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HomeMy WebLinkAbout1985-09-30 - City Commission Reconvened Regular Meeting Minutes- It MAIL REPLY TO P.D. BOX 25010 TAMARAC, F LORIDA 33320 REVISED 9/30/85 September 27, 1985 NOTICE OF RECONVENED CITY COUNCIL MEETING There will be a Reconvened City Council meeting on Monday, September 30, 1985 at 9:30 A.M. in the Council Chambers of City Hall, 5811 NW 88 Avenue, Tamarac, Florida. The items remaining from the Council Agenda of September 26, 1985 to be considered are as follows: 8. Tamarac Park Recreation Buildinq - Report by Chief Building Official. Discussion and possible action. 9. Municipal Com lex - action on: a) Authorization to as a loan against proceeds instead Fund Discussion and possible charge architectural expenses the General Obligation Bond of charges to the General b) Approval of working drawings 12. Lot Clearing Fees - Tem . Reso. #3782 - Discussion and possible action to amend the rates being charged for clearing of vacant lots by City personnel in accordance with Section 11-13 of the Code. 20. University Community_ Hospital - Rezoning Petition #17-Z-85 - Tem Ord. #1220 - Dis- cussion and possible action to rezone lands at the rear of the Hospital property, extending approx- imately 336.7-feet west of the west property line of the Hospital, from R--4A (Planned Apartments) to B-6 (Business District), utilizing the 5% flex- ibility rule for commercial development in residential land use area not to exceed 10 acres. Second Reading. a) Acceptance of Affidavit of Publication and Affidavit of Posting. b) Consideration of application (Public Hearing was held 9/26/85) 33. University Community Hospital - Tem Reso, #3769 -- Discussion and possible action on a Declaration of Unity of Title. 24. Tamarac Utilities West - Tem Reso. #3765 - Discussion and possible action to establish and modify certain water and sewer service rates and charges applicable to customers west of State Road 7. PAGE TWO 9/30/85 27. City Attorney Professional Services - Discussion and possible action to approve payment of the following invoices from Alan F. Ruf: a) Invoice in the amount of $873.75 for City Prosecution services b) Invoice in the amount of $3,222.00 for Consulting Attorney services If 49. Sewer Use Procedures and Charges - Temp. Ord. #1216 -- Discussion and possible action to amend Chapter 27 of the Code pertaining to rates and charges, service, billing, new development and wastewater discharge standards. First Reading. This Ordinance is necessary in order to receive Water Pollution Control Construction grants from the U.S. Environmental Protection Agency and the Florida Department of Environmental Regulation. The City Council may consider and act upon such other bus- iness as may come before it. The public is invited to attend. Carol E. Barbuto Assistant City Clerk PUBLIC HEARING There will be a Public Hearing held on the Budget tonight at 6:00 P.M. in Council Chambers of City Hall. 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 sa,tc4j meeting or hearing, he will need a record of the pi, mac irig, anti fc: r s;arh purpose, he may ne,_.,(i to ensaire tl,It a vC^rba#i;zi ,ec,rd sslcls:l s the testimony and eria ence upt)c•a wN- t;h j-lje appeal is to be. based. P] CITY OF TAMARAC, FLORIDA Ll LJ RECONVENED CITY COUNCIL MEETING September 30, 1985 (from 9/26/85) Tape 1 CALL TO ORDER: Mayor Kravitz called the meeting to order at 9:30 A.M. on Monday, September 30, 1985 in the Council Chambers. ROLL CALL: PRESENT: ALSO PRESENT: Mayor Philip B. Kravitz Vice Mayor Helen Massaro Councilman Arthur H. Gottesman Councilman Raymond J. Munitz Councilman Sydney M. Stein Larry Perretti, Acting City Manager Jon M. Henning, City Attorney Carol E. Barbuto, Assistant City Clerk Patricia Marcurio, Secretary MEDITATION AND PLEDGE OF ALLEGIANCE - Mayor Kravitz called for a Moment of Silent Meditation followed by the Pledge of Allegiance. COMMUNITY DEVELOPMENT 54. Special Ex Restaurant Restaurant action. aeon Trans r and to Andreas Athanaso oulos d b a Andreas Famous - Temp. Reso. #3741 - Discussion and possible SYNOPSIS OF ACTION: Agendized by Consent. (See Page 4) k V/M Massaro MOVED to Agendize by Consent discussion