HomeMy WebLinkAbout1990-03-26 - City Commission Special Meeting MinutesCITY OF TAMARAC
CITY COUNCIL SPECIAL MEETING
MONDAY, MARCH 26, 1990
CALL TO ORDER: Mayor Abramowitz called this meeting to
order ori'Monday, March 26, 1990 at 10:30 A.M. in Conference
Room #1 (City Clerk's Office).
PRESENT: Mayor Norman Abramowitz
Vice Mayor Bruce Hoffman
Councilman Dr. H. Larry Bender
Councilman Henry Rohr
Conuncilman Henry C. Schumann
ALSO PRESENT: John P. Kelly, City Manager
Alan F. Ruf, Interim City Attorney
Mike Couzzo, Director of Public
Works/Parks and Recreation
Pauline Walaszek, Secretary
1. MOTION TO ADOPT Temp. Reso: #5746 authorizing the
appropriate_CA officials to execute an agreement with
Broward County relating to issuance of building permits
prior to plat approval for the Tamarac Multi -Purpose
Building.
YNOPSIS OF ACTION: RESOLUTION R-90-85 - PASSED
APPROVED.
Interim City Attorney Ruf read Temp. Reso. #5746 by title.
C/M Rohr MOVED to APPROVE Temp. Reso. #5746 , SECONDED by
* C/M Schumann.
City Manager Kelly asked if Interim City Attorney Ruf read
"while plat recordation" and Interim City Attorney Ruf said
the plat was approved by the County; therefore, the City was
only waiting for its recording.
Interim City Attorney Ruf said this was an Agreement that the
City entered into between the approval of the plat by the
County and the time it was ultimately recorded. He said the
City had an 18 month period with a 6 month extension;
therefore, there was plenty of time to record the plat.
City Manager Kelly said prior to the building beginning there
was an exchange of land; however, the land exchanged to the
City was not properly recorded because the City was working
with the property owner to the south, John Loeffler,
concerning the ingress/egress. He said this matter was
resolved; however, the City was not totally satisfied.
City Manager Kelly said Mr. Loeffler objected to the
ingress/egress on his property being shared with the City. He
said Mr. Loeffler protested to this and took the matter to the
County. He said the City felt that they could resolve this
matter and, after meeting with Mr. Loeffler and Henry Cook
from the County, there seemed to be a resolution that would
have saved the City money and made Mr. Loeffler happy;
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however, the plans were not accepted by the Department of
Transportation. He said the ingress was moved further to the
north which impacted the project with the tennis courts and
the egress was continued through Mr. Loeffler's property. He
said the project would cost more money because of the new
ingress and it would affect the tennis courts.
City Manager Kelly said this was the only plan available and
the City needed the Agreement to pursue this matter prior to
plat approval. He thanked Commissioner Hart for assisting the
City in this matter. He recommended approval of this
Agreement.
Mayor Abramowitz asked if the City could make a change in the
egress and City Manager Kelly replied, no. City Manager Relly
said the property had a median strip that was designed to
allow the flow of traffic in and out of the shopping center.,,
V/M Hoffman said he understood Mr. Loeffler's principal
objection was that using his area as ingress would allow
people to park in his parking lot for the facility. He said
Mr. Loeffler had concerns about having enough parking because
during this time, the idea of eliminating the existing tennis
courts had been thought of.
V/M Hoffman said Mr. Loeffler was aware that there would be
suff:.cient parki:ing� and the ingress would not o through his property;
therefore, the residents would not park on his property.
City Manager Kelly said Mr. Loeffler was not satisfied with
the parking arrangement and the fact that the City had an
agreement with the school regarding parking. At this time,
City Manager Kelly indicated where the ingress/egress would be
in the area by drawing it on the sketch board in the
Conference Room.
City Manager Kelly said when the County reviewed the plans,,
they asked that the ingress be put in a specific place;
however, the egress was a concern.
Mayor Abramowitz asked if the area could be constructed to not
allow the people to go anywhere near the other site.
City Manager Kelly said the people would only be able to make
a right turn to get out of the property; however, this
interfered with the people coming into the site.
Mayor Abramowitz said he would like the engineers to review
this matter to see if something could be designed to minlmite
the potential problem.
