City is to issue bonds and, therefore, bonds will have to be issued to cover the new debt service. He said Tamarac is hoping to get a Federal or State Grant to assist in the sewage construction funding and when that is done, the rate schedule must be approved by the State of Florida Environ- mental Regulation, which criteria must be met before the City can get a grant. Mr. Smith stated that James M. Montgomery is proposing that instead of having a maximum on the sewer bills, based on 20 thousand gallons per residence per single family and 40,000 gallons for multi -family, it is being proposed that that be eliminated primarily because one of the requirements of the State and Federal Grant Agencies is that all users of sewage, producing the same strength of sewage, are required to pay the same cost per gallon. C/M Bernstein said that he understood that when that rate was set any usage beyond the minimum specified on water and sewer for one meter was water being used for irrigation and not going through the sewage system. Mr. Smith stated that that is the normal assumption. City Manager Johnson stated that if the City is going to accept Grants, the City will have to proceed with this program to Phase I. He said he recommends that Council adopt Phase II and go on with this program. -7- 12/27/A4 Vice Mayor Stein MOVED to accept Phase I; SECONDED by C/M Munitz. VOTE: ALL VOTED AYE b) Mayor Kravitz asked the City Manager if he would recommend approval of payment of Phase I report and City Manager Johnson said he would. Vice Mayor Stein MOVED approval of payment for Phase I in the amount of $5,000. C/M Stelzer SECONDED. VOTE: ALL VOTED AYE c) City Manager Johnson made the recommendation that the Council approve commencement for Phase II at a cost of $18,800. Vice Mayor Stein so MOVED and C/M Bernstein SECONDED. VOTE: COMMUNITY DEVELOPMENT ALL VOTED AYE 33. Woodmont Tract 48 (Waterford at Woodmont) - Discussion and possible action on: a) Waiver on the provisions of the sign ordinance governing signs on property other than the applicant's - Temp. Reso. #3450 b) Renewal of a model sales permit and waiver of the 300-foot distance requirement for certificates of occupancy. SYNOPSIS OF ACTION: APPROVED a) Two temporary signs for one year from 12/27/84 and b) APPROVED to expire 7/25/85. RESOLUTION NO. R-84-426_PASSEQ_ a) City Attorney Henning read Temp. Reso. #3450 by title. City Attorney Henning said the entrance to the development of Woodmont was from Southgate Blvd. and these signs are being proposed on 81st Avenue on the east and west side of the street at the entrance of Waterford. He said these are off -site signs on property owned by the Country Club and Temporary approval is asked for one year and must be renewed for each year after that. Vice Mayor Stein mentioned that it has been approved by the Beautification Committee and he MOVED approval of Temp. Reso. #3450; SECONDED by C/M Stelzer. VOTE: ALL VOTED AYE b) C/M Stelzer said the City has a check in the amount of $150 and he MOVED the extension of the model sales permit. C/M Munitz SECONDED. VOTE: ALL VOTED AYE LEGAL AFFAIRS 24. FP&L Phoenix Substation - Discussion and possible action on: a Authorization for the appropriate City officials to accept an assignment of Deed Restrictions on this property from Leadership Housing, Inc. - Temp. Reso. #3329 b) Authorization for the appropriate City officials to execute a Release of Deed Restrictions placed on this property by Leadership Housing, Inc. - Temp. Reso. #3330 (tabled from 10/10/84) c) Request for bonding waiver - Agendized by consent SYNOPSIS OF ACTION: TABLED or further review (see page 1) a) City Attorney Henning stated that deed restrictions came to light & in the Title Search, that goes back to 1972. The City has asked b) Leadership Housing to join in release of these deed restrictions because FP&L would like to remove this cloud from the title. -8- 12/27/84 Mr. Henning said that he has not yet gotten the written approval from Leadership Housing, but he hopes to have the written approval by the Meeting of January 9; therefore, he recommended that items a) and b) be tabled. C/M Stelzer MOVED the tabling of items a) and b); C/M Munitz SECONDED. VOTE; ALL VOTED AYE c) City Attorney Henning stated that he was approached by FP&L and they are preparing their bid package and the cost to them and the contractor will involve, possibly, a,bond. He said the City Code in Chapter 24 requires a bond for off -site improvements. He said the site plan anticipates possibly a right turn lane into the substation, possibly, a median cut for a left turn lane, sidewalks, some of which are required by Code, some of which have been negotiated between the City and FP&L, and relocation of the two catch basins and the culverts that go to the canal. He said these improvements are required to be bonded for 100% by a performance bond in case the project lapses and then the City will call the bond and finish the public improvements. Mr. Henning stated the second bond is a warranty bond in which 25% of the amount is held as a warranty in case within the next year there is a defect in construction then it can be repaired. He said that FP&L will waive all rights to a certificate of occupancy on the substation if the City will allow them to fore- go a performance bond. Mr. Henning said the real issue is whether Council is interested in amending the City Code to provide any type of waiver of the performance bond for the benefit of FP&L in these circumstances. C/M Bernstein said that the City Code was written for good reason, the bonds are required, and FP&L is acting in good faith, he is sure they will perform. He said that the City should have bonds from everybody under the same circumstances or nobody. Vice Mayor Stein said that Council usually waives a performance bond, if a developer is suffering a financial hardship. He said FP&L is building a small power station and a premium for a performance bond has to be negligible and an amendment to the City Code would be required to accomplish this waiver. David Cobb, representative of FP&L, stated that the letter before the Council was not intended to get out of the money situation. Mr. Cobb stated FP&L operates with Cities all the time in good faith and have meters all around the City; and the intent of the letter was a working accord type of arrange- ment. Vice Mayor Stein said he would be willing to take a document from FP&L purporting to be a bond. lie said he does not need an insurance company to guarantee their credit. He said if FP&L would comply with a bond as written by the Code and they will guarantee it, he said he would agree to that. C/M Stelzer said he agreed with C/M Bernstein and does not want to set a precedent. He said if the Council wants to establish a variance procedure perhaps it should address public utilities only. City Attorney Henning read a portion of the Code, stating, "A bond shall be cash, irrevocable bank letter of credit, cashier's check or other negotiable instrument of surety bond written by a company listed in the latest...". Mr. Henning stated that in the past the Council has accepted assignments of interest - bearing notes like a CD with interest and holds them for a year, or whatever time is needed for a performance bond, and the interest accrues to FP&L's benefit and at the end of the per- formance period, FP&L gets the principal and the interest in return. -9- 12/27/84 /jc Mr. Henning said it would be best for FP&L to follow what -is in the Code now, that is, to consider an interest -bearing instrument for their benefit. Mr. Cobb said they can work this out. Vice Mayor Stein MOVED to TABLE this item; SECONDED by C/M Munitz. VOTE: COMMITTEES ALL VOTED AYE 6. Burglar Alarm Review Committee -- Announcement of one vacancy on this committee: `'' SYNOPSIS OF ACTION: Vacancy announced. Mayor Kravitz said if anyone is interested in serving on the above committee, please contact the City Clerk's office for an application. 