HomeMy WebLinkAbout1992-11-16 - City Commission Special Meeting MinutesCity Council Special Meeting
11/16/92/KJ
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CITY COUNCIL SPECIAL MEETING
NONDAY, NOVENBER 16, 1992
CAL3� Tq DADn: Mayor Bender called this meeting to order on
Monday, November 16, 1992, at 10:30 a.m. in Council Chambers of
Tamarac City Hall, 7525 Northwest 88 Avenue, Tamarac, Florida.
PLEDGE A$ A�TjLAgZMCE: Mayor Bender called for the Pledge of
Allegiance.
Mayor H. Larry Bender
Vice Mayor Henry Schumann
Councilman Joseph Schreiber
Councilman Norman Abramowitz
Councilman Irving Katz
ALRO PRZ;9X)R ,;
John P. Kelly, City Manager
Mitchell S. Kraft, City Attorney
Karen Jackson, Secretary
1. PUBLIC PAR7,XCJY4TION -- 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. 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.
Florence Bochenek, resident, protested the removal of the chain at
Springlake II due to the street being very narrow and the
possibility of increased traffic and the safety and welfare of the
residents.
Harry Dugowson, President of Springlake II, expressed his concerns
regarding the removal of the gate between Westlake and Springlake
II. He said the residents of the area were not informed of the
meeting which had been previously held by Council concerning this
issue and Council proceeded to take action to remove the gate
without any input from the area residents. He said the removal of
this gate will create potential danger to all of the residents on
that street due to many walkers and children on bikes in the area.
He requested that Council reconsider such action.
Ernest Citron, resident, stated that this area was originally
developed as an adult community. He reviewed the history of the
development. He said there were objections by the residents at
that time regarding the through -traffic on NW 77 Street. He said
this was built without sidewalks and the only access anywhere in
the neighborhood is by walking on the street.
Mr. Citron said the average age in the community is 70 years old.
He said removing the gates will put the residents in jeopardy. He
said the neighborhood objects to the impact of traffic going
through the area. He requested that Council reconsider the removal
of the gate.
Matt Friedman, Vice President of Springlake II, said it was at the
request of the City several years ago, for the residents to agree
to a zoning change to accommodate a request which the City made
with the prospect of increasing its tax base. He said not everyone
in the community was in favor of this, but were persuaded to be
broad-minded for the future.
Mr. Friedman said there are records reflecting the consultation
with the Fire and Police Departments and the ambulance services
regarding the gate and that the Fire Department would have a key
to the lock for access.
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Mr. Friedman said he does not feel that there has been a problem
with the emergency responses in the past seven years. He said the
removal of the gate will create a problem of safety to the
residents due to the traffic that will be generated. He stated
that Kings Point has a similar gate in their community.
Lawrence Gould, resident, expressed his concerns regarding the
removal of the gate at Springlake II. He said he has driven the
distance from the firehouse to the entrance of the Westlake
community on NW 77 Street and the time it takes to travel this
distance equals 60 seconds and another 30 seconds to reach any
part of the community from the entrance in the middle of it. He
said the entrance of the Westlake community is almost as wide as
Westlake Drive; therefore, he sees no problem for any truck
accessing the community through this entrance.
Mr. Gould said in comparison with the entrance at Springlake II,
which is much narrower and where the gate is located, any truck
would have to make a 90 degree turn and sometimes, would have to
back up and again pull forward. He asked why Springlake II has
been existing with one entrance for 12 years with no conflict with
the City. He suggested that Council not disturb a situation that
has caused no problem to anyone in the past.
Mark Majesky, resident, said he had purchased his villa on the
entrance of Springlake II based on the fact that he was told that
the gates would remain in place and that it would be a good place
to raise children. He said there are many elderly people walking
through the streets as well as children playing and riding bikes.
He suggested that Council not change something that has not been a
problem.
Martin Kane, resident, said he is a part of the ad hoc committee
of Westlake Villas. He said the residents feel that the gates are
a part of the community and disagree with the removal of the
gates.
Herb Dobbins, resident, said at the gates, there are walking areas
on the side of the gate if people want to walk through. He said if
the gates are opened, it will create a lot of traffic and will
present a problem for walkers.
2. DISCUSSION IMP, POSSIBLE ACTIQN regarding the Springlake
gate.
SYNOPSIS,„ Qr ACTION
APPROVED rescinding previous Council action removing the gate and
then,
TABLED any further action pending information from the City
Attorney regarding the City's liability under the Safe Neighbors'
Act.
