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HomeMy WebLinkAbout1990-12-19 - City Commission Regular Meeting MinutesCity Council Regular Meeting 12/19/90/KJ Page 1 CITY Or TAMARAC CITY COUNCIL RBGULAR COUNCIL MEETING WZDNSSDAY, DZCRMB$R 19, 1990 Mayor Abramowitz called this meeting to Order on Wednesday, December 19, 1990 at 9:00 A.M. in the Council Chambers. Mayor Abramowitz called for the Pledge of Allegiance followed by a Moment of Silent Meditation for the men and women overseas. Mayor Norman Abramowitz Vice Mayor Bruce Hoffman Councilman Dr. H. Larry Bender Councilman Henry Schumann As ssNT AND ZXr!N j&2.L Councilman Henry Rohr John P. Kelly, City Manager Alan F. Ruf, City Attorney Carol A. Evans, City Clerk Karen Jackson, Secretary Mayor Abramowitz explained the Public Participation portion of the meeting which will allow for the public to speak without waiting throughout the entire meeting. INTRODUCTION 1. by City Manager Kelly of a five-year service award to BLOSSOM CBIRLIN, Customer Service, and ten-year service awards to BDNARD CRUPAR, Fire Department, and VINC$NT SCIACCA, Public Works Department. Presentations were made. 2. PysLIC XCIPATI 11 - Any member of the public may speak to any issue which is not agendized for public hearing at this meeting. 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. Nathan Peretzman, resident, referred to a newspaper article regarding the City updating the water system and the budget message by City Manager Kelly for the 1990/1991 Utility West Fund. He read on Page 15, the last three sentences, "The revenue bond covenants of this fund require a bond coverage factor to operating income of 110%11. He said this is not so and it should read 120% as per Resolution 85-439 amending Resolution 85-436. He read the second and last sentences in Article 5, Section 501 of the Revenue Funds, "Our current budget falls short of this requirement by $221,066.00. If additional revenues are not provided to meet this, our City will be in technical default on our bonds." Mr. Peretzman asked if the City has accumulated developer fees of approximately two million dollars, why is there a possibility of a technical default. He referred to Page 1 of the Comprehensive Annual Financial Report Fiscal Year ending September 30, 1989. He said there is a comparison sheet of 110% against 120%. He asked what happened to the ambulance committee and did the ambulance committee know about the flat rate method of payment. City Council Regular Meeting 12/19/90/KJ Page 2 City Manager Kelly said he will not respond to items regard ng funds that he does not have in front of him at present. He sa he will research it and respond later. He said regarding t e ambulance contract, the committee members were aware of the fl rate and the ambulance committee is not in existence at pre en Irving Katz, Lakes of Carriage Hills, said he realizes that the public is not allowed to speak on anything that is agendize . asked if there will be a time that he could ask questions regarding Item 12 concerning the bonding for the ACLF. Mayor Abramowitz said he has received requests throughout t from people who wanted to discuss Item 12. He said if ther questions, the public is welcome to ask them at this time. City Attorney Ruf said the public may speak to any item tha the Agenda, as long as it is not set for a Public Hearing. Mr. Katz said at the first hearing, the Agenda said that th applicant was to put up $100,000.00 towards the fee for the 12 million dollar bond. Mayor Abramowitz said it was $75,000.00 and $25,000.00 was fees. Mr. Katz asked if the total cost to the City for the 12 million dollar bonding was going to be more than $75,000.00 that the applicant is going to pay to the City. City Attorney Ruf said all of the costs will be absorbed by the developer. He said $75,000.00 is a fee paid to the City for participating as the issuer of the bonds. He said any costs a e paid out of the bond issue. Mr. Katz asked if there is any recourse to the City. Mayor Abramowitz suggested hearing Item 12 and many of the questions may be answered. Joe Schreiber, Kings Point, commended the Council on moving th Public Participation portion of the meeting to the beginning. Mr. Schreiber expressed his concerns regarding the Continental Cablevision Company franchise with the City. He said under th Code 719-E, it indicates that the City shall at all times have power to enact all regulatory ordinances affecting utilities which, in the opinion of the Council, are required in the in e of public health, safety and welfare. He said the residents i. Kings Point are having difficulty with Continental Cablevisi n Company providing a service to some areas in Tamarac and not t all. He asked why they cannot provide the same service at t e same cost to everyone. Mayor Abramowitz said the Federal Government has taken the p w r away from the municipalities to regulate cable companies. He said Council is aware that the City has a problem with the cable service which was started by Continental Cablevision Company. said Woodmont has hired an attorney to speak with the representatives of Continental Cablevision Company. He said h understands that they are trying to break the contract. Vice Mayor Hoffman said he feels that what they are trying t is in violation of the franchise. He said City Manager Kell meeting with the representatives of Continental Cablevision Company on December 20, 1990 to discuss the problems. He said they are trying to cancel all of the bulk rates and claim th-y not making a profit; however, the franchise requires that th y treat all customers the same. Vice Mayor Hoffman said they differentiate between dealing w City Council Regular Meeting 12/19/90/KJ Page 3 the condominium and a homeowner's association because in a condo they use private streets and have to get permission from the owner to install their cables. He said with homeowner's associations they use public streets and they do so under the easements granted to them many years ago by the City. He said it is his non -legal opinion that they should treat all homeowner's associations the same and all condominiums the same. Mayor Abramowitz said it is the desire of the City not to cause turmoil with the various organizations and this will be part of City Manager Kelly's agenda when he meets with Continental Cablevision Company. Melanie Reynolds, resident, expressed her concern regarding the public participation portion of the meeting being placed before the other items of the Agenda. She asked if this has been done as a result of her complaint. City Attorney Ruf said her complaint had something to do with the change in the Agenda. Ms. Reynolds said since this was not discussed at a public meeting, the Attorney General advises that no resolution, rule or formal action shall be considered binding, except as taken or made at a public meeting. She said since this rule was not made at a public meeting, it is not binding and is in conflict with Resolution 86-376 that gives the procedures and rules of Council meetings. Ms. Reynolds asked if Council passes a Charter amendment that the question for the ballot in the Ordinance is the question on the ballot. Mayor Abramowitz said to his knowledge this is not something on which Council makes a determination. He said there are certain legalities involved in placing a question on the ballot. He said after the hearings are held and the City Attorney and City Manager get the understanding of what Council wants, they prepare the verbiage that goes on the ballot. Ms. Reynolds said she does not agree. She said she feels what is voted on is what is wanted on the ballot. She said the reason she is asking is that when the question is put forth concerning the City Attorney on the ballot, it was not the same as it was voted on in the Ordinance. She said in the Ordinance, it says, "the service of the City Attorneys shall be in the best interest of the City of Tamarac as determined by the City Council". She said, "as determined by the City Council" did not go on the ballot and without it the question makes no sense because the public does not know what is in the best interest of the City. Ms. Reynolds said after Council passed the budget, they approved some Resolutions and Ordinances to do with money. She said one was that Council gave Ruf & Carsky certain hourly money as compensation for their being the City's Attorneys. She said this was done when the attorneys used their own offices outside of City Hall. She said the City is furnishing the City Attorney with an office, stationary, telephone and a secretary and, according to. the Attorney General, this is not valid. She said this means that Ruf & Carsky are being paid more than what was voted for. Sea Rosenbaum, resident of Golf Point, expressed her concern regarding the beautification