7. Consent Agenda a. Alan F. Ruf - Consulting City Attorney - 12/19/84 - $2,655.00 - Approval recommended by City Attorney b. Williams, Hatfield & Stoner, Inc. -- Consulting Engineer - Project 2080--0, Statement 2 - 9/19/84 - $434.00 - Approval recommended by City Manager and City Attorney. c. Williams, Hatfield & Stoner, Inc. - Consulting Engineer - Project 2080-0, Statement 4-11/5/84 - $86.50 - Approval recommended by City Manager. d. Muller, Mintz, Kornreich, Caldwell, Casey, Crosland & Bramnick, P.A. - Labor Counsel - 12/6/84 -- $73.00 - Approval recommended by City Attorney. e. Shailer, Purdy & Jolly - Counsel for contraband forfeitures - Services for November 1984 - $309.24 - Approval recommended by City Attorney. f. Billing, Cochran & Heath, P.A. -- Counsel for Saito vs. City of Tamarac - 12/14/84 - $146.25 -- Approval recommended by City Attorney. g. Authorization to waive bidding procedures and procure certain communications equipment for the Police Department from Mobile Communications in the amount of $2,500.00, with funds to come from Account 001-218-521--644, in order to retain a frequency assigned by the Federal Communications Commission in January 1984. h. Authorization for the City Manager to sign a permit application with the State Department of Transportation for certain beautification improvements to Florida Turnpike, Exit 20. i. Authorization to Purchasing Agent to dispose of surplus equip- ment that was offered for sale, but not sold, at the City Auction on December 15, 1984. j. Authorization to procure, under State Contract, a Ford Sedan and a Ford Pick -Up Truck for Public Works in the amount of $14,468.01 using Federal Revenue Sharing Funds allocated in the 1984/85 Federal Revenue Sharing Budget. k. Authorization to those City Council members desiring to parti- cipate to attend the Florida League of Cities Pre -Legislative Meeting in Tallahassee in February 1985. 1. City of Tamarac Vacation of Right -of -Way for a portion of NW 67 Street -- Petition #2-V-84 - Approval to extend the tabling action to a future Council Meeting. SYNOPSIS OF ACTION: APPROVED Items a) through j) and 1). Item k) REMOVED for discussion and then APPROVED. Mayor Kravitz asked that Council consider separately Item k). C/M Stelzer referred to Item c) Williams, Hatfield & Stoner's bill in the amount of $86.50 and he questioned whether this will be charged to the Charter Board's budget. City Manager Johnson said he will check the invoice and if that is the correct account, it will be charged to their budget. -10- 12/27/84 Vice Mayor Stein MOVED approval of all Items with the exception of Item k). SECONDED by C/M Stelzer. VOTE: ALL VOTED AYE k) Mayor Kravitz stated that in the past four years no member of Council has attended the Florida League of Cities Prelegislative Meeting in Tallahassee. Mayor Kravitz said he is concerned that this was included, as he can not see where it will help the City. He said if all members went, there would be a cost to the City even though it may be taken out of Council's allotted expenses. City Attorney Henning stated that it is on the agenda because it is out of the Tri-County area and it is usual to get approval from Council in advance. The registration fee by ruling from the past, will be outside Council's stated allotment and all other expenses will be within the allotment. He said since the motion from the past included only the Tri-County area, approval for outside the Tri-County area is required. Mayor Kravitz asked how the City will benefit. City Manager Johnson stated that he has participated in the Florida League of Cities Prelegislative Meeting in Tallahassee, it is a working meeting. He said the legislative program is drafted; the policy from the League of Cities is put before the Legislature to give them a document so they know what the Cities want. City Manager Johnson stated he had planned to attend, and Council must advise him whether he can or not. He said he had been asked to sit on one of the committees. City Manager Johnson said he has found it to be a worthwhile meeting because policies are discussed and the legislators can be met. He said there is a special session for the City Attorneys and it is important because they discuss legal problems that are related to cities today. He said the Council of the City he worked for in the past felt it was important to attend because it is important to know what the legislature will be reviewing when they meet. Mayor Kravitz stated that he felt that City Manager Johnson and the City Attorney are capable of representing the City and send- ing a memorandum to Council telling of the findings and where the City can or can not benefit. Mayor Kravitz said he can not see five Council people attending. Vice Mayor Stein said that this is the first time he had heard a criticism of a Council that wants to work. He said this is a working meeting to spend two days being informed about the very pressing programs of density and grants. He said the citizens should care that Council members want to go and be well informed and find out what is happening in Tallahassee which will affect the City of Tamarac. Vice Mayor Stein said unless prohibited he intends to attend. C/M Stelzer said that never before has the Council been involved in outside conferences as to what is good for the City. He said there is a Thursday and Friday session of Municipal/Finance and taxation and he can benefit the City by going and seeing how other Cities work in municipal finance and he intends to go. C/M Munitz asked how much money is being discussed. Mayor Kravitz responded with the amount of approximately $250 per person. Vice Mayor Stein MOVED that Council authorize any member of Council who wishes to attend be authorized to do so. C/M Stelzer SECONDED. C/M Bernstein said that he felt that the people have expressed a desire that Council people account for individual expenditures and that they do not exceed the allowance set per year for any individual Council person. -11- 12/27/84 /jc C/M Bernstein said no where does he hear or see anything that says a Councilman should not do that which he thinks will be of benefit for the City, so long as he properly documents that expenditure and stays within the limitations of the budget. VOTE: GENERAL ADMINISTRATIVE/FINANCIAL C/M Bernstein AYE C/M Munitz AYE C/M Stelzer AYE Vice Mayor Stein AYE Mayor Kravitz NAY 8. Bid Award - Public Works Department - Discussion and possible action on: a) Awarding of a bid for aquatic plant control - Tem. Reso. #3439. b) Awarding of a bid for landscaping at the Florida Turnpike Exit 20 - Temp. Reso. #3440 SYNOPSIS OF ACTION: a) APPROVED award of bid to Lake Doctors, Inc. in the amount of $50,369.76 and b) APPROVED award bid to Ram Plant Growers in the amount of $14,881. RESOLUTION NO. R-84-416 PASSED RESOLUTION NO. R-84-417 PASSED a) Mr. Henning, City Attorney, read Temp. Reso. #3439 by title. City Manager Johnson recommended that the amount of the contract be for $50,369.76 instead of $39,624.00 in order to include all public and private waterways in the City. City Manager Johnson recommended that all waterways, both public and private, be considered in the bid. C/M Stelzer stated that this had been done before and should continue to be done. Vice Mayor Stein stated he had received telephone calls from citizens requesting private waterways be considered as well as the public waterways. Vice Mayor Stein MOVED approval of Temp. Reso. #3439 with the addition that the amount be changed from $39,624 to $50,369.76 to include all private areas which are presently being cleaned. C/M Munitz SECONDED. Walter Rekuc, resident, said the City should get Quit Claims to any waterways cleaned. He said the obligation is to the City and he thinks it is a violation if private waterways are cleaned. VOTE: ALL VOTED AYE b) Mr. Henning, City Attorney, read Temp. Reso. #3440 by title. Vice Mayor Stein MOVED approval of Temp. Reso. #3440; SECONDED by C/M Munitz. VOTE: ALL VOTED AYE Florence Bochenek, Chairperson of the Beautification Committee, stated that she was very happy that this finally has come to fruition, she thanked Council and said ground breaking will take place shortly. Vickie Beech, resident, asked if this was State land that was being beautified and Mrs. Bochenek stated it was turnpike property and they had to get permission to beautify it. 9. Tamarac Police Department - Discussion and possible action on recommendations by the City Manager regarding police services contract with Broward Sheriff's Office. (tabled from 11/14/84). SYNOPSIS OF ACTION: Council directed City Manager to dis- continue further negotiations with the BSO. -12- 12/27/84 /7 c City Manager Johnson stated he had sent a memo regarding his position. He recommended again that Tamarac stay with its own police department and he asked Council. to consider that action at this time. Vice Mayor Stein MOVED to discontinue any further negotiations with the BSO and stay with the present police department. C/M Munitz SECONDED. C/M Stelzer asked the City Manager if the ratification of the FOPA Contract means that the members of the Police Department agree that they do not want BSO. City Manager Johnson said no, the Police voted on a contract last night and accepted the City proposal. VOTE: ALL VOTED AYE 11. Broward League of Cities Business - Discussion and possible action. SYNOPSIS OF ACTION: No further information. Mayor Kravitz stated stall not in, but the come in shortly. LEGAL AFFAIRS that due to the holidays, the reports are meeting will be scheduled and papers will 23. Bur lar Alarms - Temp. Ord. #1166 - Discussion