Mr. Kelly said on Thursday, November 5, 1992, Council had voted to
have the locks and gate removed between the streets at NW 99
Avenue and NW 96 Terrace. He said the decision was based on the
reports from the BSO, the Tamarac Fire Department, and emergency
services personnel that put the City on notice that the gates
compromise the safety of the residents who could be denied timely
response by public safety entities.
Mr. Kelly said residents from the community were greatly
distressed by the decision and scheduled a meeting with C/M
Schreiber on Friday, November 6, 1992, to protest the Council's
action. He said he joined the meeting shortly after it began. He
said the contentions of the residents are as follows: 1) the Ci-�y
should have notified them to be at the meeting; the City conceded
that point and arranged for this meeting to accommodate the
residents; 2) the City through the Council, Fire Department and
Police Department, had committed to closing off the street to
protect the residents.
City Council Special Meeting
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Mr. Kelly said the minutes of the Council meeting dated October
20, 1987 and November 12, 1987 indicated Council approval only for
a break away chain across the area. He said the site plans include
the gates and it is not necessary when Council approves a site
plan to indicate all of the terms that are included on the site
plan. He said the orders of the prior meeting indicated a chain
and the site plan indicated a gate.
Mr. Kelly continued, 3) their safety concerns are two -fold, they
do not want the neighboring community, which has children, to have
easy access to their community and without the barrier, they are
afraid that the children will be playing in their streets. He said
the residents also expressed concern that their street will invite
people from both sides to take shortcuts, jeopardizing their
safety and the safety of the children who may be playing in the
street.
Mr. Kelly said the barrier provided a comforting sense of
isolation and protection to the residents and without it, they
feel vulnerable.
4) They argued that there is no reason to remove the locked gates
because there have not been any real problems to present.
Mr. Kelly said Staff's position is that the barriers are located
in the middle of a City -approved and dedicated right-of-way. He
said the public record shows that the City has been put on notice,
that the locked gates are an obstacle to the efficient and
effective delivery of public safety services and represent a
significant liability exposure for the City.
Mr. Kelly said the possible options are as follows: 1) to vacate
the right-of-way; the City would have to get a hold harmless
agreement from the community indemnifying the City from any
lawsuits that might arise as a result of the gates. He said the
City may need to utilize the right-of-way in the future, which is
a reason why the Council may not want to abandon the right-of-way.
Mr. Kelly said the second option is to replace the gates with a
breakaway chain or a breakdown gate. He said the present gates are
a liability even without being locked due to their inability to be
readily moved, which could impede emergency vehicular traffic.
Mr. Kelly said the chain which was originally approved by Council
in 1987 is an acceptable option to the Public Safety Officials,
which would deter vehicular traffic. He said the only vital
option, which protects the City's interest and provides protection
for the public safety by deterring the traffic through the
community, is to authorize that the gates be replaced with a heavy
duty, two-inch breakaway chain.
C/M Schreiber said this was brought to his attention after Council
had taken action to remove the gates. He said he was not aware of
the situation in the neighborhood. He said Springlake II had acted
in the best interest of the City and cooperated fully with the
City so that it was possible to develop the property in front of
it without any problems. He said the residents have been living
with this situation for five years and there is no evidence of any
problem regarding emergency service vehicles having access to the
area.
C/M Schreiber said the City has not vacated a right-of-way and
there is no evidence that the City will need the right-of-way at
this time or in the future. He said it would be fine if the City
vacated the right-of-way or resolved this problem, and stated that
Council must leave the gates for the residents. He said it is not
a detriment to the City and the residents will be able to live in
peace and tranquillity.
C/M Schreiber MOVED to RESCIND the previous action taken by
Council to remove the gates.
C/M Katz requested that Staff report on this as to whether or not
City Council Special Meeting
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there is a problem with access of emergency vehicles. He said it
is understood that the Fire Department has the key to unlock the
gates and asked if the Department shares the key with the other
emergency services within the City.
Jim Budzinski, Fire Chief, said this key is a security key which
fits numerous facilities throughout the City. He said the Fire
Department is the only department authorized to have this key. He
said the City cannot hand out a key to each patrol car or
ambulance that may be in the area. He said even the property owner
does not have a key to the gates due to security purposes.
Chief Budzinski said the Fire Department and the ambulance service
carry map books indicating the travel routes and street accesses
to each of the communities in the City.
Chief Budzinski said the original intent behind the gates was to
separate the two communities and to provide security in each
community. He said as a compromise to having a street in this
location, the gates were agreed to, with the Fire Department
maintaining access to them. He said any type of barrier there
needs to be readily movable or passable by emergency vehicles.