of the streets that abut Woodmont. She said she is mainly concerned about Northwest 70th Street and Northwest 80th Avenue. She said there are several dumpsters, overgrown property that is unsold and a median that cars cross over along Northwest 70th Street that is the approach for the areas of Waldon Pond, Golf Point, Jasmine and On The Greens. She said these areas have or are in the process of beautifying their entrances. She'said the approach cannot be improved completely until Northwest 70th Street is corrected. She said there is a City Council Regular Meeting 12/19/90/KJ Page 4 watering problem which needs to be resolved. Mayor Abramowitz said it has taken approximately 8 years to do something with Pine Island Road. He said Mike Couzzo is aw re the problem; however, the problem is the money to make then improvements. He said the City has committed to correct th m thoroughfares first. He said Council and Staff is aware th t City needs beautification. He said he has appeared before he Woodmont property owners and the Board of Directors request ng them to do something to enhance Woodmont. He said the Coun ry Club has spent thousands of dollars beautifying that area o Northwest 80th Avenue. Anthony Grimaldi, resident of Heathgate, expressed his concern making a waste survey for the future increase in June. He expressed his concern regarding accessing the containers f037 recycling. He said there is talk for the future of the possibility of dump sites being reactivated. He said the f to for Waste Management is looking good and the City still doe n make a survey of the waste being collected. He said a truc c pick up through half of the City before filling up. Mr. Grimaldi asked how much money it has cost the City for the Public Works project on Commercial Boulevard and 88th Avenut t make that land worthy for the tenant to move in. He suggested investigation be made on why this occurred. i Mayor Abramowitz said the State indicated that they will pa e penny that has been spent for the Public Works project. Ci y Manager Kelly said the State will pay certain eligible cost w would be the majority of the money spent. Assistant City M na Couzzo said the State will pay $104,000.00 plus costs. Mayor Abramowitz said the Shell Station across the street h s pumping water for several years. He said no body knows wha i beneath the ground until the tanks are lifted. City Manager Kelly said regardless of what type of survey i by any City, the prices will be raised on June 1, 1991 by W Management. He said the City is going to fight against the increase. He said he agrees that the garbage has been significantly reduced in the City of Tamarac. He said one logistical problems the City is being confronted with is th argument proposed by Waste Management that since the City d pick up its own garbage, they do not break down the service municipal boundaries. He said one of their routes covers N Lauderdale and Tamarac or Lauderhill and Tamarac or any oth combination; therefore, they cannot get an accurate figure. said each municipality has asked for the survey, with no su He said each municipality has threatened during the negotia- to insist that some routes be restricted for a barometer as much the City is generating. City Manager Kelly said the City has already purchased the containers which are being stored in a warehouse in Lauderh He said with the amended agreement being presented to the municipalities that is being considered, Waste Management i agreeing that they will provide the vehicles and the manpow operate them. He said this portion of the agreement is in and needs to be finalized. st f es n t by rt r H ce io s to w 11 r o ro e s Mr. Grimaldi asked about the condos and why their costs should n t be involved with everyone else. He said it was said that the condos would be involved in October and now it is going into January and the recycling has only the independent homes are b i g forced to pay the fee. He said he does not feel this is fair. City Council Regular Meeting 12/19/90/KJ Page 5 3. d. approving a request by WOODMONT Q 1RDZNS ACLF for an extension of final site plan approval for one (1) year for Phase 1 and four (4) years for Phase 2 (located on the south side of Southgate Boulevard, between University Drive and NW 88 Avenue.) SYNOPSIS Or ACTI= RESOLUTION #R-90-274 - PASSED Removed for discussion and then APPROVED. (See Page 6 for discussion) * C/M Schumann MOVED to REMOVE Item 3.d.,from the Consent Agenda * for discussion, SECONDED by V/M Hoffman. VOTE: ALL VOTED AYZ 6, approving a waiver to the sign ordinance to permit a 74 square foot ground directory sign 10 feet from the property line for STARR CENTRE (tabled on 11/28/90). TABLED at the request of the applicant. V/M Hoffman read a letter from Starr Associates addressed to the City Clerk requesting that Item 6 be indefinitely tabled. * V/M Hoffman MOVED to TABLE Item 6, SECONDED by C/M Schumann. VOTE: ALL VOTED AYZ 7, approving a delegation request by FLH Homes to remove the voluntary deed restrictions from PARCEL R of WOODLAND LAXZS located at the southeast corner of McNab Road antic NW 88 Avenue. TABLED at the request of the applicant until Wednesday, January 23, 1991 at 10:00 A.M. V/M Hoffman read a letter from Woodland Lakes, Parcel R, addressed to Kelly Carpenter, Director of Community Development, requesting that Item 7 be tabled until January 23, 1991. * V/M Hoffman MOVED to TABLE Item 7, SECONDED by C/M Bender. VOTE: ALL VOTED AYZ Finance 10. XQXXON TO.1D PT T _ Raan_ j= approving reorganization of the Finance Department. 1jXXQ STS Or ACTION -- TABLED at request of City Manager. * V/M Hoffman MOVED to TABLE Item 10, at the request of the City * Manager, SECONDED by C/M Schumann. VOTE: ALL VOTED AYZ City Council Regular Meeting 12/19/90/KJ Page 6 31 Items listed under Consent Agenda, Item 3 are viewed to be routine and the recommendation will be enacted by ONE MOT] in the form listed below. If discussion is desired, then t item(s) will be removed from the Consent Agenda and will be considered separately. a. 1=Z0 TO APPROVE the minutes of the following City meetings: 1. 11/14/90 - Regular Meeting 2. 11/21/90 - Special Meeting 3. 11/28/90 - Regular Meeting b. MOTTOS TO Ste_ Rase_ 55948 transferring a sl use exception to permit a laundromat in Bay 3 of Buildi at LMMSIDE PLAZA, 5429 N. State Road 7, from S. Fran Krasnoff, President, to Charles Gallichio, Owner, d/b/a Lakeside Plaza Coin Laundry. RESOLUTION #R-90-272 - P C. IMTION To A202T RCRQ- #5251 transferring a spec use exception to permit a restaurant with on -premises consumption of beer and wine from Alan R. Palmieri, President, d/b/a BAY STREET RESTAURANT, to Arne Sore de President, Skandia Enterprises of Tamarac, Inc., d/b/.a SZ GRILL AND BAR, 5819 N. University Drive, MIDWAY P A. RESOLUTION #R-90-273 - P e. NOTION TO APPROVE the attendance of Fire Chief Ra Briant at the Florida Fire Chiefs Conference on January 17-18, 1990, in Ocala, Florida. 2 V/M Hoffman MOVED to APPROVE the Consent Agenda with the exclusion of Item 3.d., SECONDED by C/M Bender. VOTE: ALL VOTED AYE 3. d. approving a request WOODMONT GARDENS ACLF for an extension of final site p, approval for one (1) year for Phase 1 and four (4) year Phase 2 (located on the south side of Southgate Boulevard between University Drive and NW 88 Avenue. 3_ QS ACTION- RESOLUTION #R-90-274 - PA for discussion and then APPROVED. (See Page 4 for removal Mayor Abramowitz said he has received some requests from peo 1 who wanted to speak on Item 12 which is a related item to Item 3.d. and he has been asked to move Item 12 forward to f 1 Item 3.d. 04 u F L i 1 City Council Regular Meeting 12/19/90/KJ Page 7 City Attorney Ruf read Temp. Aeso. #5950 by title. City Manager Kelly said this is a Resolution to determine that the application for a one-year extension for Phase 1 be approved by Council and it also provides for a four-year extension for Phase 2 in the site plan for Woodmont Gardens. He said the project is divided into two parts. He said Staff has made the review and the project has been advertised properly. He said Council has examined and investigated the application and the Staff and Planning Commission recommend approval. He said Staff feels that the project is in compliance with the Plan and will be in compliance prior to the issuance of a certificate of occupancy for any of the units proposed for the project. City Manager Kelly said the terms are that the construction would be completed in compliance with the plans and specifications submitted by the developer as described in Section 2 of the Development Review Status sheet and also with approved drawings that the commencement of this project construction itself shall be no longer than one year from December 19, 1990 for Phase 1 and no longer than four years for Phase 2 which would be