and possible action to regulate burglar alarm users and burglar alarm devices under Chapter 14 of the Code. First Reading. SYNOPSIS OF ACTION: TABLED. City Attorney Henning read Temp. Ord. #1166 by title. C/M Stelzer said that the Burglar Alarm Ordinance has been around for years and everytime a workshop is called nothing is accomplished. He said at the last workshop the public suggested a three-month test period where every call would be monitored. He said whoever was monitoring the board would call the subscriber to find out if it was a false alarm or not. He said, if it was not a false alarm, a police officer would respond. C/M Stelzer said that there was a test several months ago and it was found that it did cut the number` of false alarms answered. He said if the Police Department monitors the calls there will be additional costs to the City. C/M Stelzer said he made a suggestion at the last workshop to discontinue the police board and that subscribers use a commercial operation where, for a fee of $5.00 a month, every call would be monitored and each call traced back to see if it is a false alarm. C/M Stelzer said that he did not hear much objection to his suggestion and he MOVED that the City give the subscribers notice that they have six months to attain a commercial operation and discontinue the police board. C/M Munitz SECONDED. Vice Mayor Stein stated that the people asked for a three-month test and C/M Stelzer is going to discontinue the City involvement in six months. He said in all fairness there should be a work- shop meeting. He said the people made a request that will not be injurious to the City. Vice Mayor Stein said it would be worth monitoring the calls, and the time it took to do the work, what the cost would be, and then come up with the answer as to whether a commercial operation would or would not be advantageous monetarily. He said he, personally, feels that the board should be removed from the Police Department; however, a three-month test would be fair and everyone could look at the problem intelligently and make a decision. Vice Mayor Stein said he opposes C/M Stelzer's proposal and he proposed that when the three-month trial period is over commercial operations come to City Hall with their proposals so that facts can be presented. -13- 12/27/84 /jc C/M Bernstein stated that the purpose of the proposed three- month test was not to find out whether it would cut down on false alarms, that was satisfied adequately in the past. He said the purpose of the 90-day trial period was to determine if it was practical to screen incoming calls in the Police Department and at the end of that period determine whether there is justification for keeping the board in City Hall. C/M Bernstein said he sees no harm in running such a test; therefore, he opposed the Motion. C/M Munitz asked if the three-month test period was in effect now. Vice Mayor Stein replied, no. Vickie Beech, resident, asked in the event this test is completed and a decision is derived, would it not be conflict of interest for Council to be voting on this particular issue. Leo Isaacson, resident, thanked Vice Mayor Stein and C/M Bernstein for the progressive attitude they have taken. He said the 90-day test was proposed and should be attempted. He stated he thinks when the test period is over, Council may find many new facts. He said that the users should be notified when this monitoring system goes into effect. Mayor Kravitz said that this 90-day test was not yet in effect, and it is not now in motion. Hyman Fox, resident, inquired as to how many homes are connected to the Police Board. Mayor Kravitz replied, "over a thousand". Hyman Fox, resident, asked if the City was not subsidizing these people. Al Robbins, Chairman of the Burglar Alarm Committee, said that in all the discussions he has been part of, he has never heard any comment about the advantages of being hooked up to the Police board. He said people in Woodlands have told him of the tremendous amount of bills they have received while hooked up to the Police board, due to false alarms. Mr. Robbins said he believes it is an advantage to be hooked up to a private opera- tion. Louis Reese, resident, said he was amazed that the Council is going to the trouble of tieing in certain sections of the City. Mr. Reese said that anyone with a burglar alarm system should have it hooked up to a private concern. C/M Munitz asked how the MOTION was worded and C/M Stelzer said the MOTION only concerned removing the board from the Police Department in six months. He said there is a SECOND. VOTE: C/M Bernstein NAY C/M Munitz NAY C/M Stelzer AYE Vice Mayor Stein NAY Mayor Kravitz NAY C/M Stelzer said there are 21 pages to the Burglar Alarm Ordinance and C/M Bernstein sent him a letter which had 37 changes. He said he has several questions to ask on the ordinance. C/M Stelzer MOVED to TABLE this item until Council has a workshop of Council, the Burglar Alarm Committee, the Police Chief, and the Building Department with no public input. Mayor Kravitz said that Council members should send recommendations to the City Attorney. He said the City Attorney could draw up a new Ordinance and at that time Council could consider it. C/M Munitz said he would second the motion if C/M Stelzer would amend it to read, a special meeting with the people mentioned. -14- 12/27/84 /jc C/M Stelzer said he amended the MOTION to read: A Special Meeting of Council to amend the Ordinance with Council, Burglar Alarm Committee, Police Chief and the Building Department. Mayor Kravitz stated that a MOTION to TABLE was necessary. C/M Bernstein said Council has discussed the burglar alarm ordi- nance and have put off action time and time again. He said Council had been presented, at the time of the workshop, a series of 8 unanimous recommendations of the Burglar Alarm Committee. He said they are simple, concise and would represent a substan- tial improvement in the Ordinance. He said he sent to everyone concerned a copy of proposed changes in the Ordinance as submitted originally by the City Attorney. He said these changes do not represent anything other than a consolidation of the recommenda- tions of the Burglar Alarm Committee. He said at this time he has received no written or oral recommendations or comments; although he asked for them in his memo. He said he did have a meeting with the Building Department and the City Manager to determine if the training of an inspector from the Building Department was a practical approach; and all agreed it was. C/M Bernstein said that enough time has elapsed so that the Council could act today. C/M Munitz asked if the Ordinance has been changed to include the recommendations which C/M Bernstein made. C/M Bernstein said no, the Ordinance has not been changed to incorporate these recommendations as yet. C/M Munitz said this is proof that a workshop is needed for this purpose. C/M Stelzer made a MOTION to TABLE; C/M Munitz SECONDED. VOTE: C/M Bernstein NAY C/M Munitz AYE C/M Stelzer AYE Vice Mayor Stein AYE Mayor Kravitz AYE Mayor Kravitz announced a Special Meeting of Council to take up the issue with all changes on the Burglar Alarm Ordinance. Vice Mayor Stein made a MOTION to agendize by consent a 90-day test period to be run by the Police Department on false alarms, operation costs, and hours spent in keeping the board in the Police Department. C/M Stelzer SECONDED. VOTE: ALL VOTED AYE Vice Mayor Stein said he would add to this item, the receiving of bids from outside companies, who would do the exact work in comparison to the cost to the Police Department. C/M Stelzer SECONDED. C/M Bernstein said the alarm ordinance makes no reference as to where the board will be and voting on this test will have no bearing on the alarm ordinance at all. City Manager Johnson said he needs direction from Council on this because this test will cause a great deal of confusion. Vice Mayor Stein said private companies monitor these calls to verify them and he asked that the question be called. VOTE: UTILITIES WEST ALL VOTED AYE 16. Sewage -Treatment Plant - Discussion and possible action to authorize an engineering feasibility study on relocation of the sewage treatment plant. SYNOPSIS OF ACTION: APPROVED City Manager Johnson said that the City is now in the process of doing work at the sewage plant and Council has had notifications of odor violations. _15- 12/27/84 /jc City Manager Johnson made a recommendation that the City spend approximately $5,000;hire an engineering firm to look at the feasibility of moving the sewer plant from its present location to an area known as Land Section 7. He asked for Council. authorization. C/M Stelzer MOVED to approve with a cap of $5,000; C/M Munitz SECONDED. Dr. Newman, resident and retired professor of sanitary engineer- ing, said