C/M Katz asked how the other emergency services gain access and
Chief Budzinski said they have to depend on their maps or, in the
event that one of those entrances were blocked, they would have to
make contact through the Fire Department. He said in most cases,
contact is made with the Fire Department on each emergency
response and the Fire Department does respond to such calls.
Chief Budzinski said the only time that this would need to be u3ed
is if one of the main entrances is obstructed for some reason. ae
said the gates give secondary access to the community.
C/M Abramowitz asked if there is any course of action to be taken
by the City based on the Safe Neighborhood Act, which is allowing
the City to close off the street.
Mr. Kraft said it is possible that the street can be closed, but
there are other variables which may be considered under the Safe
Neighborhood Act and he would need to have time to review the
requirements.
C/M Abramowitz said the City has provided, in many instances,
connecting exits with breakaway chains or fences. He said this
situation is looking to retard vehicular traffic. He said there
have been objections from the residents in this area on both
scenarios. He suggested that the City review the options under the
Safe Neighborhood Act, which would permit the City to close the
street and remove the liability from the City.
Mr. Kraft said this would need to be researched.
C/M Abramowitz suggested that the City take away the gates and put
a series of six breakaway chains, which would deter people from
going through them. He asked if this would cause a problem.
V/M Schumann said there may be an increase in liability by doing
this and C/M Abramowitz asked why.
V/M Schumann said there is a possibility that one of these chains
could swing up and break a windshield and injure a person.
C/M Abramowitz asked if there are other locations in the City
which have a series of breakaway chains and Chief Budzinski said
there is a location with one chain, but not a series of chains, in
existence within the City.
C/M Abramowitz said there are residents who are dissatisfied and
it is his duty to protect the residents and the City. He asked if
there is any way to eliminate the traffic and maintain the
residents' security.
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C/M Katz said one of the sets of plans had a similar type access
which was a 30-foot sodded grass area, which was certified for a
32-ton load on top of it with a breakaway chain. He said if this
sodded area was planted, it would deter traffic. He said this
works in other developments and may work in this community as
well.
Mayor Bender said it is his duty to figure out a compromise in
situations of this nature. He said the City and the residents have
good points. He said there is nothing wrong with installing a
chain which would be large enough to be seen visibly without any
problem. He recommended that a sign be placed on the location
indicating that this be used in emergency situations only and is
to be broken by authorized emergency vehicles.
TAP$ 2
C/M Schreiber said the City made a commitment to these residents
and the residents have honored their part of it and now the City
wants to change it. He said the City has an approved site plan
which shows two gates with fences in this area. He said there is
no proven reason for taking down the gates. He said this situation
has been in existence for 5 years. He said the Fire Department and
other emergency entities have no problem accessing these
communities.
C/M Schreiber said if the City removes these gates, the City may
be subject to a lawsuit because the City issued the site plan with
the fences on it.
Mr. Kraft said it was his understanding that problems do exist
with emergency access.
Mayor Bender said it was brought to his attention that one of the
residents had a problem getting an emergency vehicle to him at
which time they had to leave the truck next to the gate, carry
stretchers and walk across the property into the other area.
Mr. Kelly said the issue arose with the BSO and the Fire
Department in the past during a Plan Adjustment Committee meeting.
During one of those meetings, the Fire Department went on record
recommending to him that the City Council take action to remove
the gates because there was a concern about the public safety and
the City's liability.
C/M Abramowitz asked how many records does the City have
concerning health and safety problems in this area and how many
instances have there been. He asked why this situation has
resurfaced.
Mr. Kelly said he does not have this information.
Chief Budzinski said the Fire Department has not had this problem
due to having possession of the key, but he cannot speak for a BSO
or ambulance delay in response. He said it is not feasible to
distribute the key to everyone involved due to security purposes
for various buildings in the City.
C/M Abramowitz asked what the time savings would be for access to
these communities if the gates are removed and Chief Budzinski
said access is not hindered unless there is an obstruction of the
primary access to either community.
Chief Budzinski said the gates are not used on emergency responses
unless there is an obstruction.
C/M Abramowitz suggested that 3 or 4 breakaway chains be
installed.
C/M Katz said if there is a long stretch of grassy area, a road no
longer exists. He said if there were breakaway chains on either
end of the grassy area, it would deter traffic also. He said this
would be a means of securing the area and still allowing emergency
vehicles the access needed.
City Council Special Meeting
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Matt Friedman, resident, asked if this would also apply to Kings
Point, which has the identical gate in existence. He said it was
reflected in the minutes of the meeting 5 years ago that the
emergency service departments were surveyed for their approval
prior to the installation of the gates.