and possible action on this item, SECONDED by C/M Gotteman. VOTE: LEGAL AFFAIRS ALL VOTED AYE 55. Authorization for Filing of Counter Claims against Steve Wood former Finance Director - Discussion and possible action. SYNOPSIS OF ACTION: Agendized by Consent. (See Pages 8 & 9) V/M Massaro MOVED to Agendize this item by Consent, SECONDED by C/M Gottesman. VOTE: ALL VOTED AYE GENERAL ADMINISTRATIVE FINANCIAL 8. Tamarac Park Recreation Buildin - Report by Chief Building Official. Discussion and possible action. SYNOPSIS OF ACTION: The Chief Building Official gave a report. Bob Jahn, Chief Building official, said his report concerns the prices for the asphalt shingles for the roof. He said he received two of the three quotes, -which are: 1. Inc. 611, 2. 4,92-6 (i0 -'R.& R (Reno Roofing) 1 9/30/85 /pm Mayor Kravitz asked if Mr. Jahn had a recommendation and Mr. Jahn said legally he must wait for the third quote before he can make a recommendation. V/M Massaro suggested Mr. Jahn determine the responsibility of the people giving the quotes to avoid any problems. Mr. Jahn said both of these contractors have been used previously with no complaints. 9. Municipal -.Complex - Discussion and possible action on: a) Authorization to charge architectural expenses as a loan against the General Obligation Bond proceeds instead of charges to the General Fund b) Approval of working drawings SYNOPSIS OF ACTION: a) The Finance Director was authorized to charge the architectural expenses, excluding the working drawings, as a loan against the general obligation bonds. b) The working drawings are not acceptable in the present form. C/M Stein said Touche Ross has cautioned the City that two sets of plans cannot be charged against the bonds. He asked if there is anything wrong with charging the entire amount of $300,000 against the bonds and, if and when new plans are ordered, that could then be taken from the General Fund. Frank Etheredge, Finance Director, said as long as no decision is made concerning the plans, this could be done. V/M Massaro said the balance is already charged against the bond issue. C/M Stein said since it is possible that the City will not proceed with the Municipal Complex at this time, it would be more honest to charge the entire $300,000 against the bond issue. V/M Massaro said she does not think that would be honest because the working drawings are not good and she would rather not leave the impression that they are acceptable. She said it should first be determined whether the plans and working drawings are acceptable or not. Mr. Henning said the b) item concerns approval of the working drawings and, if that were Tabled with no comment, C/M Stein's reasoning would prevail. He said if there is discussion and a general disagreement that the plans as they are now are unaccept- able, then there is an indication that there will be an additional expenditure. He said Council could also reject the working drawings. Mr. Etheredge noted that whatever action Council takes will not affect the tax rate because, if the building is not planned for a year, the bonds will not be issued for a year; therefore, the money will not be given back. C/M Stein said if the $300,000 amount is shown as a loan there should be $300,000 less to make up. He said if it is shown as an expenditure then that money must be gotten to pay for it. Mr. Etheredge said the money has already been spent. I. Mr. Henning said assuming there is a loan of $300,000, that money will be paid back eventually and, when it is paid back, he asked where that money will go. Mr. Etheredge said the money would go back to the General Fund and be part of the Surplus Account. Mr. Henning said whenever it is received it will follow over to the next year to help reduce taxes the year after it is received and Mr. Etheredge said that is correct. 