that a feasibility study is not necessary since the plant is overloaded. He said instead of moving it and creating another overloaded plant, the City needs a new sewage treatment plant. Vickie Beech, resident, asked how moving the plant will affect the City grant. Mr. Johnson, City Manager, said it is not going to create a problem with the grant, in fact, it will probably help the situation. lie said the plant must be expanded by 1990 or before and the City will look at the whole possibility; expan- sion and all, at one time. VOTE. ALL VOTED AYE Mayor Kravitz called a recess until 1:30 P.M. --16- 12/27/84 /j c Mayor Kravitz called the meeting to order at 1:30 P.M. ROLL CALL: PRESENT: Mayor Philip B. Kravitz Vice Mayor Sydney M. Stein (Entered at 2 P.M.), C/M Jack Stelzer C/M Raymond J. Munitz C/M Allan C. Bernstein ALSO PRESENT: City Manager Elly Johnson City Attorney Jon Henning Asst. City Clerk Carol Barbuto Secretary Joann Colwell COMMUNITY DEVELOPMENT 27. Kin s Point Recreation Complex - Discussion and possible action on: a) Revised site plan for a pedestrian walkway, sod in lieu of asphalt between tennis courts and a flagpole - Temp. Reso. #3424. b) Landscape plan (tabled from 12/12/84) SYNOPSIS OF ACTION: a) APPROVED with conditions b) APPROVED RESOLUTION R-84-422 PASSED a) C/M Stelzer read Temp. Reso. #3424 by title. He said staff has recommended approval subject to: - sign to be placed indicating walk is not for vehicular use. - striping and signage to be provided at drop-off bay. - all prior conditions of approval are still valid and in effect. C/M Stelzer MOVED to adopt Temp. Reso. #3424; C/M Bernstein SECONDED. VOTE: ALL VOTED AYE b) C/M Stelzer said that he spoke to Florence Bochenek and she assured him that the landscaping for Kings Point Recreation Complex had been approved by the Beautification Committee; therefore, he MOVED to approve the landscaping plan. C/M Bernstein SECONDED. VOTE: ALL VOTED AYE 28. Ashmont- Revised Site Plan - Temp. Reso. #3451 Disc cussion and possible action on a revised site plan to reflect as --built setbacks and a fence around the lift station. SYNOPSIS OF ACTION: APPROVED RESOLUTION R--84-423 PASSEQ Mr. Henning, City Attorney, read Temp. Reso. #3451 by title. C/M Stelzer MOVED approval subject to all prior conditions remain- ing in effect. C/M Munitz SECONDED. VOTE: ALL VOTED AYE 29. University Texaco - Revised Site Plan - Temp. Reso. #3452 Discussion and possible action on a revised site plan for a catch basin and a trench drain. SYNOPSIS OF ACTION: TABLED for an agreement to be drafted. City Attorney Henning read Temp. Reso. #3452 by title. C/M Munitz said Council has notification that there is no existing agreement on this matter and he was opposed to taking any action until such time as the City has an existing agreement in effect. City Attorney Henning said that in the past when developers asked for release of a Cash Bond, it was customary for the Finance Department to investigage whether any money was owed the City. -17- 12/27/84 City Attorney Henning said that any time Council has a pre-1979 development Council would find it unlikely to have a water and sewer agreement because that is when the City purchased the utility plant. Mayor Kravitz asked if an agreement is needed with Texaco and City Attorney Henning said, no. C/M Stelzer asked if a building is sold to another party does the City have any kind of agreement with the new party. City Attorney Henning said, yes, however, with a single tenant an agreement is not needed. C/M Munitz said there should be an agreement, so there is a record. City Attorney Henning said he could create a document for that 10% of the agreement that is not satisfied when a meter goes into the ground. C/M Stelzer said that the new agreement would have to be in accordance with the Code as it is now. City Attorney Henning said the issue is, who owes the City money, not if there is an agreement. C/M Munitz said he would like any item where Council has been advised that there is no existing agreement, tabled, until such time as Council receives an agreement. Steve Wood, Finance Director, said that when the City bought the utility in 1979 there was some development going on and the City assumed the liability of those developer agreements. He said the entire Woodland development does not have an agreement and the same holds true for some commercial developments that are old and have been assigned and re -assigned. Mayor Kravitz asked Mr. Wood if he felt the City needed agreements temporarily. Mr. Wood said no, the City has deposits for the utilities and the City is delivering utility services, which are on file. C/M Munitz asked if the only violation is not paying their bill. Mr. Wood answered yes, if the bill is not paid, service is cut off. C/M Stelzer read into the record, "staff recommends approval of site plan subject to any conditions set down by the City Engineer." He read a memo from the City Engineer dated December 26, 1984, which stated that additional sidewalk easements are required for the Texaco Service Station, site of McNab Road and University Drive intersection. C/M Stelzer said the City Engineer requests that if Council approve the revised site plan, approval should include the condition that permits will not be issued until a required sidewalk easement on the north side of this property is provided. He said the City Engineer's memo states that Broward County will construct this sidewalk along McNab Road. C/M Stelzer continued reading the City Engineer's conditions: - Texaco is to provide an easement to construct the sidewalk along University Drive. The sidewalk should be 7-feet wide, if possible, and if this interferes with existing facilities, the sidewalk may be reduced to 5-feet. C/M Stelzer MOVED to adopt Temp. Reso. #3452 subject to require- ments as indicated by Bob Foy's letter of December 26, 1984. Motion DIED for a lack of a second. C/M Munitz MOVED to TABLE this matter until such time as an agreement is drafted. City Attorney Henning suggested including in the MOTION the language " that an easement is submitted as required by Broward County." -18- 12/27/84 /jc C/M Munitz so amended his MOTION. C/M Bernstein SECONDED. VOTE: C/M Bernstein AYE C/M Munitz AYE C/M Stelzer NAY Mayor Kravitz AYE 30. Tom Norris Restaurant - Revised Site Plan - Temp. Reso. #3453 Discussion and possible action on a revised site plan to reflect addition of a water heater zoom. SYNOPSIS OF ACTION: TABLED, then reconsidered and APPROVED (see page 31) RESOLUTION NO. R-84-432 PASSED City Attorney Henning read Temp. Reso. #3453 by title and said there is no agreement. TAPE Mayor Kravitz stated that he would hold the matter open until 5 2:10 so that interested parties could be in attendance. C/M Munitz stated that there is no existing agreement and without an existing agreement Council should not act on the matter. City Attorney Henning stated that the utility bill for Tom Norris Restaurant is up to date to December. He said the December bill went out on December 5th for $410.80, so they owe for this month. He said the City has a deposit for $460 on their account which is $50 in excess of the amount. C/M Stelzer said as there was no agreement he MOVED that the matter be TABLED. C/M Munitz SECONDED. VOTE: UTILITIES WEST ALL VOTED AYE 12. Ladder Safety_ Devices - Temp. Reso. #3454 - Discussion and possible action'to procure these devices. SYNOPSIS OF ACTION: APPROVED RESOLUTION NO. R-84-418 PASSED quote of D.S. Industries, Inc. in the amount of $2,085.50 plus freight. City Attorney Henning read Temp. Reso. #3454 by title. City Manager Johnson stated that it was his recommendation that the bid of D.B. Industries, Inc. in the amount of $2,085.50 plus freight be awarded for the procurement of these devices for TUW. C/M Stelzer MOVED to approve Temp. Reso. #3454; C/M Munitz SECONDED. VOTE: ALL VOTED AYE 13. Bid Award -_Temp. Reso. #3441 - Discussion and possible action to award a bid for back flow devices. SYNOPSIS OF ACTION: APPROVED RESOLUTION NO. R-84-419 PASSLD award of bid to Sav-On Utility - Supply in the amount of $2,848.05. City Attorney Henning read Temp. Reso. #3441 by title. City Manager Johnson recommended that Sav-On Utility Supplies, Inc. be awarded the amount of $2,8.48.05 for installation on the sewers and water plant at TUW. C/M Stelzer MOVED that Temp. Reso. #3441 be adopted. C/M Munitz SECONDED. VOTE: ALL VOTED AYE -19- 12/27/84 /ic 1.5. Sludge Dewatering and Composting - Discussion and possible action to award a contract for engineering services. SYNOPSIS OF ACTION: authorized to enter with CH2M Hill for of $349,501.00 City Manager into a contract maximum amount City Manager Johnson said that he had been authorized to negotiate a contract with CH2M Hill and this had been done. He said