Chief Budzinski said the difference between Kings Point and thzs
community is that the gates in Kings Point block access between
Westwood Drive (a public street) and the community, not between
two communities and is a secondary point of access for the Fire
Department.
Mr. Kelly said in the minutes of a previous Council meeting, the
only reference made was to a chain going across there. He said on
the approved site plan, there was no discussion on the gate
itself.
Discussion was held regarding the Council presiding at the time of
the decision to install the gates.
Herb Dobbins, resident, said 5 years ago, the developer came
before Council and stated that he could not develop this property
due to the lack of demand for single-family homes. He said the
residents were approached to agree to a zone change. He sa-d the
residents agreed to the zone change and in return, certain
conditions were placed on the agreement. He said the Council
cannot do anything less than remain with the agreement that was
made. He said the existing gates are not necessary for the Fire
Department or the EMS.
Mr. Dobbins said there is a very large double entrance on NW 77
Street and there is no need for these gates to be opened. He said
it takes 60 seconds to drive from the Fire Department to this
location. He said if the development of Westlake needs a second
entrance, then have the developer create a second entrance.
C/M Abramowitz SECONDED the Motion by C/M Schreiber to Rescind
the previous action of the Council regarding the removal of the
gates.
Harry Dugowson, President of Springlake II, said each emergency
vehicle carries a bolt cutter, which can open the lock in one
second.
C/M Schreiber said the Motion was to Rescind the previous acticn
of the Council regarding the removal of the gates. He said to
continue, let the City vacate the right-of-way to resolve the
problem.
C/M Abramowitz asked if the City has the ability to vacate without
having a hold harmless and Mr. Kraft said he would not be able to
advise this.
C/M Abramowitz asked if the City would be able to proceed under
the Safe Neighborhood's Act, leave the gates intact and remove any
vestige of liability that the City would have in the event that
there would be a problem. He said he would like to have this
researched by the City Attorney for a response.
C/M Schreiber AMENDED his Motion that Council RESCIND the
previous action and then TABLE the matter until a report is
received from the City Manager regarding the Safe Neighborhood's
Act, SECONDED by C/M Abramowitz.
C/M Katz said if the Council is looking to eliminate the City's
liability and allow a gate to remain in a public right-of-way
where the City has a liability, he would like to see that a hold
harmless agreement be provided to the City by someone to allow the
City to keep the gate in place.
V/M Schumann asked what can be decided after the action is
rescinded.
n
J
1
City Council Special Meeting
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C/M Abramowitz said based On the information received from the
City Attorney, Council can either leave the gate up or take
further action.
Discussion was held regarding the Motion.
C/M Abramowitz asked if Council would be precluded from taking any
further action if this were to be approved and Mr. Kraft said, no.
Mr. Kraft said the issue was presented to him that because of this
gate, there has been a health and safety issue because of
ambulance services not being able to provide quick access from one
side of the street to the other. He said if there is a threatening
incident that would prevent an emergency vehicle from getting to
the Other side of the street, there is a liability to the City.
C/M Katz asked if the Motion is agreed upon by Council to rescind
the previous action, would the City be in the same position as
before.
Mr. Kraft said the Motion stops the previous action by Council and
maintains the status as it has been since 1987. He said the City
will still have the same liability as it previously had.
VOTE:
C/M
Katz
- NAY
V/M
Schumann
- NAY
C/M
Schreiber
- AYE
C/M
Abramowitz
- AYE
Mayor Bender
- AYE
Mayor Bender RECESSED the meeting at 11:37 a.m. and RECONVENED
the meeting at 11:42 a.m. with ALL PRESENT.
3. a. MOTXQN - TQ-J PT T®r4p _ Re20_ 8639, approving a
carnival sponsored by St. Malachy Church on Wednesday,
November 18 through Sunday, November 22, 1992, on a
portion of vacant property on University Drive, north of
the Church. (tabled 11/05/92)
b. DISCUSSION AND POSS;al& ACTIPP regarding the City's
stage for use by St. Malachy's Church.
SYNOPSIS OF ACTION;, RESOLUTION R--92-178-PASSED
APPROVED 3.a.
3.b. Agendized by Consent and then APPROVED lending the stage to
St. Malachy's Church for repair and usage and executing a hold
harmless agreement with St. Malachy's Church for this usage.
3.a. Mr. Kraft read Temp. Reso. #6393 by title.
C/M Katz MOVED to APPROVE Temp. Reso #6393, SECONDED by
C/M Abramowitz.