V/M Hoffman said this concern had nothing to do with this
agreement and City Manager Kelly agreed.
C/M Bender asked where the median cut would be and City
Manager Kelly said further to the south.
iil*Y44
ALL VOTED AYE
3. DISCUSSION AND POSSIBLE ACTION on proposed
foi"itreet lightimgand sidewalks.
SYNOPSIS OF ACTION:
IDigk&ED staff to submit further information.
bond issues
Mayor Abramowitz said for several years, he has been receiving
a lot of complaints concerning the street light and sidewalk
problems in the City. He said the City was hoping that the 1,1%
Sales Tax increase would be approved; however, it was not. lie
said he would like the City Manager to bring a study of the
costs and locations of street lighting and sidewalks
needed. He said he would like sidewalks placed on main
thoroughfares.
Mayor Abramowitz said he was informed approximately 1-1/2
years ago by the Engineering Department that it would take
approximately 25 years to implement a complete program. j
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Mayor Abramowitz said he would like the City Manager to
provide a study which should include the cost, the areas in
need, how the money could be obtained and how much it would
cost the taxpayer monthly.
City Manager Kelly said there would be a follow up workshop
with the City Council concerning the findings in the study.
C/M Rohr suggested that the City increase the lumins in the
existing lighting and V/M Hoffman said this would be part of
the program.
Mayor Abramowitz said he felt the City needed improvement in
street lighting.
C/M Bender had concerns regarding the size of the poles, etc.
He said in order to increase the lumins, the pools had to be
raised.
Mayor Abramowitz said the City Council and staff heard that
sidewalks were promised during the election. He said this was
not going to continue and he felt sidewalks were needed on the
main thoroughfares. He said the Code presently stated that
new developments in the City would provide their own
sidewalks. He said he would like the City to provide the
sidewalks for those areas that needed it and have the
developers who intend to build in the area repay the City.
v/M Hoffman asked if it was possible to charge the owners of
the adjacent property for the sidewalks that needed to be
installed at this time. He said in the north, there were
assessments made against the property which was improved. He
said putting sidewalks in an area was an improvement, even
though the property may be developed. He asked if the City
could have the existing developments pay for sidewalks.
City Manager Kelly said this matter would be reviewed.
Mayor Abramowitz said the City needed sidewalks and street
lighting and this matter should not be delayed.
The City Council DIRECTED the City Manager to submit reports
on the need, cost and recommendation for sidewalks and street
lighting in the City.
2. DISCUSSION AND POSSIBLE ACTION on compensation for the
Interim City"Attorney.W
SYNOPSIS OF ACTION:
AUTHORIZED the Finance Department to compensate Alan F.
Ruf from 1/23/90 to 3/26/90 at $100.00 per hour and
continue this relationship at $100.00 per hour with Mr.
Ruf as Interim City Attorney until the City Council
decides on the City Attorney position.
City Manager Kelly said the City Council should have two
memorandums; one from Alan F. Ruf to Mayor Abramowitz
and the other from his Office supporting the letter sent to
Mayor Abramowitz.
City Manager Kelly said the City Council was being asked to
approve the billing rate at $100.00 per hour. He said the
City Council's authorization was needed to provide Interim
City Attorney Ruf payment January 23, 1990 to March 15, 1990.
Mayor Abramowitz asked if the City Council approved the
payment to Interim City Attorney Ruf at a previous City
Council meeting.
Interim City Attorney Ruf said the rate of $100.00 an hour was
approved by the City Council for his work as a consulting
attorney; however, he did not believe that his compensation
was finalized.
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Mayor Abramowitz said Interim City Attorney Ruf identified the
City Attorney Budget in his memorandum to Mayor Abramowitz.
He said there would be a savings by continuing the services of
! Interim City Attorney Ruf. He said the City Attorney's Office
would only have one secretary as opposed to two. He said
there would be a savings in FICA of approximately $4,000.00,
$1,500.00 for Pension Contributions, $5,000.00 in deferred
compensation, no benefit options, no automobile allowance,
meetings and seminars, dues and membership and educationajl
expenses totalled $23,240.00 for the balance of this year.