the price of the contract is $349,501.00 and it is his recommendation that the bid be awarded to CH2M Hill to design, inspect, and do all necessary work for the Dewatering Project. City Manager Johnson defined the project for Council and said this is a concept to handle the sludge problem for the City. He said at the present time the City is using a farm in Land Section 7, but this will not be allowed in the future. He said this is a compost and dewatering operation and part of the money will come through a State Grant. He said the City has been notified that Tamarac has been moved up on the list and the City will know in April whether the City has received the Grant. He said the original estimate was 1.2 million dollars and the actual cost is going to be more than that. He said that proposals from engineering firms had been received, reviewed with a screening committee, and a report was made to Council recommending CH2M Hill at the last Council meeting and he was authorized to negotiate a price and the price is $349,501.00. City Manager Johnson said he recommends that the bid be accepted as the original price was approximately $700,000. City Attorney Henning stated that the first choice was CH2M Hill and the negotiating committee was able to cut the price in half. City Manager Johnson said that the procedure followed complied with the procedure used for deep well injection; the procedure estab- lished working with Council. He said the City Engineer feels that this is a reasonable price for the work. Norman Karr, Park Commissioner, asked if this bid covers the dis- posal of water. Mr. Johnson said sludge and dewatering. Mr. Karr asked what amount is for engineering and how much for equipment. City Manager Johnson said that Council is talking about the engineer- ing phase; design, inspection and the grant application. He said engineering has nothing to do with construction, except for the inspection of the construction. City Manager Johnson said the total cost of the project is $2.1 million dollars. He said this is to meet the current State EPA and DEA regulations. He said it is the composting, disposal and dewatering of the sludge. He said it is not just one part of the operation, but the total operation. Norman Karr, Park Commissioner, asked if the dewatering process was the largest part of the total. He asked where the money is coming from. City Manager Johnson said the money is coming partially from a State Grant and partially from the bond money. He said this project was approved several years ago by Council. He said the cost of the project is based on the State required acres for holding for com- posting, the type of facilities that have to cover the composting, etc. C/M Stelzer asked Mr. Johnson if this will do away with the sludge problem and City Manager Johnson said yes. C/M Stelzer MOVED to authorize an engineering contract with CH2M Hill for $349,501.00 maximum cost. C/M Munitz asked City Manager Johnson what the estimated amount of the grant would be and City Manager Johnson said that it would be 55% of the eligible cost and that usually equates to about 35% to 40%. -20- 12/27/84 /j c C/M Munitz asked if he was correct in that the money will come from grants and bonds and City Manager Johnson said yes. C/M Munitz SECONDED the MOTION. C/M Bernstein asked the City Manager if this would solve the odor problem and City Manager Johnson said that this would not apply to that problem, this was getting rid of the waste of the sewer plant. VOTE: ALL. VOTED AYE 17. Operations Building - Discussion and possible action on a temporary facility. SYNOPSIS OF ACTION: Authorized City Manager to go to bid for purchase of facility. City Manager Johnson said he had thought it possible for the City to consider GSA bids, but he understands that the Charter prohibits anything except State bids or County bids. He asked permission to purchase a facility for housing of approximately 4500 square feet. He said estimates have been from $90,000 to $100,000. He said it would be fully equipped as it is set up on the site; the City would have to pour a slab to set the facility on. He requested that Council give authorization to proceed with the bidding process, advertise for bids, and come back to Council for the awarding of bids. C/M Munitz MOVED for authorization for City Manager to go to bid for purchase of this facility. C/M Stelzer asked if this was in lieu of renting. City Manager Johnson replied that at the present time they are not renting and economically the City would be better off buying. C/M Stelzer asked how long it would take the City to get its own building and City Manager Johnson replied that the City would not proceed with that building, under the bond program, until a decision is made regarding the sewer plant. He said he will come back with a recommendation. C/M Stelzer SECONDED. VOTE: LEGAL AFFAIRS ALL VOTED AYE 18. Waste Management, Inc. - Temp. Reso. #_3443 - Discussion and ^ossible action to ap prove pprove an Addendum to the contract for residential and condominium solid waste collection and disposal. SYNOPSIS OF ACTION: APPROVED RESOLUTION NO. R-84-420 PA5SED, City Attorney Henning read Temp. Reso. #3443 by title. City Attorney said that Waste Management Corporation has taken over the garbage contract effective December 1, 1984 and it is a three-year contract. He said he recommends approval of Temp. Reso. #3443. City Attorney Henning said that the fee for condos was approxi- mately 20� and 50G for curbside. C/M Stelzer asked the City Attorney if other cities give free pick up to religious organizations. Vice Mayor Stein answered that most of the cities that he knows of, do not have free pick up for religious organizations. City Attorney Henning said that the religious organizations have not complained. -21- 12/27/84 /jc C/M Bernstein asked what happens on holidays when a six day work week is established and City Manager Johnson answered that the only day of the year they do not pick up is Christmas Day. Vice Mayor Stein MOVED for adoption of Temp. Reso. #3443; C/M Stelzer SECONDED. Key" ALL VOTED AYE • -.153 - Discussion and 9 City Council Salaries Temp. Ord #1 possible action on a proposed amendment to Charter Section 4.04 regarding Council salaries. First Reading. (tabled from 12/12/84) SYNOPSIS OF ACTION: APPROVED on First Reading City Attorney Henning read Temp. Ord. #1153 by title. C/M Stelzer said he was the one who proposed this salary increase in as much as he will not be affected by it. He said his reason for introducing this proposal is that Tamarac is being held up for ridicule by neighboring cities because of Council's salaries. He said a $200 increase per month, as proposed, is strictly a token salary. Vice Mayor Stein said that a lot of misinformation has been handed out. He stated that this has never been brought to Council before. He said it has nothing to do with vouchers, expenses or with reporting. He said the objection has been with vouchers or lack of vouchers, to get an increase in salary. He said the reason he is going to ask to Table is that some of the condos have requested a clarification of Dr. Henkel's report. Vice Mayor Stein volunteered to speak at various clubhouses in order to enlighten the people on the subject. He stated that inflation had reduced Council's salary and he wants to know how the people feel about Dr. Henkel's report. Vice Mayor Stein MOVED to TABLE for two weeks for those people who would like enlightenment by any member of Council. Mayor Kravitz stated that the last increase by Council was a little less than 4 years ago when the salary was increased from $1,200 a year to $3,600 a year. C/M Stelzer asked if there was enough time for consideration, if this is tabled for two weeks and City Attorney Henning stated that Marilyn Bertholf, City Clerk, stated that the candidate closing is January 16, 1985. He said two readings must be held for referendum. Vice Mayor Stein said he would withdraw his MOTION and for expedi- ence put this on First Reading. Vice Mayor Stein said he was withdrawing the TABLING MOTION and MOVED to approve Temp. Reso. #1153 on First Reading.. C/M Stelzer SECONDED. VOTE: ALL VOTED AYE 20. City Council Expenses - Temp. Ord. #1154 - Discussion and possible action on a proposed amendment to Charter Section 4.04 establishing guidelines for Council expenses by ordinance. First Reading (tabled from 12/12/84) SYNOPSIS OF ACTION: REMOVED ram the Agenda. City Attorney Henning read Temp. Ord. #1.154 by title. Vice Mayor Stein MOVED that Temp. Ord. #1154 be REMOVED from the agenda. C/M Bernstein SECONDED. -22- 12/27/84 /jc C/M Stelzer stated that the Mayor and Council members have a certain amount of money for travel expenses for which they are reimbursed. He stated that he claims reports filed in the past 2 1/2 years have been false and padded. He said the Charter Board disagreed with him. He stated by eliminating this require- ment from the Charter, the Council can police themselves. He said if left in the Charter the way it is, anyone who wants to file false reports can do so. He said the City Manager and Finance Director do not examine these reports; therefore, whatever is claimed is paid. He said that is his reason for taking this out of the Charter. C/M Bernstein said that he is in support of the MOTION. He said that the people have had an adequate opportunity to express them- selves on the question of whether or not they wanted expenses detailed by voucher. He said it is up to Council to do what the people want. VOTE: COMMUNITY DEVELOPMENT C/M Bernstein AYE C/M Munitz AYE C/M Stelzer NAY Vice Mayor Stein AYE Mayor Kravitz AYE 31. Tract 44 (northwest corner of McNab Road and NW 88th Avenue) Discussion and possible action on: a) Presentation by applicant of proposed new development at this location. b) Waiver of the platting requirements of Chapter 20 of the Code for an administrative trailer and sign for temporary use µ Temp. Reso. #3444. SYNOPSIS OF ACTION: a) New development deemed by Council not to be necessary b) Temp. Reso. #3444 APPROVED with conditions. RESOLUTION NO.