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HomeMy WebLinkAbout1991-10-28 - City Commission Workshop Meeting MinutesCITY OF TAMARAC 7525 Northwest 88 Avenue Phone (305) 722-5900 Tamarac, Florida 33321-2401 R Fax (305) 722-4509 October 25, 1991 NOTICE OF WORKSHOP MEETING CITY COUNCIL OF TAMARAC, FLORIDA There will be a Workshop Meeting of the City Council on Monday, October 28, 1991, at 9:00 a.m. in the Conference Room #1, Tamarac, City Hall, 7525 N.W. 88 Avenue, Tamarac, Florida. The Purpose of this meeting is: 1. DISCUSSION on proposed Charter Amendments. 2. DISCUSSIOg regarding the sale of the old City Hall. 3. DI3CUg,SI on sale of the old Public Works site. 4. PIMLIC PARTICIPATION - Any member of the public may speak to any issue which is on this meeting notice. Speakers will be limited to three minutes during this item and at public hearings. There will be a thirty (30) minute aggregate time limit for this item, and speakers are encouraged to sign up in advance with the City Clerk prior to their participation. The City Council may consider such other business as may come before it. In the event this agenda must be revised, such revised copies will be available to the public at the City Council meeting. Pursuant to Chapter 286.0105, Florida Statutes, if a person decides to appeal any decision made by the City Council with respect to any matter considered at such meeting or hearing, he may need to ensure that a verbatim record of the proceedings is made which record includes the testimony and evidence upon which the appeal is based. _ � a -Asa' *arl A. Evans City Clerk CAE /kjE CITY OF TAMARAC IS AN EOUAL OPPORTUNITY EMPLOYER AND DOES NOT DISCRIMINATE ON THE BASIS OF HANDICAPPED STATUS City Council Workshop Meeting 10/28/91/KJ Page 1 CITY OF TAMARAC, CITY COUNCIL WORKSHOP MEETING MONDAY, OCTOBER 28, 1991 CALL TO Q UM: Mayor Abramowitz called this meeting to order on Monday, October 28, 1991 at 9:00 a.m. in the Conference Room #1 of Tamarac City Hall, 7525 Northwest 88 Avenue, Tamarac, Florida. PRESENT• Mayor Norman Abramowitz Councilwoman Diane.Glasser (entered at 9:45 a.m.) Councilman Henry Schumann Councilman Irving Katz ABhjZNT AND_ _ EXCUSED Vice Mayor Dr. H. Larry Bender ALSO PRESENT• John P. Kelly, City Manager Dina McDermott, Assistant City Manager Alan F. Ruf, City Attorney Carol A. Evans, City Clerk Karen Jackson, Secretary 3. DISCUSSION on sale of the old Public Works site. City Manager Kelly said the parcel that was closed on October 2, 1991, covered the bulk of the land where the Chevron site is located. He said the site was divided into two parcels; one was 6 acres (Parcel A) and the other was 4 acres (Parcel B). He said Parcel A was closed on. City Manager Kelly said the City had asked for 2.7 million dollars for the entire parcel and they made that offer but divided it into two parcels. He said Chevron had an option that upon closing Parcel A, they would decide whether or not they were going to pursue Parcel B. City Manager Kelly said Mr. Berkowitz has opted not to pursue the closing of Parcel B, which means that he will forfeit the downpayment that he had posted with his attorney in the amount of approximately $85,000. City Attorney Ruf said there is approximately $98,000 in that account at this time because it was to be invested in an interest - bearing account and if the purchaser went forward with the purchase, he would get the benefit of the interest and if he did not go forward with the purchase, then that money would become part of the liquidated damages. He said there are some charges against that where Mr. Berkowitz is telling the City that he is not going to go forward and exercise his option to purchase Parcel B; therefore, the City is entitled to the money. City Attorney Ruf said there are some offsets for real property taxes for the Year 1990, which he wants to hold in escrow and he has provided the City with a letter which acknowledges that he is cancelling his option to purchase and that they are going to pay the City an amount of money less the estimated taxes due and when the tax bill comes, it will be corrected. C/M Schumann asked why Mr. Berkowitz is responsible for real property taxes if he is not going to take his option on Parcel B and City Attorney Ruf said these are real property taxes on the corner parcel which included the Public Works site. Mayor Abramowitz asked when this property tax is due and City Attorney Ruf said the tax bills come out in November, a discount is received by paying them early and the City is earning the interest. Further discussion was held regarding this. City Council Workshop Meeting 10/28/91/KJ Page 2 C/M Schumann asked what options are open to the City on Parcel B and City Manager Kelly said all options are open. City Manager Kelly said the City will pay the prorated taxes. City Attorney Ruf said the City holds the title and as soon as the City signs the Letter of Agreement, the City can receive the money. City Manager Kelly suggested a Resolution be drafted and a Special Council meeting be scheduled to finalize this agreement and Mayor Abramowitz agreed. 