City Manager Kelly said he reviewed the proposal by Interim
City Attorney Ruf and he figured that there were approximate y
28 weeks remaining in this year. He said at a rate of $100.4
per hour for 4 hours per day, 4 days a week, the cost would be
$1,600.00, which was a total of $43,200.00. He said this cost
minus the savings would provide a net cost of $19,960.00 for
the balance of the fiscal year.
City Manager Kelly said he felt the City was well served y
Interim City Attorney Ruf because of his intimate knowledge f
the City's operation and his working relationship with the
Department Heads. He said Interim City Attorney Ruf was able
to process matters without a lengthy review, which was needed
by a new attorney.
City Manager Kelly said until the Charter recommendations were
reviewed, which contained a recommendation regarding an In-
house City Attorney, he suggested the City Council continue
the services of interim City Attorney Ruf. He said there were
several applications for the City Attorney position; howevet,
some people have held back in making application to the City
j for the position because they were waiting to see what the
City Council was going to do. He suggested Interim City
Attorney Ruf continue in this position until the City Council
made a final, determination concerning the City Attorney
position.
C/M Rohr asked if the in-house work was being accomplished by
having and interim City Attorney and City Manager Kelly sad
he was very satisfied with the services.
City Manager Kelly said because Interim City Attorney Ruf wOs
familiar with the City's business, research was not needed for
certain matters. He said Interim City Attorney Ruf had a lot
of experience the City could rely on.
City Manager Kelly said Interim City Attorney Ruf was now
serving the City and negotiations for next Fiscal Year were
beginning. He said the negotiations could be done while
Interim City Attorney Ruf was serving the City on an interim
basis.
City Manager Kelly said having Interim City Attorney Ruf In-
house at this time was beneficial because it would assist the
City in getting the work done. He said the Department Heads
were asked to schedule their days to coincide with Interim
City Attorney Ruf to avoid additional costs. He said interim
City Attorney Ruf would be working Monday through Thursday
from 8:00 A.M. to 12:00 P.M.
Mayor Abramowitz said he was very uncomfortable in not having
a full-time Attorney because he felt secure having an in --house
Attorney. He said he wanted a legal opinion on his actions;
however, there were a few things that made him change his
mind. He said one thing was a close association with the City
Manager and a report that everything was being done in the
Departments. He said Interim City Attorney Ruf has served os
the City's consulting Attorney during Union negotiations,
which was costly and timely. He said Interim City Attorney,
Ruf would be able to do the Union work while he was acting Os
Interim City Attorney.
V/M Hoffman asked if the City Council would be setting
compensation for Interim City Attorney Ruf while he was acting
in this position.
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v/M Hoffman asked if the relationship with Interim City
Attorney Ruf would cease if the City Council decided to hire
and in-house Attorney and City Manager Kelly agreed.
C/M Rohr said he was comfortable with the City Council having
the ability to decide who should be City Attorney until a
decision regarding the position was made. He said this gave
the City Administration more latitude and he hoped this would
be resolved in the future.
* V/M Hoffman MOVED to APPROVE the compensation for Interim
* City Attorney Ruf at $100.00 per hour and DIRECT the Finance
* Director to pay Interim City Attorney Ruf what was due from
January 23, 1990 until such time he was no longer acting as
Interim City Attorney.
Mayor Abramowitz said he would like the Motion to include what
was now due to interim City Attorney Ruf and V/M Hoffman said
there should be two Motions made.
* V/M Hoffman AMENDED his Motion to APPROVE the payment of
* $100.00 per hour to Interim City Attorney Ruf for the time
* spent from January 23, 1990 until March 26, 1990, SECONDED
* by C/M Rohr.
VOTE:
ALL VOTED AYE
* V/M Hoffman MOVED to APPROVE compensating interim City
* Attorney Ruf at $100.00 per hour from March 27, 1990 until
* the City Council decides on the in-house City Attorney
* position, SECONDED by C/M Rohr.
VOTE:
ALL VOTED AYE
City Manager Kelly asked if Interim City Attorney Ruf would
provide the City with his associates to represent the City
during the time the City Council and Interim City Attorney Ruf
took their vacations.