completed on December 19, 1994. He said if the development does not commence within that time period, the approval shall be null and void unless another extension is sought and received by the applicant. City Manager Kelly read the Findings of Fact by the Planning Commission. He said the project is located at the south side of Southgate Boulevard between University Drive and Northwest 80th Avenue. He said Council had previously one-year extensions on December 28, 1988 and December 21, 1989. He said there are no changes to the final approved site plan, it does meet all of the zoning and coding requirements and is in compliance with the Land Use Plan. City Manager Kelly said there are certain fee issues that remain in question. He said Staff feels that most of them have been resolved. He said the Planning Commission had reviewed this on December 5, 1990 and Staff recommends approval. C/M Schumann said he had information that Woodmont Gardens ACLF was no longer in existence and has been superseded by Imperial Manor Corporation. He asked how can an extension be granted to an entity that no longer exists. Jeffrey Miller, owner/developer of Woodmont Gardens, said at present, Woodmont Gardens Corporation is the owner of the property and is still currently the developer of the property. He said a 501C3 is being developed, which is a non-profit corporation under the name of Imperial Manor Corporation. C/M Schumann asked if Woodmont Gardens Incorporated is still a valid corporation and Mr. Miller said, no. Mr. Miller said the application is being prepared for Imperial Manor Corporation to become a valid corporation. C/M Schumann asked to whom is the extension be granted, Imperial Manor Corporation or Woodmont Gardens ACLF. Mr. Miller said, Woodmont Gardens ACLF. He said at present Imperial Manor Corporation is not in existence. He said the application has been submitted to be approved as a 501C3 non-profit corporation. He said at present the ownership and the development is under Woodmont Gardens, Incorporated. C/M Schumann asked if Imperial Manor Corporation is an incorporation. Mr. Miller said at the present, it is not. C/M Schumann asked how can the title "Corp." be used. City Council Regular Meeting 12/19/90/KJ Page 8 Mr. Miller said it is a corporation that has been applied fob. City Attorney Ruf said he feels it is incorporated and that t applied for the 501C3 status which normally takes several mo t C/M Schumann asked if it has a certificate of eligibility un e the Act of 1986 at present qualifying it as a 501C3. Mayor Abramowitz asked Mr. Miller that if he did not know, t so because his attorney is not present. Mr. Miller said at present the 501C3 status has been applied f and has not been granted. He said the present ownership of h property is still under Woodmont Gardens, Incorporated. C/M Schumann asked if Woodmont Gardens, Incorporated is stil valid, existing corporation and Mr. Miller agreed. Discussion was held from the public regarding clarification �f extension. Joe Schreiber, resident, asked what is Woodmont Gardens, how will the City of Tamarac and its residents benefit by extending Phase 2 for four years. V/M Hoffman asked C/M Schumann if he is satisfied with the granting of the extension. C/M Schumann said he has a quest pertaining to a letter that was received from Mr. Miller's attorney. Mayor Abramowitz said he would not want anything done unless he is completely comfortable with the conditions for the extension said this is to allow an extension of time to be granted. He slid this does not commit anything other than time. He said if t e are any objections, please vote no. He said Item 12 will be o for questions for information. V/M Hoffman asked what would happen to the Woodmont Gardens project if the extension is denied or tabled. Kelly Carpenter, Director of Community Development, said the s plan would die and they would have to start over through the s plan approval process. She said the applicant would either ha to resubmit the site plan, which currently has approval until end of December, or they would be in the position of requestin the architect or land planner to redesign the project and th n resubmit the site plan, go back through Staff review, Planni g Commission and Council. V/M Hoffman asked if Council approves the extension, would C be obligated to approve anything else that would come later. Carpenter said there will be nothing else to come later. Mayor Abramowitz said if this is not approved, Item 12 dies. Burton Schneider, President of Woodmont Property Owners Association, said the Woodmont Property Owners Association wits made privy to Woodmont Gardens ACLF in 1987. He said a presentation was made to the Board of Directors as to what they wanted to do. He said the land bordering the Woodmont Country Club and the community of Woodmont would prefer to be perpet al green with the benefactor contributing money for its support an perhaps paying the City some taxes on the land. Mr. Schneider said the Woodmont Property Owners Association realized that this was a commercially zoned piece of land ab tt the golf course and adjoining the homes in Woodmont. He sai after looking at the plans by Woodmont Gardens ACLF, they feel that this would be a desirable neighbor. He said the only t in that was objected to was the name "Woodmont" in the name of 4he corporation. He said they were not an affiliate of Woodmont no City Council Regular Meeting 12/19/90/KJ Page 9 part of the Woodmont community. He said they have just bought land adjoining it and the Woodmont Property Owners Association had requested that they not use the name "Woodmont" in their name. Mr. Schneider said the Woodmont Property Owners Association did not hear from the corporation until approximately six months ago at which time they were told that the corporation would be going forward with their plans. He said they have contributed approximately $380,000.00 to the City's treasury through impact and permit fees. Mayor Abramowitz said the figure is approximately $220,000.00 in 1987. He said what'is forthcoming is the balance. Mr. Schneider said the corporation has contractually agreed to pay taxes on this land as though it were a commercial piece of property and have agreed to pay any tax increases on the property that are rendered on other residents of the City. He said the Woodmont Property Owners Association looked at this project as one that would not greatly increase the traffic flow, pollute the air or litter the terrain. He said they are going to add landscaping to Southgate -Boulevard. He said that Woodmont Property Owners Association requests that Council do everything possible to bring this corporation into the City. (See Page 12 for further discussion) Mayor Abramowitz OPENED the Public Hearing. City C2ZXL l 13. EMIC RZAKING - on second reading amending Section 2-26 of the Code to increase candidates' filing fees for Mayor and Council Members to four percent (4%) of the yearly salary and to increase the filing fees for other elected City officials to $40.00. SYNOP3I3 OF ACTION: TABLED to Wednesday, January 9, 1991 at 7:30 P.M. City Attorney Ruf read Temp. Ord. #1520 by title. * V/M Hoffman UOVED to APPROVE Temp. Ord. #1520, SECONDED by * Mayor Abramowitz. Zeke Feldman, Charter Board member, reviewed the minutes from the Council workshop meeting dated November 14, 1990 relative to the increase of fees for filing. He said a request was made to review the filing fees of the other cities. He said most all of the other cities, except one, do not have a Charter Board. He said State Statute 99-093, states specifically how the municipal candidates filing fees should be. Mr. Feldman said he is speaking for himself and not for the Charter Board. He said the Charter Board Chairman asked the attorney for a ruling regarding changing the filing fees. He said where it does not say they can change the fees does not mean that they can. He asked why the State Statute was not being used as a. guideline. Mr. Feldman said Pembroke Pines is the only city that has a Charter Board. He said they are elected officials that do not act and occasionally sit. He said the Tamarac Charter Board is active. He said the Mayor of Pembroke Pines earns $13,733.00 and the filing fee is $25.00. He said Tamarac has a Charter Board that earns no salary or expenses and Council feels it seems fair to adopt a $40.00 filing fee. He said he feels this pattern needs City Council Regular Meeting 12/19/90/KJ Page 10 to be stopped immediately. He said the Charter Board had a 160 cut in the budget and then members of Council openly stated h the Charter Board should be dissolved. Mr. Feldman said the public voted in favor of the Charter. for years and will go on voting in favor of it. He said w discussion is brought up adjusting to a $40.00 filing fee Charter