2. DISCUSSIQN regarding the sale of the old City Hall. City Manager Kelly said Council should have received a copy of the Revised Final Draft of the executed agreement. He said if Council is willing to agree to this revised agreement, it will be executed with the $525,000 sale price, with $100,000 downpayment and with a 6 month money mortgage. C/M Schumann asked if this is to be a one payment balloon and City Attorney Ruf said, yes, which includes interest due in 180 days. City Manager Kelly said the Fire Department, Community Development and the Building Departments reviewed this and most of their concerns are not substantive. He said he met with the representatives of the Jehovah's Witnesses and they will give the Staff's comments to their architect. Discussion was held regarding the various comments. C/M Katz asked if they need a variance for anything and City Manager Kelly said that is a possibility, such as for the masonry wall and the waiving of the fencing. C/M Katz asked if there are any proposed changes in the configuration of the building and City Manager Kelly said the plans are complete. C/M Schumann asked if they are going to place the minister's residence in there and City Manager Kelly said, yes. City Attorney Ruf said the City has a signed contract and a Resolution is needed authorizing the City to execute the contract on behalf of the City. He said this is a contract without contingencies and the purchasers do understand that although they have removed the contingencies from the contract, it has been on the representation of the City and Staff that they will be able to do what they want to do there, providing it conforms to the Code of the City. C/M Katz said the City gave away the fees or taxes in lieu of the $25,000 and from now on, whatever is required of any other developer is required of the purchaser. City Attorney Ruf said if the City has given breaks to other religious organizations, they would be looking for the same thing. City Manager Kelly said three months ago, Broward County made a proposal for a project on Commercial Boulevard in Tamarac, near the Sun Bank. He said the City supplied the County with the permit requirements at the time; however, the permit orders were ignored and work has begun. He said the City Staff had to stop the work by the County. He said the problem is that the Contractor did not include the cost of the permits in his bid of $11,000, which is the City's permit cost. City Manager Kelly said it seems to have been a lack of communication between the County and the Contractor. He said this refers to the two lift stations in the area. 11 City Council Workshop Meeting 10/28/91/KJ Page 3 City Manager Kelly referred to the bus shelter proposal. He said Ray Tomzak, Chairman of the Jaycees, has requested to be placed on the next agenda for consideration of a bus bench public service advertising project which could benefit the City by providing the citizens with the convenience of having bus benches throughout the City at no cost to the City and will provide the businesses in the area an inexpensive means for advertising. He said the Jaycees will be responsible for all necessary insurances needed as well as placing and maintaining the upkeep of all the benches. City Manager Kelly said the pity will have the advantage of receiving revenue from the bus benches placed in the City through permit fees. He said the Jaycees have been providing public service benches throughout Broward.County since 1977 and this has proven to be beneficial to all concerned. Mayor Abramowitz requested that some of the cities be surveyed regarding this. Discussion was held regarding the placement and compliance of the City's rules for these benches. 1. DISCUSSION on proposed Charter Amendments. Mayor Abramowitz said the City Clerk has provided Council with the dates whereby the City has three opportunities in 1992 to place Charter amendments on the ballot. Mayor Abramowitz said the Charter Board has met and have some proposals to present to Council; however, the Council has not yet done so. He said the Charter Board is,ready for a joint meeting with Council. Mayor Abramowitz said some of the areas of concern by Council are as follows: vacation schedule, terms of office, financial procedures, expenses/compensation, redistricting and capital improvements. C/M Schumann stated that the ballot should not be filled with a lot of Referendums and Mayor Abramowitz agreed. Mayor Abramowitz said the vacation schedule and the redistricting are not priority items; however, capital