2 9/30/85 /pm,. C/M Munitz said this total of $300,000 has been charged against the General Fund and Mr. Etheredge said it has in this year's budget. He said if it were not charged in this year's budget it would leave that much more of a reserve. Mr. Etheredge said he would have more of a reserve but it could not be spent this next year since it would be tied up in Long -Term Receivables. He said if the $300,000 was appropriated for use, he would have to go to another fund and borrow the money for the General Fund. C/M Gottesman said this $300,000 has already been spent and what has been suggested is that it be held as a loan and not pay it in 1985/86 but worry about it next year if the City proceeds with the bonds. He said at that time, the money would be taken from the bonds to repay this loan. V/M Massaro said that is not what is being suggested. V/M Massaro said she objects to anything being done that is not being defined now. Mayor Kravitz asked Mr. Etheredge if there are any funds that have the kind of money that can be used for this and Mr. Etheredge said if it is just a short term such as one year, it could be borrowed from the Utilities Fund. Mayor Kravitz asked if there is a Reserve Account that can be used and Mr. Etheredge said he might be able to borrow from the Parks and Recreation Fund. Mayor Kravitz said if the working drawings are approved, they could be an asset value that could be replenished. V/M Massaro said the working drawings have been reviewed at a Workshop Meeting and she MOVED that the working drawings are not acceptable in their present form. She said that would have no effect on the other items that were approved up to the working drawings. She said those portions are on hold until a final determination can be made with the architects as to what is due the City, the architects, etc. SECONDED by C/M Stein. Vickie Beech, resident, asked in the event time prevents Council from proceeding with the Municipal Complex, by charging the expense to the General Obligation Bonds, would not that force the City to issue the bonds even though the City may not want to. Mayor Kravitz said no; when and if the bonds are issued, at that time it could be put back in the receivables. C/M Munitz asked if the MOTION is rejecting the working drawings in their entirety and Mayor Kravitz said the City Attorney must determine the particulars. Mr. Henning said the City has been carrying an invoice for several months from the architects which is the final payment for the working drawings. He said obviously, that payment will be made only if the drawings are acceptable in their final form. He said Council is not ignoring the invoice and he will work with the architects to work out the arrangements. Mr. Etheredge said by this action, he is advised that Council wants the amount carried forward to be $162,000 and not $300,000. VOTE: ALL VOTED AYE V/M Massaro MOVED that the Finance Director be authorized to charge the architectural expenses, excluding the working drawings, as a loan against the General Obligation Bond, SECONDED by C/M Gottesman. VOTE: ALL VOTED AYE 3 9/30/85 /pm COMMUNITY DEVELOPMENT 54. Special Exception Transfer for Beer and wine from Boardwalk Restaurant to Andreas Athanaso oulos d b a Andre's Famous Restaurant - Temp. Reso. #3741 - Discussion and possible action. SYNOPSIS OF ACTION: Agendized by Consent on Page 1 APPROVED. RESOLUTION NO. R-85-300 PASSED. Mayor Kravitz read Temp. Reso #3741 by title. C/M Gottesman asked the applicant if he is aware of the hours of operation and Mr. Athanasopoulos said his restaurant will be closed at 9:00 P.M. C/M Gottesman MOVED APPROVAL of Temp. Reso. #3741, SECONDED by C/M Munitz. VOTE: ALL VOTED AYE 20. University -Community -Hospital -- Rezoning -Petition #17--Z-85 - Temp. Ord. #1220 - Discussion and possible action to rezone lands at the rear of the Hospital property, extending approximately 336.7-feet west of the west property line of the Hospital, from R-4A (Planned Apartments) to B--6 (Business District), utilizing the 5% flexibility rule for commercial development in residential land use area not to exceed 10 acres. Second Reading. a) Acceptance of Affidavit of Publication and Affidavit of Posting. b) Consideration of application (Public Hearing held 9/26/85) SYNOPSIS OF ACTION: TABLED until all appropriate materials have been delivered to the City and examined by the City Attorney. Mr. Henning said Temp. Ord. #,1220 was read by title into the record at the 9/26/85 Council meeting and the City has requested a Deed Restriction regarding the parking use. He said it is his recommendation that the item be Tabled to the next regular Council meeting so that Mr. Ruf can meet with the Hospital's attorney. V/M Massaro MOVED to TABLE this item until all the appropriate materials have been delivered to the City and examined by the City Attorney. SECONDED by C/M Munitz. VOTE: ALL VOTED AYE 33. University Community Hospital - Temp.