-84-424 PASSED a) City Attorney Henning asked to bring Vice Mayor Stein up-to-date & as he was not present for a short period of time. He stated that b) Item 29 and 30,. which were finished developments, were Tabled because the Finance Department indicated there were no existing water and sewer agreements. He said Tract 44 has no existing agreement and for that reason some of the Council want to Table the item. Vice Mayor Stein said this Tract is under the Weissing Decision. He said Council is dealing with a developer who has a legal decision and has come in to make a proposition on development. Vice Mayor Stein said in light of the Weissing decision and the developer's cooperation with the City, the petitioner has agreed to comply with the present Code. Petitioner is talking about signs which have been approved by the Beautification Committee and this is basically a waiver of platting. C/M Stelzer said that Vice Mayor Stein was differentiating between someone who has a court order and the items on the agenda that were previously Tabled. C/M Stelzer asked City Attorney Henning if the party needed an agreement and City Attorney Henning said that eventually he will need an agreement; however, the applicant does not owe the City money. Wayne Peterson, Associate of McNab and Associates, said they will be developing this property. He stated that at this point they are in a very preliminary stage. He said they have come voluntarily to the City to discuss plans to cooperate. Mr. Peterson stated they are asking to use the trailer, which is on the site, and be allowed to erect a sign that has been approved by the Beautifica- tion Committee. He said in order to do this, they need a temporary Waiver of Platting. Vice Mayor Stein suggested that Council see the development con- structed. He said this developer has just completed a project similar to the one planned for Tamarac can Pine Island Road and Sunrise, the shopping area has gray buildings and red awnings. Mr. Peterson said they would be willing to sit down with staff. Mayor Kravitz asked City Attorney Henning to read Temp. Reso. #3444 by title. Vice Mayor Stein MOVED for the approval of Temp. Reso. #3444; C/M Bernstein SECONDED. VOTE: ALL VOTED AYE LEGAL AFFAIRS TAPE 21. Lease Purchase Agreements - Temp. Ord. #1164 - Discussion 6 and possible action on a proposed amendment to Charter Section 7.13 to exclude these agreements from requiring voter approval. First Reading. (tabled from 12/12/84) SYNOPSIS OF ACTION: APPROVED on First Reading. Second Reading will be at Reconvened Meeting on 1/16/85 City Attorney Henning referred to his memo. He said about a year ago, Finance requested that Lease Purchase Agreements be taken out of the Charter. He said the Charter says the City cannot borrow funds without voter approval; technically, this would apply to any amount. He said occasionally, there are opportunities to purchase office equipment, etc. where it is advantageous to have lease purchase agreements for one to three years. He said Finance Department asked him to prepare a resolution authorizing a referendum to allow these Lease Purchase Agreements. Mr. Henning said he placed a ceilingof slightly higher than $150,000. He said the Charter Board is considering another amendment to this same section which addresses the cost to the City and would take the grant money and other funds out of the Charter. Mr. Henning said rather than suggest to Council that there be two separate amendments to Chapter 7-13 of the Charter, this Ordinance embodies the cost to the City amendment as well as the lease purchase allowance up to 1-1/2% Vice Mayor Stein stated that Council has not had a chance to read the amendment and he MOVED the approval of Temp. Reso. $1164 on First Reading. C/M Munitz asked if the Charter Board was creating a similar amendment referring to the same section and City Attorney Henning said the Charter Board is addressing this Chapter and their amendment is identical to this. C/M Bernstein SECONDED the MOTION. VOTE: ALL VOTED AYE 22. Redistricting - Temp. Ord. #1165 -- Discussion and possible action to amend Section 2.10 of the Code to remove the requirement that the report by the redistricting committee be adopted by the City Council by ordinance. First Reading. SYNOPSIS OF ACTION: APPROVED on the First Reading. Second Reading will be at the Reconvened Meeting on 1/16/35. City Attorney Henning read Temp. Ord. #1165 by title. City Attorney Henning said this is what he considers a minor "housekeeping" i cera. Ile said i;z t.ie past the redistrictin report had to be approved by Council; however, the new Charter amendment takes that away from Council -24- 12/27/85 /Ir City Attorney Henning said there is no approval authorized by City Council and this amendment will clarify the ordinance so that there is no inconsistency between the Charter and the Ordinance. Vice Mayor Stein said that they are amending the Code. Vice Mayor Stein MOVED for approval of Temp. Ord. #1165 on the First Reading. C/M Munitz SECONDED. VOTE: ALL VOTED AYE 25. Fire Services - Temp. Reso. #3442 -- Discussion and possible g action objectin-to any plans for Broward County to take over municipal fire services. SYNOPSIS OF ACTION: APPROVED Temp. Reso. #3442 stating Tamarac's objection to Broward County take- over of municipal fire services RESOLUTION NO. R-84-421 PASSED City Attorney Henning read Temp. Reso. #3442 in entirety. Vice Mayor Stein MOVED to approve Temp. Reso. #3442; C/M Munitz SECONDED. VOTE: COMMUNITY DEVELOPMENT ALL VOTED AYE . �' in disposition.#-3445 32. D'iscdussionrand possible action Bond T - Warranty - emp. eso tion regarding of a warranty bond posted for public improvements. SYNOPSIS OF ACTION: APPROVED calling Letter of Credit #1402-00304724 in the amount of $58,095.32 if remedial repairs not completed by 1/3/85 or if bond is not extended by that date. RESOLUTION NO. R--84-425 PASSED City Attorney Henning read Temp. Reso. #3445 by title. C/M Stelzer MOVED to call the bond; Vice Mayor Stein SECONDED. VOTE: ALL VOTED AYE 34. University Community Hospital - Discussion and possible action on: a) Release of a performance bond posted for completion of on -site work - Temp. Reso. #3446 b) Release of a performance bond posted for completion of on -site beautification -- Temp. Reso. #3447. SYNOPSIS OF ACTION: APPROVED a) APPROVED releasing a performance bond for on -site work in the amount of $25,000 b) APPROVED releasing of a performance bond posted for com- pletion of on -site beautification in the amount of $28,500 RESOLUTION NO. R-84-427 PA RESOLUTION NO. R-84-428 PASSED a) Mayor Kravitz asked Mr. Henning if there would be a conflict of interest being Mayor and also being on the Board of Trustees of University Community Hospital and Mr. Henning advised Mayor Kravitz to abstain from voting. Mr. Henning read Temp. Reso. #3446 by title. C/M Stelzer asked if there was an agreement with University Community Hospital and Mr. Henning said that there is a Water and Sewer Agreement. *Attachment #1 (Memuxandun of Voting Conflict) -25- 12/27/84 /jc Vice Mayor Stein MOVED to approve Temp. Reso. #3446; C/M Munitz SECONDED. VOTE: C/M Bernstein AYE C/M Munitz AYE C/M Stelzer AYE Vice Mayor Stein AYE Mayor Kravitz ABSTAINED b) Mr. Henning read Temp. Reso. #3447 by title Vice Mayor Stein MOVED to approve Temp. Reso. #3447; C/M Munitz SECONDED. VOTE: C/M Bernstein AYE C/M Munitz AYE C/M Stelzer AYE Vice Mayor Stein AYE Mayor Kravitz ABSTAINED 35. ColonyWest Country Club - Performance Bond - Temp. Reso. #3448- Discussion "and possible action to call a perfor mance bond posted for public improvements. SYNOPSIS OF ACTION: APPROVED calling Letter of Credit #3UFM in the amount of $32,689.50 if warranty bond is not received by 1/2/85. RESOLUTION NO. R-84-429 PASSED Mr. Henning read Temp. Reso. #3448 by title. Vice Mayor Stein MOVED to approve Temp. Reso. #3448; C/M Munitz SECONDED. VOTE: ALL VOTED AYE 36. Swanson West - Performance Bond - Tem . Reso. #3449 - Discussion and possible action to call a performance bond posted for public improvements. SYNOPSIS OF ACTION: APPROVED calling bond 014-739 in the amount of $10,997.25 if not extended by 12/27/84. RESOLUTION NO. R-84-430 PASSED Mr. Henning read Temp. Reso. #3449 by title. C/M Stelzer MOVED that Temp. Reso. #3449 be approved; C/M Munitz SECONDED. VOTE: ALL VOTED AYE GENERAL ADMINISTRATIVE/FINANCIAL 43. Ratification of FOP Contract - Discussion and possible action. Temp. Reso. #3456 SYNOPSIS OF ACTION: Agendized by RESOLUTION NO. R:84-431 PASSED Consent. APPROVED for a term to expire 9/30/86. (see page 1) City Manager Johnson said that they had 13 sessions with the FOP and final settlement has been reached and the contract was ratified last night. He said 26 to 5 was the vote and it was his recommen- dation that the Council ratify the contract. Vice Mayor Stein MOVED the approval of Temp. Ord. #3456; C/M Munitz SECONDED. Mr. Henning read Temp. Reso. #3456 by title. VOTE: ALL VOTED AYE -2 6 - - 12/27/84 /jc 44. Temp. Ord. #1167 - Discussion and possible action on a proposed Charter amendment from the Charter Board pro- posing the creation of Section 5.06 of the City Charter prohibiting elected and appointed officials of the City from interfering with the activities of the City Adminis- tration. First Reading. SYNOPSIS OF ACTION: DENIED on First Reading. (see page 2) Mr. Henning read Temp. Ord. #1167 by title. C/M Stelzer said that the Charter already spells out that Council only has administrative duties and has no right to order anybody in the City to do something. He said all orders must go through the City Manager and he thinks this proposed amendment by Charter Board is uncalled for. C/M Stelzer MOVED that Temp. Ord. #1167 be DENIED; Vice Mayor Stein SECONDED. Mayor Kravitz said by voting yes, Council means no. Vice Mayor Stein said he thinks this is one of the most absurd of all the Charter amendments proposed and it is already in the Charter. Vickie Beech, resident, asked what Council calls citizens inter- fering with administration. Melanie Reynolds, Charter Board member, said this is not in the Charter and the Charter Board took this wording directly from the Cocoa Beach Charter that City Manager Johnson gave them. She said it was more brief and direct and the Charter Board adopted it because in many Charters this provision is included., She said in Tallahassee it is a misdeamor if you interfere and there is no penalty, but they feel that this is necessary as an inclu- sion in the Charter. C/M Munitz asked Mrs. Reynolds why the Charter Board did not act on it and Mrs. Reynolds answered that the Charter Board did not have time. John Allfield, resident, said he was in attendance with the City Manager when the Charter Board changed their proposal to the one from Cocoa Beach. He said the proposal had nothing to do with citizens, it asks that no one goes to any division without asking the City Manager first. He said it sounded good to him and he thought it would be adopted. City Manager Johnson said that he felt that the proposal could be clarified by the Cocoa Beach provision. He said the Charter Board did adopt it and the only thing they changed was that they put the Charter Board in, along with the City Council. VOTE: REPORTS 39. City Attorney Report ALL VOTED AYE Mr. Henning said County Public Hearings will be held on the Sewer Treatment Plant on the first Friday in January and the County has requested a continuance. 38. City Manager Report No report. 37. CiLZ Council Reports C/M Bernstein had no report. C/M Munitz had no report. C/M Stelzer had no report. Vice Mayor Stein said that Concord Village is now in one district for voting purposes. Mayor Kravitz had no report. Mayor Kravitz recessed the meeting until the 5:05 P.M. Public Hearings. -27- 12/27/84 TAPE Mayor Kravitz reconvened the meeting at 5:05 P.M. 7 PUBLIC HEARINGS 40. Zoning Regulations - Temp. Ord.. #1142 - Discussion and and possible action to amend Chapter 28 of the Code to provide for municipal government uses in addition to institutional and educational uses in an I-1 district. Second Reading. SYNOPSIS OF ACTION: APPROVED on Second and Final Reading to provide for municipal govern- ment uses in an I-1 district. ORDINANCE NO. 0-84-70 PASSED Mr. Henning read Temp. Ord. #1142 by title. Mayor Kravitz opened the Public Hearing Melanie Reymonds, Charter Board member, said since this is under the court order of 1973, she does not think Council has the liberty to change it. Mayor Kravitz closed the Public Hearing with no further response. Vice Mayor Stein MOVED the approval of Temp. Ord. #1142 on Second and Final Reading; C/M Munitz SECONDED. VOTE: ALL VOTED AYE 41. City of Tamarac - Rezoning Petition #30-Z-84 - Temp. Ord. #1161 - Discussion and possible action to rezone the City awned lands on the west side of NW 88 Avenue at NW 75 Street (also known as Tract 38--A) from S-1 (open Space/ Recreational) to I-1 (Institutional/Educational). Second Reading. a) Acceptance of Affidavit of Publication and Affidavit of Posting. b) Consideration of application. SYNOPSIS OF ACTION: APPROVED on Second and Final Reading rezoning City owned Tract 38-A. Accepted a) ORDINANCE NO. 0 84-71 _PAS_SEp City Attorney Henning read Temp. Ord. #1161 by title. a) Mayor Kravitz asked City Clerk if Council had the acceptance of the Affidavits of Publication and Posting and Assistant City Clerk answered in the affirmative. C/M Stelzer MOVED acceptance of affidavit of publication and affidavit of posting. C/M Munitz SECONDED. VOTE: ALL VOTED AYE Mayor Kravitz opened and closed the Public Hearing with no response. b) Vice Mayor Stein MOVED to approve Temp. Ord. #1161 on second and final reading; C/M Stelzer SECONDED. VOTE: ALL VOTED AYE IWIVC 12/27/84 /jc 42. Administrative Reduction to Setbacks - Temp. Ord. #1125 Discussion and possible action to create Code Section 28-194.1 to permit administrative reductions to setbacks, establish procedures for application, processing of rulings and appeals. Second Reading. SYNOPSIS OF ACTION; APPROVED Temp. Ord. #1125 on Second and Final Reading as amended. ORDINANCE NO. 0-84-72 PASSED City Attorney Henning read Temp. Ord. #1125 by title. City Attorney Henning said that this Ordinance had been discussed and revised many times. He advised Council that their back-up materials contained the revisions of December 12, 1984. He said at a recent meeting of the Board of Adjustment additional sug- gestions were made, which Mr. Henning had penciled into the copy given to Council. Mayor Kravitz opened the Public Hearings. John Hamilton, member of the Board of Adjustment, said they asked the City Attorney if he would make some minor changes. He said on page 3, item e) they asked that the "Director of Community Development shall convene a meeting of the Board of Adjustment within 30 days", they asked the wording be changed to the effect that the Director would submit it at the next meeting of the Board of Adjustment rather than call a special meeting of the board. John Lachman, member of the Board of Adjustment, said that the Ordinance was issued on 11/2/84 and revised on 12/11/84. He said at the workshop meeting he proposed a change to the Florida Statues to include a self-imposed hardship rather than a non - self -imposed hardship. He said at that time there were 6 people at the meeting and 4 were against going through the delegation to consider this for the hearing of the legislature in April. He said if they went to the legislature with this particular item we may suffer on another item which we may want to pass. Mr. Lachmann said he does not see where this is any change from a previous ordinance where it was called a variance. He said this is called an administrative setback and all Council is doing is changing words and on October 3, 1984, Mr. Henning wrote a letter saying it was illegal, based on the original ordinance covering administrative variances. John Fleming, resident, said he had a few questions regarding this matter. He asked if existing violations will be "grand - fathered" in under this legislation. Mr. Henning said there is no "grandfathering" and existing viola- tions could possibly seek application and would be required to have approvals and notices as specified in the ordinance. He said this is a procedure that provides for an application and