Board, the voters are listening and watching and e are coming up in March. Joe Schreiber, resident of Kings Point, asked why the Ordin for an increase is necessary. Mayor Abramowitz said the work that is involved in the fili the reports on contributions that need to be made by the Ci Clerk's office costs money. He said the expenses incurred servicing the item have gone up dramatically and, as a resu fees should be raised. He said Council is trying to make t pay for itself. Mr. Schreiber said if Council is concerned about finances, t should not grant salary increases in ranges of $8,000.00 to $10,000.00 and should hold the line. He said Council should discourage opposition of somebody running for public office. said adding this Ordinance places an impediment to prevent somebody who may not be able to file at the higher filing fe said there should be the minimal charge and the City should encourage people to run for office. He said he is opposed t raising the filing fees. Irving Katz, resident of Lakes of Carriage Hills, said he is a candidate who filed for City Council. He said it is much more difficult to get money if the person filing is not an incumben He said the amount of money to be gathered for a campaign i limited. He said when Council increases the filing fees as dramatically as proposed, this limits the people that can run to the amount of money that they can raise. He said if Cou ci going to restrict the people filing against an incumbent, this an injustice. Mayor Abramowitz asked if Mr. Katz feels that $40.00 is golf inhibit a serious candidate from running for Charter Board. Mr. Katz said that is not his position and he is running fo C Council. He said he will not make a statement about the Ch t Board. Mayor Abramowitz said the filing fees can come out of a can fund. Mr. Katz said this money has to go into a campaign fund bef can come out. He said if a person spends $144.00 for filin that money cannot be spent to allow the public the informat they need to vote for proper Councilmen. s VA Stan Bernard, resident, said he has run for the Charter Board twice and the two times he ran, he raised $25.00 from the outsJdE. He said nobody is interested in the Charter Board in particu a because the Charter Board does not pass any laws or make an resolutions. He said the Charter Board has no power other t a review of the Charter. He said he feels that fee is a lot o money. He said he feels Council is placing an obstacle bef e some people who may run for office in Tamarac. He said he f e s the City could well afford the couple of hundred dollars tha It might cost for processing the reports. Mr. Bernard said he remembers a meeting where Council allowe $6,000.00 more for insurance involving the employees. He sa one on Council had back up as to what was going on in that m regarding the insurance situation. 1 I City Council Regular Meeting 12/19/90/KJ Page 11 Mayor Abramowitz said Mr. Bernard is incorrect. He said Peter Mack, Personnel Director, had the interest of the City at heart and he knew that whatever he might say, could result in a law suit. He said Council looked at this closely. Anthony Grimaldi, resident of Heathgate, said he remembers as a member of the Planning Commission, they used to receive $6.00 for lunch. He said City Manager Kelly sent a memo ordering no more. money be allowed for lunches. He said the Planning Commission would hold meetings from 9:00 A.M. to 4:00 P.M. He said the amount of money that was spent every two weeks totalled $1,000.00. He said when the budget was brought up, City Manager Kelly received a $9,000.00 raise. Mr. Grimaldi said the Charter Board has no reason to pay money for the job they are doing. He said the City should not penalize the people running. He said he feels Council should look into the payroll and stop issuing flagrant raises throughout the year. Melanie Reynolds, resident, said Section 99-093 of the Florida Statutes reads, "Each person seeking to qualify for nomination or election to a municipal office shall pay, at the time of qualifying for office, an election assessment. The election assessment shall be an amount equal to 1% of the annual salary of the office sought." She said 1% of zero remains zero. She said this is State Law. Mayor Abramowitz said that refers to the State. Ms. Reynolds said this refers to the municipality and can be viewed if necessary. C/M Schumann said this refers to the amount paid to the State in addition to the filing fee to the City. City Attorney Ruf expressed his appreciation to Mr. Bernard for calling the State Statutes to his attention prior to the meeting for review. He said Section 99-092 of the State Statutes provides for any office other than a municipal office, a 3% filing fee, 3% of the annual salary plus a 1% assessment. He said later, the State added a 1% assessment on municipal officers, and this does not mean that the municipality cannot impose a filing fee. He said there is a difference between a fee and an assessment in this Statute. Ms. Reynolds said Tamarac's Ordinance 0-79-8, which refers to Section 606 of the Charter, does not mention candidates other than the Mayor and Council members. She said there was nothing regarding the Charter Board. She said the Code was changed in 1984 by the insertion of fees to be paid by other elected officials. She said as it did not go to Referendum, it was not binding upon the Charter Board. She said this is again being changed without going to Referendum. Ms. Reynolds said when it is said that this is a non-refundable filing fee, the State Statute reads, "none shall be returned unless he withdraws his candidacy before the last date to qualify"; therefore, fees are refundable and the City Ordinance is not correct. TA►PZ 3 C/M Schumann said he does oppose the 4% increase due to the State being able to raise its' assessment at any time. He said the argument was made that the City could lower it's percentage due to the State raising theirs. He asked what would happen if this were lowered basing the fee as compensating the City for bookkeeping and clerical work. He said he feels that the 4% being proposed is excessive. He suggested a maximum not to exceed $100.00. V/M Hoffman said he voted for the increase on the first reading. He said there have been some valid points discussed in this meeting and he requested tabling until the next meeting which City Council Regular Meeting 12/19/90/KJ Page 12 would still allow enough time to put it into effect prior to filing for the next election. Mayor Abramowitz asked the the Motion be withdrawn for his discussion and V/M Hoffman agreed. Mayor Abramowitz said his financial matters are no one's bus ne and he gave up a six figure business to serve the City for $4,800.00 per year. He said one of the things on which Council based their decision was that no one can say that the incumbent did not pay like everyone else. He said he feels that the C ty should be put on a paying basis, which refers to everything on in the City. He said everybody pays when they file. He sai there is a City in which the candidates pay 7 or 8 hundred dlay 11 to file. He said he has no interest in stopping someone fro filing. He said his interest is in the ability of the City for itself. He said the City Clerk spends much time preparing paperwork during the electoral process. * V/M Hoffman MOVED to TABLE Item 13 until Wednesday, January 9, * 1991 at 7:30 P.M., SECONDED by C/M Schumann. V T : C/M Bender - AYE C/M Schumann -- AYE V/M Hoffman - AYE Mayor Abramowitz -- NAY Qum AX6122MORt 1 on second reading providing for adoption of the Comprehensive P an for the City of Tamarac. ORDINANCE 0-90-47 - on second and final reading. V/M Hoffman MOVED to APPROVE Tamp. Ord. #1519, SECONDEDIb C/M Bender. City Attorney Ruf read Temp. Ord. #1519 by title. Ms. Carpenter said this is second reading of an Ordinance proposing to adopt the Comprehensive Plan. She said the City entered into a stipulated settlement agreement with the Flor d Department of Community Affairs in June, 1990. She said this resulted in acquired amendments to the Plan which were approve Council in July, 1990 and transmitted to DCA. She said in November, Tamarac received approval from DCA and all of the ot required State and Regional agencies approving the Comprehen i Plan. She said on December 5, 1990, five scribners errors w r read into the record and will stand be included. She said aft this Plan is adopted, Staff will be submitting the Land Use portion of it to Broward County for its approval. She said n the Broward County Charter, the County has the right to cert f the City's Land Use element. She said all other portions of t Comprehensive Plan will be final following this action by Co n Mayor Abramowitz commended Ms. Carpenter for a job well done Discussion was held regarding the Motion. City Attorney Ruf asked that the Motion be restated due to t: previous Motion being made prior to the reading of the Ordin. V/M Hoffman MOVED to APPROVE Temp. Ord. #1519, SECONDED C/M Bender. ALL VOTED AYE u 1 1 City Council Regular Meeting 12/19/90/KJ Page 13 Mayor Abramowitz RZCESSED and RECONVENED this meeting at 10:45 A.M. with all present. 