Mr. Kelly said St. Malachy's Church is requesting permission to
conduct a carnival. He said the City has been assured that the
appropriate permits and safeguards will be provided to enable
Staff to give Council their recommendation.
Mr. Kelly said Council has been issued a copy of the Fire Chief's
report stating that he is generally satisfied with the traffic
access, fire lanes, hydrant availability and other such
requirements. He said the City has the appropriate affidavit for
flame proofing. He said one concern which was raised was that the
Council extend the Code requirement to 300 feet for hydrant space
service.
Mr. Kelly said the access from NW 64 Avenue has been worked out.
He said the other consideration from the BSO was that the carnival
comply with the City's Noise Ordinance and the Florida Statutes.
He said one of the provisions in the permit was the time of
operation. He said the City would like documentation that security
personnel have been contracted to provide that service and that a
City Council Special Meeting
11/16/92/KJ
Page S
list of personnel working the carnival be supplied to the City.
Mr. Kelly said Dan Wood, Building Official, has provided the City
with his four requirements, which have been distributed to
Council.
C/M Abramowitz said St. Malachy's Church has held this carnival
for 20 years and is their primary fund-raising function. He said
the City has always worked closely with St. Malachy's Church and
has foregone permit fees in the past.
C/M Schreiber asked if all requirements in the memo from Captain
Goldstein of the BSO have been met and Mr. Kelly said this is an
on -going situation as the operation is being conducted.
C/M Schreiber asked if BSO will be monitoring this and Mr. Kelly
said, yes.
VOTE: ALL VOTED AYE
C/M Abramowitz said the City has a stage which is in complete
disrepair. He said St. Malachy's has offered to take the stage,
repair it and make it available to the City at any time
contractually.
Mr. Kelly said it would be in the City's interest to declare the
stage as surplus, which is not in good condition.
Mayor Bender asked if St. Malachy's would store the stage and Mr.
Kelly said, yes.
Mr. Kelly said the City was looking to purchase a new one because
of this one not being in good condition.
Mayor Bender asked if it is legal to do this and Mr. Kraft said
the City would need to comply with all of the requirements
regarding the disposal of City property.
Mayor Bender said this will need to be handled at another time due
to this not being on the agenda and not legally posted.
Mr. Kelly said St. Malachy's wanted to utilize the stage for the
upcoming carnival.
C/M Abramowitz asked if the church can repair this in time.
Matt Lyons, representative of St. Malachy's Church, said the
church is prepared to have this repaired in time for the carnival.
Mayor Bender said Council should vote on the loan of this
equipment at present.
C/M Abramowitz MOVED to APPROVE lending the stage to St.
Malachy's Church and executing a hold harmless agreement regarding
the use of the stage, SECONDED by C/M Katz.
VOTE:
ALL VOTED AYE
4. DX4gUU0N AND POSAT,)IIA ACTION regarding the Golf Driving
Facility at Mayor Bender's request.
SYNOPA T,B. OF ACTION -
APPROVED directing the City Manager to prepare a Request for
Proposal for interest in the development of a golf driving range
and pursue this on a lease basis.
Mr. Kelly said at a previous meeting, Council did not take any
action on some consultants' reports. He said Mayor Bender met with
Mike Couzzo, Director of Public Services, to discuss his concerns
with the subject.
TAPE 3
Mr. Couzzo said this is to discuss the possibility of the use of
11
City Council Special Meeting
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Page 9
the 8.5 acres located west of the existing Public Services
Complex. He introduced Pat Davis, Vice President of Hazen and
Sawyer, the consulting engineer on this project.
Mr. Couzzo said it was the direction of Council at previous
workshops to proceed as far as the City could go with the project.
He said the City has filed applications with the regulatory
agencies which claim jurisdiction of the wetlands, which are the
DER, Corps of Army Engineers and the Office of Natural Resource
Protection.
Mr. Couzzo said after preliminary discussions with these agencies
and after their input on the City's applications, the City needs
to provide them with a mitigation plan which would make an
arrangement to take the existing wetlands, to be able to dredge
and fill those and create a new wetlands area. He said there is a
considerable amount of biological engineering work that needs to
be done with this and get it from the application stage through to
a final acceptance stage and a final mitigation plan.
Mr. Couzzo said Mr. Davis can speak more technically at the
Council's request.
C/M Abramowitz asked how much this would cost and Mr. Couzzo said
in order to do the preliminary biological work, the City is
estimating $22,100, which is the best case scenario. He said this
is if no one requests public hearings and there are no public
objections. He said if there are public objections, these
regulatory agencies are required to hold the public hearings,
which will involve additional costs.