improvements, terms of office, expenses/compensation and the financial procedures are very important issues. He said Council needs to make a decision as to what is considered important. Mayor Abramowitz said he understood that the Charter Board feels the terms of office are a priority but it should not start with this election but should be for the 1993 election and all agreed. City Attorney Ruf said he can draft some Ordinance proposals within 24 to 48 hours based on previous discussion as to what the Council was interested in having on the ballot. He said one of which was discussion on the combination of the General Fund and the Enterprise Budgets, one would exempt water and sewer utilities from the operation of the Referendum requirement and the other discussed changing the 2.5% to 5 or 7.5%. C/M Katz said the increase to 5 or 7.5% may not mean anything because it may be just as ambiguous unless what the 5 or 7.5% is going to be is identified, such as if it includes the Utility Budget or just the General Budget. C/M Schumann said Carla Coleman had recommended the deletion of the cap. TAPE 2 Mayor Abramowitz said he would like to have something on the Referendum that can be understood by everyone. City Attorney Ruf said the addition to the end of Section 7.13 reads as follows: "The Referendum requirement of this Section shall not apply to capital projects within the water and sewer City Council Workshop Meeting 10/28/91/KJ Page 4 utility systems of the City nor shall it apply to expenditures mandated by Federal or State governments." C/M Katz asked whether the City has the right to advertise for bids at the percentage if the City is going to accommodate that portion and divide them into two separate entities and increase the percentage. City Attorney Ruf said he would never recommend the separation of these entities but when this is being discussed it refers to the combined budgets. He said this is a self-imposed restriction by the voters and most cities do not have this restriction. He said Staff would tend to agree with Carla Coleman and have as much flexibility as possible; however, the voters have to approve this. Further discussion was held regarding this. C/M Schumann said the City has a budget, not two budgets. City Attorney Ruf suggested this discussion be postponed until he drafts the proposed Ordinances and Mayor Abramowitz agreed. City Attorney Ruf said he had received the minutes of the Charter Board meeting of September 24, 1991 and their concerns are the terms of office and redistricting. He said the Charter Board has not been concentrating on,the same issues as the Council. Mayor Abramowitz requested the latest minutes of the Charter Board meetings be forwarded to Council for review prior to the joint Council/Charter Board meeting. C/M Katz asked that City Clerk Evans discuss her suggestion as to what should be on the ballot in March, 1992. City Clerk Evans said she feels that none of the items on her October 4, 1991 memo are priorities but should be done eventually, such as the Capital Program, advertising on the budget and other housekeeping measures. City Attorney Ruf said these items will make it easier to go through the budget process in 1992 and should be on the March ballot. Mayor Abramowitz suggested placing two items on the ballot that are critical and two housekeeping items. C/M Katz referred to the Council vacation issue and said it should be addressed. Mayor Abramowitz said the Charter specifies that the City Manager must deliver the Budget Message by a certain date; therefore, Council should change their vacation accordingly. City Attorney Ruf said the budget issue is covered by State Law and is not needed in the Charter. He said the Capital Program is now mandated by Section 163 in the State Statutes, which requires a five year wish list and funding source. Further discussion was held regarding the various housekeeping measures. City Council Workshop Meeting 10/28/91/KJ Page 5 4. PUBLTC PARTICIPAZ= - Any member of the public may speak to any issue which is on this meeting notice. Speakers will be limited to three minutes during this item and at public hearings. There will be a thirty (30) minute aggregate time limit for this item, and speakers are encouraged to sign up in advance with the City Clerk prior to their participation. Zeke Feldman, resident and Charter Board member, expressed his opinion regarding the terms of office. Melanie Reynolds, resident, said the Charter refers to the General Fund Budget and does not discuss any other budget unless the other funds budgets are needed.1 With no further business, Mayor Abramowitz ADJOURNED this meeting at 10:10 a.m. CAROL A. EVANS CITY CLERK "This public document was promulgated at a cost of $81.14 or $1.80 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." -