3. d. approving a request by WWDMONT GARDENS ACLF for an extension of final site plan approval for one (1) year for Phase 1 and four (4) years for Phase 2 (located on the south side of Southgate Boulevard, between University Drive and NW 88 Avenue). SYNOPSIS OV ACTION_ RESOLUTION #R-90-274 - PASSED Removed for discussion and then APPROVED. (See Page 8 for previous discussion) C/M Schumann said he has no objection to granting the extension provided it is granted to the proper entity, based on the testimonies heard. He asked if it should be granted to Woodmont Gardens ACLF or Imperial Manor Corporation. City Attorney Ruf said Mr. Miller said the property is owned by Woodmont Gardens Corporation. He said the name of the project was probably Woodmont Gardens ACLF. He asked if it is Woodmont Gardens Corporation. Mr. Miller said the owner is Woodmont Gardens, Inc. Mayor Abramowitz said an agreement was made between the proposed developers and the Woodmont Homeowner's Association not to name it with the name "Woodmont" in it. He asked if granted, would that stop them from making a name change. City Attorney Ruf said the name of the corporation can be changed at any time with the Secretary of State; however, at the moment, that is the name of the applicant. * V/M Hoffman MOVED to APPROVE Temp. Reso. #5950, SECONDED by * C/M Bender. VOTE: ALL VOTED AYE 4. a. MDTION TO ACCEPT Final Release of Lien as provided by Man Con, Inc., for work performed on TUW Project 89-42, Nob Hill Road Canal Culvert and Drainage Pipe Extension. b. MOTION TO APPROVE final payment in the amount of $20,012.00 to Man Con, Inc., for work performed on TUW Project 89-42, Nob Hill Road Canal Culvert and Drainage Pipe Extension. #,XNOP S Y.JOF ACT ION t APPROVED 4.a. & b. * 4.a. C/M Schumann MOVED to ACCEPT Final Release of Lien, * SECONDED by V/M Hoffman. Bob Foy, Director of Engineering/Utilities, said this is a document that guarantees to the City that there are no liens against this project that has recently been completed by Man Con, Inc. He said Staff recommends acceptance. VOTE: ALL VOTED AYE * 4.b. V/M Hoffman MOVED to APPROVE Item 4.b., SECONDED by * C/M Schumann. Mr. Foy said this is for the final payment for which the project has'been completed and is satisfactory. He said Staff has City Council Regular Meeting 12/19/90/KJ Page 14 accepted the work and recommended approval for final payment. C/M Schumann asked if the funds are in place and Mr. Foy ag4ee4. ALL VOTED AYE MOTION TO APPROVE final payment in the amount of $78,440. 4 to Missimer & Associates, Inc., for the Underground Tank Remediation Program at the old Public Works site, Project 90-16. C/M Bender MOVED to APPROVE Item 5, SSCONDSD by V/M Hof Mike Couzzo, Director of Public Works, said this is the on inal agreement that was made with Missimer & Associates, Inc., f r $103,772.76. He said in utilizing some of the alternates, he cost of the project has been reduced to $78,440.34. He sai sorre of that money will be reimbursable. He said the reimbursab e expenses are eligible for the remediation or clean up work. H said a lot of this project was work that was required to be do under the contractual agreement the City has with Mr. Berko it to have the site cleared prior to the property being turned over him, which is not technically remediation of contaminated s it l . V/M Hoffman asked if the property is in condition to be tur�ed over to Mr. Berkowitz at present. Mr. Couzzo said, no. He said it is a detailed and technics process to get it completely satisfactory in the eyes of the environmental regulatory agencies. He said the first step s 14 create a Contamination Assessment Report (CAR) which has be n submitted. He said the Report was returned with comments a d been resubmitted and should have final approval in the near future. He said the Remedial Action Plan (RAP) will be sub it which specifies what work needs to be done in order to have the site cleaned to a satisfactory environmental regulations stand point. Mayor Abramowitz said this applies to every piece of property. ALL VOTED AYE Mayor Abramowitz asked that this be a Priority #1 for the for the funding and all. Mr. Couzzo said a reimbursement request has been submitted. MOTION TO-A=T TOM- Rena- #5921 awarding Bid #90-30 i the amount of $242,762.25 to Davis Meter and Supply for the purchase of pipe, fittings, valves, fire hydrants and all relatec appurtenances for eight Tamarac Utilities West projects (ta le n 11/28/90). 1 RESOLUTION #R-90-275 - P City Attorney Ruf read Temp. Rego. #5929 by title. V/M Hoffman ROVED to APPROVE Temp. Reso. #5929, S C/M Schumann. City Council Regular Meeting 12/19/90/KJ Page 15 City Manager Kelly said this project has had many questions due to the amount of money involved. He said this is in order to secure the best price for this project, which is made up of 8 separate projects that have been approved by Council within the budget year, for which monies are in place for separate accounts. He said these projects include force mains being improved at pump stations, proceeding along with the fire hydrant program, which is required to meet Code, projects in the Mainlands and various pump stations that have been identified by the'Utilities Department as being important. City Manager Kelly said the award of the bid secures the lowest unit pricing. He said in lieu of going out on individual projects, which could have been done with risk of the individual prices being raised, Staff felt that it would be to the City's advantage to access a bulk price. He said since the projects were anticipated to be done throughout the course of the Fiscal Year which began in October, 1990, and since the City's work forces will do the labor to save cost, this only is for the material costs. City Manager Kelly said this is advantageous to the City; however, due to the time lost since October, which was a tight schedule the Engineering Department proposed, there is no way to complete all 8 projects, but the best unit pricing will be secured. He said the City will not expend the $242,762.25 during the course of this Fiscal Year. He said it is physically not possible and the man power is not available; however, it is advantageous to award this bid to get the best pricing on the individual projects. He said Staff strongly recommends approval. He said he feels it is a very good deal for the City. Mayor Abramowitz said Project 90-12 on 44th Street is part of Lauderhill. He asked if this only deals with Tamarac's portion of the project and Mr. Foy agreed. Mayor Abramowitz said he was annoyed with the way the request was handled regarding this type of money. He said when money is requested, it is always mentioned about what was not done in the past. He asked why it was not done correctly in the past. Mr. Foy said he cannot answer for his predecessors. He said there is a 35 million dollar facility with a lot of pipelines under ground and, if it is not taken care of on a day-to-day basis and. maintained, there will be an emergency in the future. He said it is the intent of the City to prevent this from happening and to provide fire protection for the various areas in the City. VOTE ALL VOTED AYE 9, awarding Bid #90-32 in the amount of $56,920.00 to Griner A -One Pipeline Services, Inc. for the rehabilitation of approximately 1000-feet of sewer main for TUW Project 90-10. sY�NOp=s or AC 'SON_ R$SOLUTION #R-90-276 - PASSED APPROVED City Attorney Ruf read Temp. Reno. #5952 by title. * V/M Hoffman MOVED to APPROVE Temp. Reno. #5952, SECONDED by * C/M Schumann. Mr. Foy said this is a request for 4uthorization to award a contract to the low bidder for $56,920.00 to repair approximately 1,000 linear feet of gravity sewer main in the TUE area on 19th Avenue, 17th Avenue and 17th Terrace. Mr. Foy said in 1987, an outline was presented to the residents of Tamarac Utilities East of what the future requirements would be. He said this is part of that project which started several years City Council Regular Meeting 12/19/90/KJ Page 16 y ago. He said the replacement of the lift stations has been completed and fire hydrants have been installed. He said the are still some fire hydrants and water lines to be done but t sanitary sewer system has been targeted this year. He said t sewers being repaired are broken and cracked. He said the on reason this is not an emergency is that the water table is o He said if the water table was above those sewers, the wate be going into those sewers which would take the sand