C/M Abramowitz said Council is being told that the preliminary
report up to mitigation is $22,100 if everything goes perfectly.
He said Council is being told that it is going to require a great
deal of fill in order to prepare the land.
Mr. Couzzo said this will require a dredge and fill permit. He
said he made no comments about the fill.
C/M Abramowitz asked if the City will have to do something to the
property to change it from being a wetlands and Mr. Couzzo said,
yes.
C/M Abramowitz said he understands that there are a few people who
have approached the City indicating that they would like to get
involved with this project, build the project and enter into a
contractual agreement with the City to run the project and share
in the profits. He said this is totaling up to $45,000 to $50,000
without building a driving range. He asked why the City would want
to do something like this.
Mr. Couzzo said that is a decision which Council will have to
make; however, regardless of what is done with the facility, now
that the agencies have claimed jurisdictional wetlands, those
issues will have to be addressed by the City at this time or at
such time in which the City would sell or transfer the property or
do any type of development on the site.
C/M Abramowitz said if a person comes in and wants to put up a
factory there, it would be like the situation across from City
Hall, where there was a terrible muck problem. He said the
developer decided that he wanted to put homes there and decided
that the quarter million dollars that it would cost in order for
him to fill in there and make it so that the City would grant them
permits, was economically feasible.
C/M Abramowitz asked if the City must provide a certain amount of
wetlands according to the Tamarac Comprehensive Plan and Mr.
Couzzo said the City needs to provide some sort of tradeoff in the
mitigation plan to satisfy these regulatory agencies.
C/M Abramowitz said he cannot see spending $42,000 without
building anything, but only to make it suitable for building
City Council Special Meeting
11/16/92/KJ
Page 10
purpose i� and Mr. Couzzo agreed.
C/M Abramowitz said instead of the City asking 1.9 million dollars
for the land, he suggested that the City ask 1.8 million dollars
for it. He said the City does not need to pay for this and Mr.
Couzzo agreed.
Mr. Couzzo said this report would only put the City into a
position whereby there would be a plan which would be approved by
the regulatory agencies, but does not include the costs for
whatever was in the mitigation plan that was agreed upon.
C/M Abramowitz said that means that the $50,000 would be on the
low end and Mr. Couzzo agreed.
Mr. Couzzo referred to the October 23, 1992 memo which was sent to
him from Hazen and Sawyer, which outlines the costs involved.
C/M Abramowitz said it was indicated in the memo that if the City
does nothing, the City stands the chance of losing the application
and the $10,000 fee goes by the wayside and Mr. Couzzo said the
City would have to reapply for the applications. He said the City
may not lose all of the $7,500 to Hazen and Sawyer, but a
percentage of that would have to go into reapplying.
C/M Abramowitz said this is not the first time that the City or
any City has done something with an idea in mind and found cut
that it is not practical or sensible. He said he is not in favor
of throwing $45,000 or $50,000 more in the hope of savings a
portion of $7,500.
Mr. Couzzo said the intent is to keep the City Council informed as
to the available options.
Mayor Bender asked where the funds will be coming from and Mr.
Couzzo said Staff recommends that the funds come from the existing
Parks and Recreation Impact Fee Account because this would be a
parks and recreation facility.
Mayor Bender said under these conditions, this is the only way
that money can be utilized anyway and Mr. Couzzo said these funds
could be used for other developments in parks and recreation.
C/M Abramowitz asked what would happen if the golf driving range
is not built at this location.
C/M Schreiber asked if Council is talking about a public park and
recreation facility or a private enterprise. He asked if the City
has the legal right to expend these funds.
Mayor Bender said this is referring to a golf driving range which
will be open to the public for a fee to cover expenses. He said it
is no different than what is currently in existence with the
school.
C/M Schreiber said the City is currently at the point where there
are some people interested in developing this and possibly
eliminating the need for the City to spend the money to correct
the problem. He said the original purpose was to provide a golf
driving range to the public. He said the public will have tc pay
whether the City owns it or someone else. He asked why the City
should get involved with this amount of money.
Mr. Couzzo said it is the Staff's intent that the ownership would
remain with the City of Tamarac, unless the City chose the option
of selling the property to a developer who wanted to develop it
for this purpose.
Mayor Bender said the City is always looking to raise revenue, and
this is a way. He said rather than raising taxes, it is time to
figure out other means to raise revenue for the City.
V/M Schumann said if a half million dollars needs to be tied up,
City Council Special Meeting
11/16/92/KJ
Page 11
it will be a long time before revenue will be seen.