-Reso. #3769 - Discussion and possible action on a Declaration of Unity of Title. SYNOPSIS OF ACTION: TABLED until all appropriate materials have been delivered to the City and examined by the City Attorney. Mr. Henning said the Declaration of Unity received by the City and appears to be in relates to Item 20, he suggested this item of Title has been order; however, since it be Tabled as well. 1 rN 9/30/85 /Pm �~ V/M Massaro MOVED to materials have been Attorney. SECONDED VOTE: UTILITIES WEST TABLE this item until all appropriate delivered to the City and examined by the City by C/M Munitz. ALL VOTED AYE 24. Tamarac_iltilities West -- Temp. Reso. #3765 - Discussion and possible action to establish and modify certain water and sewer service rates and charges applicable to customers west of State Road 7. SYNOPSIS OF ACTION: APPROVED RESOLUTION NO. R-85-299 PASSED. as amended. Mr. Henning read Temp_. Reso. #3765 by title. Mr. Henning said there was a subsection added to the Resolution recently which has the user rates unchanged for the east side of the City. He said the language which has been added concerns some of the requirements and specifications. He referred to the new Page 2, "K - Reimbursement for Extra Expenses"; in the old draft, this was $10.00 for a normal hour and $20.00 for an overtime hour. He said the Utility Department is proposing that there be a rate schedule, which is the bottom half of the new Page 2. He said this is a more explicit charging of the various hourly rates depending on the equipment used and the expertise of the employee that is needed. He said that is the only amendment that is in the revision dated 9/27/85. V/M Massaro referred to Page 1, "D -- Commercial Water Rates" and she questioned why a 3-inch meter would be $1,703.00 per month and a 6-inch meter would only be $86.00. Bill Greenwood, Utilities Director/City Engineer, said the only 3-inch meter within the City presently is at University Hospital and the basic charge is based upon historical data and demand upon the system. He said the existing 6-inch meters within the City are for fire protection and there is a separate charge for fire protection only. Mr. Henning suggested the following language be added on Line 24, after "6-inch meter", "(non -consumption - fire protection only)". Tape 2 He asked Mr. Greenwood if it would be standard to have a sewer charge as well as the fire protection charge for these meters and Mr. Greenwood said yes, for any consumption involved even though the water will be going back into the sewer. Mr. Henning said the same language addition of "(non -consumption -- fire protection only)" should be added to Line 26 of the old Page 2. V/M Massaro MOVED APPROVAL of Temp. Reso. #3765 as amended. SECONDED by C/M Gottesman. Bruce Hoffman, resident, asked if the rates are being established based on the budget that was presented at the last public hearing and Mayor Kravitz said no. Frank Etheredge, Finance Director, said these rates were developed through the James M. Montgomery engineering study which anticipates this year's operations. 5 9/30/85 /Pm Mr. Etheredge said the major reasons for the increase are the debt service coverage and the new projects being budgeted for the coming year. Mr. Hoffman suggested approval of this Resolution be held for the Public Hearing scheduled for tonight. VOTE : C/M Stein Nay C/M Munitz Nay C/M Gottesman Aye V/M Massaro Aye Mayor Kravitz Aye LEGAL AFFAIRS 27. C t7 Attorne Professional Services - Discussion and possible action to approve payment of the fo F. Ruf: llowing invoices from Alan a) Invoice in the amount of $873.75 for City Prosecution Services b) Invoice in the amount of $3,222.00 for Consulting Attorney services SYNOPSIS OF ACTION: APPROVED both invoices providing the amounts are broken down into Proper accounts. Mr. Henning said