approval by the Board of Adjustment. He said there is nothing in the ordinance that would preclude people that have so called violations from applying to receive approval to validate these conditions. He stated that the Board of Adjustment frequently considers variances of present violations, non -conforming uses, that seek approval and they give their approval after the existence of the violation, so that the owner of the property can continue to develop his land within the law. He stated it is not "grandfathered" in, but it can not preclude people from making application to receive approvals. He said that is no different from ordinary variances. John Fleming, resident, asked what due process of law could adjacent property owners have under this ordinance. Mr. Henning said they could appeal to the Circuit Court. He said they have the right to appear and they will be noticed to appear for the hearing and they can state their opinions. -29- 12/27/84 Mr. Fleming, resident, stated he noted the error on page 2, line 33, where the word "may" was used. He said he could accept "shall"; however, he would prefer the word "must". He said page 1, line 29, "an application may be made from a homeowner", he stated that perhaps the Council wanted to use the word "by". Mayor Kravitz closed the Public Hearing with no further response. Vice Mayor Stein MOVED for the approval of Temp. Reso. #1125 as amended on Second Reading. C/M Stelzer SECONDED. C/M Munitz asked Mr. Henning if this is legal. Mr. Henning said yes. He stated that the Board of Adjustment was questioning whether or not it would be more appropriate for them to remain as appellate body or whether the building official should conduct a hearing and stand back. Mr. Henning said that the way Temp. Ord. #1125 stand now he feels it is legal and the Board of Adjustment will be hearing the initial hearing. C/M Munitz asked if on page 3, line 28, the word "lapse" should be "lapsed". Mr. Henning stated it shoud be present tense. He also said he would like to add an i) below h) on page 3, which says that "the decision of the Board of Adjustment shall be final." He said he would ask Council to resolve a discrepancey as to whether or not they want page 2, c) last sentence: "written approval of the adjacent property owner" or do they want "written notice to the adjacent property owners". He said there is also a minor detail as to whether they want mailing costs to be included. Vice Mayor Stein said he thought this was discussed and he sug- gested mailing because there are times when adjacent property owners are out of town. He said the form used for all variances should be used. He said the mailing fee should be paid by the applicant and they should pay a fee of $150 to apply. Vice Mayor Stein said the applicant should pay for the mailing. He said "written notice" should be used rather than "written approval". He said that whatever form the Board of Adjustment is using at the present time for official notice should be the same here. Mr. Henning said that means "notice to the adjacent owners posting of the property, no advertisement, and no mandatory approval of the adjacent owners." C/M Stelzer said there had been several cases regarding Golf Courses where Council had insisted on written approval from adjacent property owners. Vice Mayor Stein said that this Temp. Ord. applies to the Board of Adjustment; this ordinance is not coming to City Council. C/M Bernstein asked if, in the rewording of f) the words "and homeowner's association" are being dropped. Vice Mayor Stein advised C/M Bernstein those words would not be dropped. VOTE: ALL VOTED AYE -30- 12/27/84 /jc COMMUNITY DEVELOPMENT 30. Tom Norris Restaurant -- Revised Site Plan - Temp. Reso. #3453 Discussion and possible action on: a) Revised site plan to reflect addition of a water heater room. b) Water and Sewage agreement SYNOPSIS OF ACTION: TABLED RESOLUTION NO. R-84-432 PASSED_ reconsidered and APPROVED subject to two 4-inch diameter concrete filled pipes being attached to inside of existing curbing. (see page 19) Mr. Rubin, City Planner, said the representative of Tom Norris was in the audience and he asked for reconsideration of this item and addition of a b) item. He said that the b) item would be, acceptance of Water and Sewer Agreement. Mr. Rubin stated that C/M Stelzer was referring to a memo from the Finance Director. He said this morning Council received a letter from the Finance Director stating there was no water and sewer agreement. Mr. Rubin said Council made a policy and said from now on they wanted water and sewer agreements for approval of a project. He said this afternoon the Finance Director corrected his memo saying "in the past there was a water and sewer agreement, however, they do not have a copy in their files". He said Tom Norris paid the water bill of $410.30 outstanding and asked if Council wants to approve the new water and sewer agreement. Mr. Wood, Finance Director, stated that their files indicate that there was an accepted agreement. Vice Mayor Stein said the memo stated the City shows an agreement as completed. He said the agreement was with Tamarac State Enterprises, Inc., which he assumed was Tom Norris. C/M Stelzer asked what a renter has to do with a water and sewer agreement. He said it goes back to the original owner of the property and the City should not demand a new one. Mr. Henning said that City records show that Tom Norris does not owe Tamarac any money. He said there was a water bill a few days overdue and the check was brought in today. He said the purpose of the memo was to indicate to Council whether or not the developer owed the City money; not whether there was a particular contract on file. C/M Stelzer MOVED to remove the item from. TABLE. Vice Mayor Stein SECONDED. VOTE: ALL VOTED AYE Vice Mayor Stein MOVED to approve Temp. Reso. #3453; C/M Stelzer SECONDED. VOTE: ALL VOTED AYE Mayor Kravitz adjourned the meeting at 5:35 P.M. - MX-1,11aw-Re, MAYOR ATTEST: AS ISTANT CITY CLERK This public document was promulgated at a cost of $ 23R.4o or $�-4S 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 TAM C -31- 12/27/84 / C APPROVED. AT MEETING OF Item 34 — University Comunity Hospital FORMA ME- IRANDUM OF VOTIF WCONFLICT wtBT NA E — FMST NAME — MIDDLE NAME AGENCY is unit Of: DATE ON WHICH VOTE OCCURRED []STATE V,t/y1NG ADDRE S NAME OF PERSON Rt i"NO MINUTES 5811 NORTHWEST TH V ❑COUNTY MARILYN BERTHOLF ;ITY Zip COUNTY TITLE OF PERSON RECORDING MINUTES TAMARAC, FLORIDA 33321 BR01iAU ®MUNICIPALITY CITY CLERK SAME OF AGENCY SPECIFY CITY OF TAMARAC ❑OTHER MEMORANDUM OF CONFLICT OF INTEREST IN A VOTING SITUATION [Required by Florida Statutes §112.3143 (1979) ] I you have voted in your official capacity upon any measure in which you had a personal, private, or professional interest which inures to your special private gain or the special private gain of any principal by whom you are retained, please disclose the nature of your interest below. 1. Description of the matter upon which you voted in your official capacity: UNIVERSITY COMMUNITY HOSPITAL — TAMARAC CITY COUNCIL CONSIDERED APPROVAL OF ON —SITE WORK AND RELEASE OF TWO (2) PERFORMANCE BONDS. I ABSTAINED. THE COUNCIL APPROVED THE RELEASE. 2. Description of the personal, private, or professional interest you have in the above matter which inures to your special private gain or the special private gain of any principal by whom you are retained: I SERVE, WITHOUT RENUMERATION, AS A MEMBER OF THE BOARD OF TRUSTEES OF UNIVERSITY COMMUNITY HOSPITAL, 7201 NORTH UNIVERSITY DRIVE, TAMARAC. I RECEIVE NO PERSONAL OR MONETARY GAIN FROM THIS POSITION. 3. Person or principal to whom the special gain described above will inure: SEE #2 ABOVE a.0 Yourself b.❑ x=xxX (NAME) ;IGNATURE DATE ON WHICH FORM 4 WAS FILED WITH THE PERSON t RESPONSIBLE FOR RECORDING MINUTES OF THE MEETING AT �. WHICH THE VOTE OCCURRED: AF December 28, 1984 FILING INSTRUCTIONS This memorandum must be filed within fifteen (15) days following the meeting during which the voting conflict occurred with the person responsible for recording the minutes of the meeting, who shall incorporate the memorandum in the meeting minutes. This form need not be filed merely to indicate the absence of a voting conflict. Florida law permits but does not require you to abstain from voting when a conflict of interest arises; if you vote, however, the conflict must be disclosed pursuant to the requirements described above. NOTICE: UNDER PROVISIONS OF FLORIDA STATUTES 1112.317 (1979). A FAILURE TO MAKE ANY REQUIRED DISCLOSURE CONSTITUTES GROUNDS FOR AND MAY BE PUNISHED BY ONE OR MORE OF THE FOLLOWING: IMPEACHMENT, REMOVAL OR SUSPENSION FROM OFFICE OR EMPLOYMENT. DEMOTION, REDUCTION IN SALARY. RZPRIMAND. OR A CIVIL PENALTY NOT TO EXCEED a6.000. E FORM 4-REV. 12.79