C/M Abramowitz said the Cities of Margate and Hollywood are having
difficult times with their golfing endeavors. He said the City
wants to provide to the public an opportunity to have a
recreational facility and provide an additional revenue source to
the City. He said if there is a possibility that there is someone
who wants to develop the driving range and is willing to enter
into a contractual agreement with the City on a partnership basis,
why not share this situation with someone. He asked if there are
any objections to sharing this which will provide the recreational
area and additional income.
C/M Katz said he does not know if the City can legally get into a
partnership arrangement and C/M Abramowitz said the City has the
ability to lease property.
C/M Katz asked what will be leased and C/M Abramowitz said the
developer would build the golf driving range, he would expend all
of the funds, and a lease agreement is entered into with them
whereby the City would share a certain amount of the profits. He
said they would provide the staff.
Mayor Bender asked if the City would be leasing the property and
the facility and C/M Abramowitz said, yes, and after a certain
period of time, after the end of the lease, the facility gets
turned back over to the City for $1.00.
Mayor Bender said the current problem is getting the ground
prepared. He said the question arose as to whether the City can
even sell the ground unless the people are interested in expending
the money to comply with the regulatory agencies.
Mr. Couzzo said he does not believe that it is the Council's
intention to sell the property at present and all agreed.
Mr. Couzzo suggested that the City go out for a Request for
Proposal (RFP) on some type of arrangement that C/M Abramowitz was
suggesting and have somebody come in on a long-term agreement with
the City to develop, to operate and for the City to lease back to
them with a certain percentage coming back to the City. He said
the City still has to address the issues of the wetlands, whether
the City chooses to do it or the developers choose to do it, which
is at the Council's discretion.
Mayor Bender said Council needs to make some sort of decision.
V/M Schumann said when this began, he was under the impression
that this was going to be an in-house project. He said at present,
the City has spent $10,670, three-quarters of which was for the
preparation of a permit application. He asked if the City has
anyone in-house who is capable of filling out a permit
application. He asked what is so difficult about filling out an
application that asks specific questions.
Mr. Couzzo said Hazen and Sawyer is the City's consulting engineer
and even with what is being recommended, they do not feel that
they have the expertise in their operation to do this and their
sub -consultants, Coastal Zone Resources, is doing the bulk
biological.
V/M Schumann asked why it took $7,500 to an outside firm to
prepare the application which comes from the Environmental
Protection Agency with specific questions asked on the
application. He asked why the City cannot fill out this
application without the assistance of an outside firm.
Pat Davis, representative for Hazen and Sawyer, said there are
certain parts of the application which had to be filled out by a
biologist. He said Hazen and Sawyer did all of the dredge and fill
calculations, which is civil engineering. He said Gordon Sparks,
Deputy City Engineer, and his crew is able to do this type of
work, which is a small portion of what was done.
City Council Special Meeting
11/16/92/KJ
Page 12
Mr. Davis said Hazen and Sawyer then hired Coastal Zone Resources,
which is a biological sub -consultant that specializes in wetlands
issues. He said they visited the site and documented what types of
species are growing there and whether or not they are endangered
species, the types of plants and animals that live there and then
made recommendations and held meetings with the Army Corps of
Engineers, the DER and other jurisdictional agencies.
Mr. Davis said the entire biological portion of the application is
something of very particular expertise. He said there are
thousands of pages of regulations governing wetlands removal. He
said there were additional regulations published last year and are
very difficult to understand. He said it is very important to get
a beneficial determination as to how they view jurisdiction.
Mr. Davis said if the City removes, dredges and fills there
wetlands, the amount of wetlands that the City is going to add
back is less than 1 to 1. He said if the biological consultants
are able to show that the wetlands exist and by showing that
impact and by proving to the biologists from Army Corps of
Engineers and the other agencies that they are not as valuable as
what the agencies might initially want to bargain for, the City
would be able to build lesser acreage, not 1 to 1, but 1 to less
than .5, which is a very significant benefit to the City, by doing
the study. He said if the City had attempted to bargain itself,
the City would have had to replace every acre destroyed with
another acre, based on the lack of knowledge, background and
expertise of the City in this area.
Mr. Davis said if the City decides to move forward to obtain a
dredge and fill application, there is a value to doing it if the
City decides not to build the golf driving range, but to sell the
property. He said when selling property in South Florida that has
a wetlands on it, the prospective purchaser knows that he would
have to spend the money to permit and remove the wetlands prior to
developing, but also that there is some risk, because one never
know when entering into this type of negotiation as to whether one
will actually get the permit or not.