with i . C/M Bender asked if a liner is being used and what is the estimated savings on this. Mr. Foy said a liner is being used and the savings would n much, it is estimated at 10 to 15%. MOTION TO ADOPT „Temo, R-so.._,#5„949 approving an agreement i Emergency One, Inc., for the lease/purchase of a new BUSH p m e at the 1989 price of $198,232.00 to be paid in five equal installments of $49,452.36 each, which reflects interest at 7. per annum. L RESOLUTION #R-90-277 - P City Attorney Ruf read Tamp. Reso. #5949 by title. C/M Bender MOVED to APPROVE Temp. Reso. #5949, V/M Hoffman. Raymond Briant, Fire Chief, requested that Council approve thi lease/purchase piece of equipment. He said the Fire Depart en Is 16 years old and most of the equipment has aged. He said t er s a piece of equipment for which $90,000.00 was budgeted to refurbish and he recommended, due to the fatigue of the equ pm , to replace it. He said this will give the Fire Department wo w pieces of equipment to go into the 21st Century and he reco e d approval. City Manager Kelly asked the current value of the existing dum Chief Briant said the existing pump was priced at $3,500.00 on a trade-in value. He said if it is placed in a trade magazine, th City may be able to get $7,000.00 for it. He recommended nct selling this piece of equipment to maintain it as a reserve pump V/M Hoffman asked if the $90,000.00 is available. Chief Briant said the $90,000.00 was approved by Council for t e Capital Improvement Program which was contemplating the sale o the old City Hall building. He said the first payment for this piece Of equipment will be due one year after the truck is delivered. City Manager Kelly asked if this is approved, when will the �rc be received. Chief Briant said the truck will be received in July, 1991 aid payment would be due in July, 1992. Mayor Abramowitz said the figures received reflect a $50,000.0 interest payment over the 5 year period. He said one of the priorities was that a good price was acquired on this piece Df equipment. He said with the economy being as it is, he feel one would turn down a request for an extension of a price on a $200,000.00 piece of equipment.. Mayor Abramowitz said everything that was predicated on capi�a 11 n V City Council Regular Meeting 12/19/90/KJ Page 17 improvement was based on the sale of the old City Hall. He said the City has a legitimate offer for the sale of the old City Hall. He suggested that an extension for three months on the price offer for the equipment be attempted. He said if the City Hall is sold, $90,000.00 could be taken at that time for the equipment. He said the money is not available at present. He said everybody in the City wants the services and the protection, but no one wants to pay the taxes. He asked if a 3 or 4 month extension can be accessed on this price for the equipment. He said he would like to save 35 to 40 thousand dollars for the City in interest. Chief Briant said he had asked the representative from Emergency One, to attend this meeting for questions. He said the bid price was extended for two weeks and there is a $16,000.00 increase at present for this piece of equipment. He said'if the lease/purchase agreement is paid off ahead of time, there will be no penalty and if paid down $90,000.00, the City can refinance this equipment to lower the payments. Mayor Abramowitz asked if the City has a cash down payment, would Emergency One be willing to renegotiate without an increase of the interest rate, based on the terms currently provided. Paul Christiansen, representative for Dowling Fire Equipment and Emergency One, said the current contract has an interest rate of 7.85% which is locked in. He said when the first payment becomes due in 1992, if the $90,000.00 is available at that time, it acts as a credit to the City. He said the City is only paying interest on the money as long as it is being borrowed. Mayor Abramowitz said if $90,000.00 is put down, the amount of money outstanding is less. Mr. Christiansen said out of the $198,000.00, the City will put $90,000.00 down and finance the $108,000.00 and Mayor Abramowitz agreed. Mayor Abramowitz asked if a contractual agreement could be drawn up based on this equation. City Attorney Ruf suggested reviewing the lease to be sure this is accurate. Mr. Christiansen said the current contract is a standard contract offered to all of the Fire Departments. He said if the City requires a special contract, it can be done. Mayor Abramowitz said his prime concern is spending money that is not available at present. He said there has been conversation regarding an amalgamation of certain cities and he does not want Tamarac to be over -burdened with equipment. V/M Hoffman asked what would happen to the equipment if Tamarac consolidated with a couple other cities. Chief Briant said there would possibly be some credits. He said Tamarac is equal to any other City referring to fire equipment. He said his concern is regarding safety with this piece of equipment which is 12 years old. Mayor Abramowitz said Tamarac has mutual aid which means that any City in the parameter must come to Tamarac in case of emergency. C/M Schumann - AYE V/M Hoffman - AYE C/M Bender - AYE Mayor Abramowitz asked that a copy of the proposed financial contract be provided to Council. Mayor Abramowitz -- AYE City Council 12/19/90/KJ Page 18 Regular Meeting P; 4 IMTIQN ZQ A=T Rmao_ 45951 providing for the issuance of $12,000,000.00 in bonds for the NOODHONT GAR Adult Congregate Living Facility, and APPROVAL of the law Greenberg, Traurig, et. al., as Bond Counsel. RESOLUTION #R-90-278 - P City Attorney Ruf read Tamp. Res*. #5951 by title. C/M Bender XOVED to APPROVE Temp. Reso. #5951, C/M Schumann. Mayor Abramowitz asked that the experts explain Item 12to and the public. City Attorney Ruf introduced Clark Bennett, a representative Hough and Company, a financial advisor to the project who wo involved in marketing the bonds. He also introduced Howard Whitaker, representative for Greenberg, Traurig, who would b City of Tamarac's legal counsel on the bond transaction. V/M Hoffman asked who pays the legal advisor for his service - City Attorney Ruf said the City has a substantial amount of and the City Manager indicated that he felt it would be appropriate to read a letter to Council for the project. City Manager Kelly read a letter dated December 10, 1990 fro Gabriel, attorney representing Imperial Manor Corporation, w will outline the parameters of what they are proposing. He the letter states, "Imperial Manor Corporation, formally kno Woodmont Gardens, Inc., is seeking to develop Phase 1 of the bed adult congregate living facility on a 7.03 acre parcel 1 on Southgate Boulevard utilizing an IDB (Industrial Developm Bond). The proposed bond issue is authorized by the Tax Ref Act of 1986 and is sponsored by the developer, a qualified 5 tax exempt organization. The IDB is to be issued through th at the expense of the developer. In order to induce the Cit issue the IDS, the developer is willing to pay the City a on fee of $75,000.00. This fee will be paid to the City at the of bond closing. In addition, the developer is willing to p other considerations to the City as follows: 1) Though the developer is legally tax exempt, and as such not required to pay any form of tax, including municipa valorum tax, the developer is willing to voluntarily pa valorum taxes to the City commencing upon the first ful of operation after the issuance of the Certificate of Occupancy and annually thereafter. The ad valorum shal payable to the City on or before January of each procee year and, if paid between November 1 and December 31 of given year, then the developer shall be entitled to a 1 discount of the established tax. The annual ad valorum shall be computed by using the City's then current mill rate and the appraised value of the project, as establi by the Broward County Tax Appraiser's office. It is understood that the developer shall retain a legal righ object and challenge the property appraiser's evaluatio this property and, if necessary, the evaluation as is permitted to any of us by law. 2) The developer will pay to the City at time of bond clos the following impact fees: A local park fee and a recr, fee of $10,000.00 and a future traffic fee of $15,000.0 a total impact fee of $25,000.00. 