this was discussed at the 9/26/85 Council meeting and approved. Carol Barbuto, Assistant City Clerk, said there were 3 bills included on the Council agenda of 9/26/$5; however, only 1 bill was approved. V/M Massaro said she had approved the 1 invoice on 9/26/85 by mentioning only the 1 check request number and she MOVED APPROVAL of both invoices in the amounts of $873.75 and $3,222.00 respec- tively. SECONDED by C/M Gottesman. Mrs. Barbuto brought to Council's attention that the invoice in the amount of $3,222.00 has not been broken down completely and V/M Massaro requested the SECOND allow amendment of the MOTION to only pay the invoice in the amount of $873.75, holding the invoice for $3,222.00 until such time as the Finance Department breaks this down into line items. C/M Gottesman, as the SECOND, APPROVED the Amendment to the MOTION. Mayor Kravitz asked Mr. Etheredge if items can be approved to go into the budget ending 9/30/85 and Mr. Etheredge said he can still Put this into the budget. V/M Massaro said her original MOTION would then stand to APPROVE both invoices and C/M Gottesman agreed as the SECOND. VOTE; ALL VOTED AYE 1 1 I 11 9/30/85 /pm UTILITIES 49. Sewer Use Procedures and Char es - Temp. Ord. #1216 - Dis- cussion and possible action to amend Chapter 21 of the Code pertaining to rates and charges, service, billing, new development and wastewater discharge standards. First Reading. This Ordinance is necessary in order to receive Water Pollution Control Construction grants from the U.S. Environ- mental Protection Agency and the Florida Department of Environmental Regulation. SYNOPSIS OF ACTION: APPROVED on first reading. Mr. Henning read Temp. Ord. #1216 by title. Mr. Henning said this concerns regulations required by the Government agencies because of the grant applications. He said this does not relate to dollar figures of rates but gives certain requirements as to what can go into the sewer system and basic rules. V/M Massaro asked Mr. Greenwood what this means to the City and Mr. Greenwood said this is classified by the State as a "Sewer Use Ordinance" which stipulates what can be placed into the sanitary sewer. He said there is little effect on residential homes and the Government is mainly interested in having the City charge for a commercial or industrial establishment's strong waste materials. He said there are provisions to prohibit industrial customers from depositing heavy metals and other toxic substances such as insecticides, herbicides and pesticides into the sanitary sewer system. V/M Massaro asked how this is monitored and Mr. Greenwood said the permit provisions required by the State Government for industrial customers now require analysis and the Utility would have to monitor these customers. He said instead of an industrial customer connecting into a sewer as a residential customer would by a connection into the main line, they are required to connect into a monitoring manhole where an automatic sampler can be placed to take samples on a 24-hour basis. He said at present, Tamarac does not have any strong industrial customers within the system. V/M Massaro MOVED APPROVAL of Temp. Ord. #1216 on first reading, SECONDED by C/M Stein. VOTE: ALL VOTED AYE GENERAL ADMINISTRATIVE FINANCIAL 12. Lot_Clearina Felts - Tem Reso. #37 2 - Discussion and possible action to amend the rates being charged for clearing of vacant lots by City personnel in accordance with Section 11-13 of the Code. SYNOPSIS OF ACTION: (See Pages 8 & 9) HELD for later in the day. Mr. Henning read Temp. Reso. #3782 by title. Mr. Henning said he was asked to make a revision to Line 20, as a revision to the mowing charges. 7 9/30/85 /pm Mr' Henning said the rate schedule for acreage size rather than an hourly mowing by Public y charge g is based on the Works and other staff membersge toa�s a for that work. Proposal actual cost to the City there has been an itemization�of 00 phe hour charge plus the Y of approximately $75.40 per notices costs of administration P hour labor Per hour with He said the language Postage for mailing increments thereafherashallnb�umaandstates, "A flat rate of half hour $95.00 by City employees. Said chargescharged for all mowing and material, clearing machinery and administrative otshll include labor, material, Mr. Henning said there are t wo and one for clearing. He said theclearinrate gan hourly rate as indicated. one for mowing when the Cit He said the g charge will stand as and this y cites a propertymowing charge is would be a $95.00 owner for mowing an unsightly lot given e previously read would replaceer oLinesur arge" He said the language Reso. #3782. 