Interim City Attorney Ruf agreed.
AGENDIZED BY CONSENT
4. DISCUSSION AND POSSIBLE ACTION concerning the need for
five '(5) tennis courts at the Tamarac Sports Complex
(TRACT 27).
SYNOPSIS OF ACTION:
DIRECTED the City Manager to Agendize this item for the
March 28, 1990 City Council Regular Meeting.
Mayor Abramowitz said during the past two years, there has
been a lot of discussion and complaints concerning the City
providing more tennis courts for the residents. He said
because of the action taken by Broward County, it became
necessary to eliminate the existing tennis courts at Tamarac
Park.
Mayor Abramowitz said the Parks and Recreation Department
submitted a study regarding the installation of 5 tennis
courts at The Tamarac Sports Complex (Tract 27). He asked
the City Council to direct the Parks and Recreation
Department to go out to bid on 5 tennis courts at The Tamarac
Sports Complex for the residents.
V/M Hoffman asked if the City Council could give this
direction without a formal resolution.
Mayor Abramowitz said he needed a sense of direction from the
City Council concerning this matter.
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V/M Hoffman said as Liaison to the Parks and Recreation
j Board, he felt the tennis courts were needed for a long time
and he would approve it. He asked City Manager Kelly to put
this Item on the March 28, 1990 City Council Agenda.
Mayor Abramowitz said the City was informed that the existing
tennis courts could remain at Tamarac Park until the Multi -
Purpose Complex was completed; however, the matter concerning
the County and the adjacent property owner would not allow
this.
Mayor Abramowitz said the tennis courts were needed for
everyone in the City and he suggested the City Manager
contact the various communities and ask if they would allow
people to play tennis on their courts at the communities
discretion.
V/M Hoffman asked how long it would take to install thel5
tennis courts and Mike Couzzo, Director of Public Works/Parks
and Recreation, said it would take approximately 6 months.
V/M Hoffman asked if lights would be provided on some ccurts
and Mayor Abramowitz said the specifications would be
submitted to the City Council when available.
Mayor Abramowitz said he would like the City to contact the
areas that have tennis courts that were not being used to soe
if the residents could use the unoccupied courts until the
tennis courts at The Tamarac Sports Complex were ready. He
said he wanted the residents to get what they have been
promised for several years.
C/M Bender suggested that the City investigate the ability
for the residents to use the private courts that were not
being used.
Mayor Abramowitz said if 5 tennis courts were provided, it
would be three additional tennis courts than what the
residents previously had.
C/M Rohr asked if the communities allowing the residents �c
use the tennis courts would be liable for any mishappeninis
and interim City Attorney Ruf said the attorney for a
community would ask for a Hold Harmless Agreement.
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V/M Hoffman said he asked that a few Ordinances be drafted
for the City Council and he asked if the Ordinances for
parking on grass and feeding of cats were being drafted.
Interim City Attorney Ruf said the City Council indicated
that they would be calling a Workshop meeting concerning on
Ordinance for parking on grass.
V/M Hoffman asked if a Workshop meeting on this ordinancte
could be called and Mayor Abramowitz replied, yes.
Interim City Attorney Ruf said he has not drafted on
Ordinance concerning the feeding of cats; however, if the
City Council wanted this done, he would have it created.
V/M Hoffman said the City Council discussed an Ordinance for
the feeding of cats at a previous Special Meeting and Interim
City Attorney Ruf said he did not believe there was a
concensus by the City Council supporting this Ordinance.
V/M Hoffman said he felt that both of these Ordinances
affected the homeowners more than condominium residents.
Mayor Abramowitz said after the meeting, the City Council
should review their calendars to see when a Workshop meeting
could be held on these Ordinances.
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With no further business, Mayor Abramowitz ADJOURNED this
meeting at 11:20 A.M.
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..,
N RMAN AHRAM_.
OWiT , MAYOR
CXROL A. EVANS, d-I TY CLERK
"This public document was promulgated at a cost of $38.04 or
$4.67 per copy to inform the general public, public officers
and employees of recent opinions and considerations of the
City Council of the City of Tamarac."
CITY OF TAMARAC
APPROVED AT MEETING OF
City Clerk
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