3 FI t y i e 1 1 1 . r, City Council Regular Meeting 12/19/90/KJ Page 19 3) In addition to the above, the developer agreed to reimburse the City for any and all professional fees directly incurred. by the City as a result of the issuance of this bond and it will be paid from bond proceeds. It is anticipated that the City's out-of-pocket fees will include City Attorney, Bond Attorney and any other professionals hired by the City for the sole purpose of issuing this Industrial Development Bond. In conclusion, the City will receive at the closing of this bond transaction, a total payment of $100,000.00 plus any actual out- of-pocket expenses it has incurred in issuing the subject bond. It is hereby acknowledged that certain fees that are not included in this proposal will be due and payable to the City at time of application for building permit. It is understood that those fees include an engineering fee of $23,419.44, an engineering bond of $121,525.00, and he indicates that the foregoing is acceptable to the City." City Manager Kelly said in 1987, the developer paid a CIAC fee for Water - $94,410.00 and Sewer - $128,160.00. He said there is a substantial investment already there. Howard Whitaker, partner of Greenberg, Traurig, a Miami law firm, said the resolution before Council is an inducement resolution. He said the only significance of this is for the City to indicate it's intention if all the preconditions to the issuance of these bonds comes true by virtue of the developer doing many things of a satisfactory feasibility report being developed and satisfactory documents being drafted. He said if all of this comes to pass, and this is a worthwhile project for the City to proceed with, by virtue of the passage of this resolution, the developer in structuring the size of the bond issue, can recoup the costs it will incur between now and the time the bonds are issued, which could be several months. He said this depends on the determination from the Internal Revenue Service as.to the 501C3 non-profit condition of the corporation that was previously discussed. He said this inducement resolution is a requirement of the Internal Revenue Code. Mayor Abramowitz asked if there is any responsibility on the City's part in the event of a problem with this project or development. Mr. Whitaker said, no. He said the City's role is to simply act as a conduit, which is to pass along the tax exemption, as a municipal corporation, on behalf of this presumably worthwhile project in the community. He said it is to substantially decrease the financing costs which is permitted under Chapter 159 of the Florida Statutes and it is illegal under Chapter 159 for the City to be responsible in any respect for this project monetarily. He said the City has no physical responsibility for this project and the City cannot take this project back and operate it, own it or lease it. He said the City is simply acting as a conduit to pass along tax exempt financing to make this a more buyable project. V/M Hoffman asked what happens in the unlikely event that this company goes to bankruptcy, who is responsible for the operation of the facility and who is responsible for the repayment of the bonds. Mr. Whitaker said it would not be the City of Tamarac. He said it would principally be the developer and the property. He said it would be subject to foreclosure and sale in the event the revenue streams produced by the property are not adequate to pay these bonds. V/M Hoffman asked if the bond holders become the holders of the mortgage. Mr. Whitaker said the bank trustee on behalf of the bond holders will hold the mortgage which the trustee can, under certain City Council Regular Meeting 12/19/90/Ki Page 20 circumstances, foreclose should there not be adequate revenu�s pay debt service on the bonds. V/M Hoffman asked how would a bankruptcy situation affect City's credit rating. He asked if the City would lose any standing in the bond market. Clark Bennett, representative of William R. Hough and Company, said it is his opinion that credit enhancers, who would rate t e City of Tamarac, rate the City's credit and not the credit of a conduit pass through organization. He said they rate the City's fiscal and financial status, general fund, enterprise funds, utility funds and do not rate the City on a potential failu Jnl�a passed through obligation of this sort. Mayor.Abramowitz said representation has been made by Council hIlt bankruptcy could damage rating. He asked what the procedure i for this and, in order to sell a project like this, a higher r t of interest will have to be paid. He said as a result, is t i risky venture. Mr. Bennett said this is a non -rated, non-insured, non-credit enhanced piece of paper which simply means that no one has given it an A or AAA rating and no one has guaranteed the payment of principal and interest on these bonds, i.e., an insurance coMpan . He said no one has credit enhanced it, such as a letter of e i from a bank. He said it simply means that this is a more ri k laden transaction than normal. He said provided in the enhancement document there is a statement that the underwrit r o the seller of the bonds agrees and the developer agrees that t e e bonds shall be sold to "qualified investors". He said "accr d't d investors" is the way the State Statute, Section 477 or 407 e d . Mr. Bennett said this means that the accredited investor is n who is presumed to understand the risk involved. He said the presumption of risk is there and the minimum denominations f r t e sale of these bonds shall be $100,000.00. He said it would De attempted to place, not sell retail, these bonds with two or t r e "accredited" or "sophisticated" investors. He said those woalc e high yield bond funds who buy only this type of paper. He s i they are the source of buyers to which this source will be exhibited, marketed and sold. He said this eliminates the possibility of a lot of little people being hurt by a bond t a could possibly have some problems. He said if there is a pr b e , the amount of people involved has been reduced. He said it is i everybody's best interest to reduce the amount of people inv 1 e for the possibility of a problem. Anthony Grimaldi, resident, questioned the investment p Mr. Bennett said they would be sold to only a limited number o people and they are required to sell only to sophisticated investors. He said it is to everyone's benefit that those b n s be sold to a limited number of people to simplify a workout process in case there is a problem. He said this cannot be sold in less than $100,000.00 lots and can only be sold to accredited individuals. Mr. Grimaldi asked if the City would have responsibility in :ase of a fallout of the project. Mr. Bennett said the City's creditability is not endangered Dy this kind of transaction because the City is acting as a con u to get it's tax exemption. He said it is more economical for developer to attempt to finance at a tax exempt rate with wh'c the interest rate is lower; therefore, lowering his cost of finance. Mr. Grimaldi said he was on the Planning Commission in 1987, a which time there was no indication that there would be any t p bonding or money needed to do this project. He said it was City Council Regular Meeting 12/19/90/KJ Page 21 presented, nice project which was approved by the Planning Commission. Mr. Miller said it was not contemplated in 1987 that a bond issue would be addressed. He said in 1987, the developers were pursuing the HUD Program, Section 232 Coinsurance; however, at present there is no co-insurance program through HUD for financing these projects. He said the HUD Program is no longer a viable means of financing; therefore, the developers had to seek other forms of financing. Mayor Abramowitz said if there was any question that this could adversely affect the City, the money would not be the concern. He said he asked City Manager Kelly about the conduit situation and City Manager Kelly said it had been done repeatedly through Broward County. He said Council has asked City Manager Kelly many times about this transaction. Mayor Abramowitz said in 1987, Woodmont Gardens, Inc., gave the City $94,410.00 plus $128,160.00. He said if this goes forward, they will give $10,000.00 towards the park impact.fees and $15,000.00 towards the traffic impact fees. He said this occurred through negotiations with City Manager Kelly. He said the building and engineering permits are $23,419.00. He said the safety of the project is first. Mayor Abramowitz said the revenue in Tamarac has drastically gone down. He said at the last budget hearing, North Lauderdale raised their taxes 56%, Lauderhill abolished an entire department of 26 people, Lauderdale Lakes has reduced their services dramatically. He said there are only two ways of getting money to provide for a City to run. He said one is through fees paid by development and the other is by raising the taxes. Mayor Abramowitz said this is a tax-free proposal. He said the developer will pay the taxes as if it were a shopping center but have agreed to pay any escalation of taxes of any sort. He said the taxes on this project are estimated between 40 and 50 thousand dollars per year. He said it was explained to him that the only way that this could be accomplished was if the municipality did it. He