20 through 25 on Temp C/M Gottesman suggested the title ma the Resold removing and the words C/M Stein concurred. from V/M Massaro said in some cases there is mowing in those cases, there will be equipment chargs. Sand heesu suggested and, for later in the day. ggested LEGAL AFFAIRS 55. Authorization for Fi1in Steve Wood former FinancefDlosssr Claims a action. ainst Discussion and possible SYNOPSIS OF ACTION; Agendized b Alan RUf, Consultant Attorney, Consent on page 1 was authorized to file counter clai against Steve Wood. claims v/olatisaro said appropriate action should be Consultant against e City Charter and she MOVED kthat Alan en nRuf, the action to fiitycoAttorney, should be authorized to take appropriate Director. SECONDED b ims against Steve Wood Financ Y C/M Gottesman. ' former Finance C/M Munitz asked if counter claim Mr. Ruf has recommended the City Presentation band V MbMassaro said no, s file a Y Mr. Ruf concerning tMunitz suggested a Vickie Beech g his. employees are residsnt,faskeduif a release n obtained when City times when a release is negotiatednand rthere nar action is taken regardless of a g said there are not receive a release. a times when a settlement oreneeastiat°�nMr" Wood because the the City did some negotiation which was not acceptable. Mr. sold_ City did not have He said there was Ed Solomon, resident, asked if the City attempted to get a release from Mr. Wood an agreement was not reachedand , Henning said what he accrued in vacation leave it was attempted but He said Mr. Woad only received and amount, did not receive a reverence 8 9/30/85 /pm 11 Mayor Kravitz asked if Mr. Wood received 4 weeks severence pay, would that be equivalent to a release and Mr. Henning said no, a release is a document the person signs. He said if severence pay is given it is done at the discretion of the City Manager. C/M Munitz suggested this item be Tabled for a presentation by Alan Ruf. Mayor Kravitz noted that there was already a MOTION and a SECOND on the floor. VOTE: C/M Stein Aye C/M Munitz Nay C/M Gottesman Aye V/M Massaro Aye Mayor Kravitz Aye Mr. Perretti said he checked with the Finance Department and Mr. Wood received only his vacation and salary due him with no severence pay. GENERAL ADMINISTRATIVE FINANCIAL 12. Lot Clearin Fees - in--t� 782-Discussion and possibleaction to aates being charged for clearing of vacant lots by City personnel in accordance with Section 11-13 of the Code. SYNOPSIS OF ACTION: (See Pages 7 & 9) APPROVED as amended. RESOLUTION NO. R-85-298 PASSED. C/M Gottesman MOVED APPROVAL of Temp. Reso. 13782 with the following amendments: Page 2, Lines 17, 18 and 19 replace Lines 20 through 25 of the original Resolution. V/M Massaro SECONDED the MOTION. Jack Stelzer, resident, asked if the City will be locked into the amount of $95.00 per hour even if outside companies are used for the mowing of lots. V/M Massaro said the $95.00 amount is for City employees only because they will be working overtime. She said the City is not looking for this work and if it must be done, the property owner will have to pay time and a half to the City employees involved. Mr. Stelzer asked how many people will work for $95.00 per hour and V/M Massaro said as many as can be put on the project. Mr. Henning said that amount is for a full crew except an additional charge if the hydro -vac or jet -vac are needed. VOTE: ALL VOTED AYE 07 9/30/85 /pm Mayor Kravitz adjourned the meeting at 11:05 A.M. MAYOR ATZEST: I T Y CLERK -- _ This public document was promulgated at a cost of $94.81 or $2.63 per copy to inform the general public and public officers and employees about recent opinions and considerations by the City Council of the City of Tamarac. CITY OF TAMARAC A VED ATM TING Of 4-5- City Cler L� 1 W 9/30/85 /pm