said the developer is proposing to pay the City $75,000.00 for the City to act as a conduit. Mayor Abramowitz said a previous project on. Nob Hill Road, was lost due to an error of someone not making a delivery to the State on time. He said the law said on that project that , either the County or the City, had to give something up. He said Broward. County gave up $158,000.00 impact fees so that the City would not have to give up one penny. He said this project will benefit the City and will not hurt the City which is the number one priority. Mr. Miller said in 1987 when it was originally adopted, it was agreed upon by everyone that there was a need for an ACLF in Tamarac. He said.this bond financing allows the developer to develop the property at a lower interest rate which allows the developer to charge a smaller rental to the residents of the ACLF. He said this is more of a service to the community and more competitive for the project itself. Mr. Grimaldi asked why is it necessary to take the full amount of the 12 million dollar bond. Mr. Miller said the 12 million dollars deals only with the development of Phase 1. He said it will be for the purchase of the land for Phase 2 and the development of Phase 1. He said an additional bond issue would need to be sought for the development of Phase 2. C/M Schumann said there is no reference to the 501C3, Industrial Development Bonds or the Tax Reform Act of 1986 in the Resolution. He said in Chapter 159 of the Florida Statutes, the only thing City Council Regular Meeting 12/19/90/KJ Page 22 mentioned are the revenue bonds. He said in the event of a default, there is a Florida Blue Sky Law which would require City to disclose a risk. He said there would be a possibly the City's image could be tarnished. He said he is not agai this project. He asked about the funding of a Debt Service Reserve Fund. Mr. Whitaker said this would enhance the feasibility of the projects. He said normally an additional amount of money w borrowed equal to a year's debt service on the bond issue a aside in a reserve fund in case of a shortfall during the y without foreclosing the mortgage. C/M Schumann asked what is a Tefra Hearing. Mr. Whitaker said that is an Act passed by the United States Congress in 1983 which requires private activity bonds of th s type and that there be a public hearing called the Tefra Hea i after 14 days published notice. He said the City would cond c this hearing at this time for comments and discussion regardin this project. C/M Schumann said Imperial Manor Corporation has requested t City's assistance in undertaking the acquisition of land. H he thought the developer already owned this land. Mr. Miller said Woodmont Gardens, Inc., currently owns the 1 which would subsequently be sold to Imperial Manor, Inc. C/M Schumann said there would be no problem with accessing additional land and Mr. Miller agreed. C/M Schumann asked if this is a normal procedure to eliminat reference of a 501C3 in the Resolution. Mr. Whitaker said it is not required to be in this Resolutio . said there will be no tax exempt bond opinion issued by his Ei unless there is a qualified 501C3 Corporation as.the obligor u the loan agreement. C/M Schumann asked if this Resolution is made null and void f Imperial Manor, Inc., does not get qualified with the 501C3 t and Mr. Whitaker agreed. C/M Schumann asked if the developer has performed any type o actuarial table to show that all of these loan proceeds will b paid solely from the proceeds of the project. He requested be given to Council for review and Mr. Miller agreed. Mr. Miller said the projections will be available on Thursday, December 20, 1990, which is one of the requirements of the Internal Revenue Service in order to grant the tax exempt st t of the corporation. Mr. Whitaker said this is also a part of the Resolution wher mentions that a feasibility study shall be performed which w s agreed to by the developer. C/M Schumann said Section 12 of the Resolution, states that il acts, conditions and things relating to the passage of this Resolution required by the Constitution or other laws of the S have happened and have been performed as so'required. He sa d passing this Resolution, the City is acknowledging that all f these things have occurred. Mr. Whitaker said Section 9 requirements that have to be do anything. He said one of a feasibility study relating and conclusions are found to City's financial consultant of the Resolution sets forth cer a satisfied before the City agree those requirements is the deliv r to the project where the assump i be satisfactory to the City and t is to be appointed for such purp s I City Council 12/19/90/KJ Page 23 Regular Meeting Mr. Bennett said there is no buyer that will buy a transaction without a feasibility study from an accredited source, especially in this kind of a transaction. Mr. Whitaker said the only purpose of this Resolution is for the Internal Revenue Code in order for the developer to recoup whatever costs the developer incurs between now and the time that the bonds are issued to be reimbursed. Mr. Bennett said other steps will come later, which would be the final approval by Resolution of the bond transaction. He said if Council approves this, the developer can spend money and, if the bond is not approved by Council at that final date, it would all be for nothing. TAPE 5 Mr. Whitaker said there will be a bond Resolution in the future, since a form of trust indenture needs to be approved by Council, a loan agreement needs to be developed and many other things need to be reviewed and approved by Council prior to the transaction being consummated. He said if Council passes this Resolution at present, the City is permitting this developer, as an act of faith, to spend his money, hoping to be reimbursed from tax exempt bond proceeds, when and if these bonds are issued. Mr. Bennett said if this is not approved by Council, the developer will never recover his expenditure of funds. City Manager Kelly said he has had experience with Broward County with the issuance of IDB's, not with the 501C3. He said this is exempt from the uniform cap that is allocated to Broward County. He said when Broward County makes an issuance, it goes through a conduit itself. He said it goes to the Broward Economic Development Board to advise them of the financial capacity of the entity making the application. He said one of the critical things is the wording of the Resolution in the body of the content. City Manager Kelly said one is providing for the issuance of 12 million dollars of bonds. He said what the City is really doing is providj-ng for the inducement to proceed with that project. Mr. Whitaksr said Broward County has had an IDB go into default for a trucking company and now that needs to be resited. Mr. Bennett reviewed his experiences during his employment with Broward County. VOTE: ALL VOTED AYE 15. MQZZQN To ADOPT Tema_ Ord_ #1521 on first reading to amend Section 2--29 of the Code concerning rules governing conduct of spectators at council meetings. SY=91A ` Qz ACTi4.�: Public Hearing was held. APPROVED on first reading. Second and final reading will be held on Wednesday, January 9, 1991 at 7:30 P.M. City Attorney Ruf read Temp. Ord. #1521 by title. * V/M Hoffman UOVZD to APPROVE Temp. Ord. #1521, SECONDRD by * C/M Schumann. C/M Bender said he reviewed this Ordinance which refers strictly to spectators. He said he feels this should include spectators and Council members. He said he feels it is important that Council members should conduct themselves properly also. He said he feels this would be appreciated by the residents if this were changed to include some requirements. City Council Regular Meeting 12/19/90/KJ Page 24 11 11 ). Mayor Abramowitz suggested including the City Clerk, City At and the City Manager also in this ordinance. V/M Hoffman asked if this can be passed on the first readinglw the appropriate changes made on the second reading. City Attorney Ruf said there would be no one to object to this with everyone being limited to their behavior. ALL VOTZD AYZ C/M Bender said this is not only for this Council but for future Councils. Cites council C/M Schumann - No Report C/M Bender - No Report V/M Hoffman - No Report Mayor Abramowitz wished everyone a happy and healthy holiday urged everyone to drive carefully during the holiday season. City Manao= City Manager Kelly wished everyone happy holidays and happy i year. With no further business, Mayor Abramowitz ADJODRN$D this at 12:1.0 P.M. N N RMAN ABRAMOWITZ MAYOR _ A. EVANS =� Y CLERK s public document was promulgated at a cost of $288.71 or-$6. 2 to inform the general public, public officers and employee-2f nt opinions and considerations of the City Council of the Cit rac." CITY Y OF TAMARA.fC APPROVED AT MEETING OF City Clerk 0 r] 11 1