Mr. Davis said if the City is going to try to sell the property in
the future, it should be recognized that the City has a hezd start
knowing that the permit is going to be accessed. He said the City
just has to go through all of the hoops that the agencies have
submitted. He said it is not known whether a future owner would
achieve the permits.
C/M Abramowitz said when this began, the concept of the golf
driving range was great, but the ability to do it is lacking.
C/M Abramowitz MOVED to APPROVE a Request for Proposal be
started, for people who are interested in the golf driving range,
who are interested in doing whatever is needed to build it and go
into a contractual arrangement with the City.
C/M Abramowitz said the City of Davie recently traded some very
valuable land for wetlands because they needed it in order to
comply with their Comprehensive Land Use Plan. He asked if Tamarac
is able to make such an agreement.
Mr. Couzzo said he does not think that this is a part of the
City's Comprehensive Land Use Plan because the agencies weze not
aware that this was a wetlands until the process was started.
C/M Abramowitz said the City may be in violation if the City
removes this. He said maybe the agencies did not know about it and
maybe Kelly Carpenter, Director of Community Development, figured
it in her computations.
Mr. Couzzo said in the mitigation plan, the trade off would be as
mentioned and the City would not be eliminating the wetlands, but
would be substitutina them for another area_
F_
City Council Special Meeting
11/16/92/KJ
Page 13
ti.
C/M Abramowitz said the City would have to spend money to create
another area to replace the wetlands and Mr. Couzzo agreed.
Mr. Kelly said he attempted to do what C/M Abramowitz is
suggesting when he first met with the regulatory agencies. He said
he had asked if the City could trade off the land in the Bon-aire
site, where there is a wetlands area as a mitigation, but the
regulatory agencies insisted on an on -site mitigation and that it
had to be at Land Section 7.
Mr. Kelly said the consultant has provided the City with a lesser
trade off than what was originally expected; therefore, the City
saved approximately half an acre. He said the idea to go towards
an outside person through a Request for Proposal makes the most
sense. He said if the City does not handle the wetlands issue, the
other parties will have to do it, which would be negotiated off
the price of the land as a trade off, which is understandable.
Mr. Kelly said he would be uncomfortable using City monies from
the Parks and Recreation Impact Fee Account because the City is
discussing a commercial venture at present, which should more
appropriately come from the City's Contingency Account. He said
whether this is a golf driving range, a WalMart site or whatever,
it is more appropriate coming from the Contingency Account. He
said after the City gets the Bon-aire proposal from the County,
which is $150,000 coming off of the balance of the Parks and
Recreation Impact Fee Account, leaving a balance of $425,067, the
best way to handle this type of project is to go out for a Request
for Proposal.
Mr. Kelly said there are a number of consultants who have come to
the City stating that they are willing and anxious to get into
this with the City and are willing to put up the venture capital
instead of the City.
Mayor Bender asked if it would have to be determined in advance on
the Request for Proposal as to what the City would like to get and
Mr. Kelly said it is always negotiable, depending on the action.
C/M Schreiber SECONDED the Motion for the Request for Proposal.
C/M Abramowitz recited the Motion as being that the City Manager
prepare for Council's perusal, an RFP regarding interest in
developing a golf driving range on a lease basis.
Mayor Bender asked if this sounds legally appropriate and Mr.
Kraft said with it coming back to Council for approval.
Mr. Couzzo asked if this includes the continuation from this point
on the wetlands issues and C/M Abramowitz said this would be the
only way to do it.
C/M Abramowitz asked if Hazen and Sawyer has the influence
downtown to keep this process alive.
Mr. Davis said it is not so much the influence downtown, but the
regulatory agencies are bureaucrats. He said there have been some
agencies who have declined to declare jurisdiction, which is very
good, but whether the agencies would redeclare the next time is
not known.
Mr. Davis said the permit expires on a due date; there is a time
limit from when the application is processed to when the City
responds.
C/M Abramowitz asked if there are extensions and Mr. Davis said
the City already applied for one extension which was granted. He
said if it is a question of 30 days, then there is confidence in
an extension, but if it is 6 months, that is different.
Mayor Bender suggested that Council consider the City putting out
the money to get this started so that the process is not stopped
and then the City can attach the amount of money onto the price of
City Council Special Meeting
11/16/92/KJ
Page 14
the property.
C/M Abramowitz said if this was a question of spending $40,000 and
then having a driving range built, that would be different. He
said he feels that Mr. Davis can get the time needed.
Mayor Bender said Mr. Davis just stated that there is no guarantee
of an extension beyond 30 days with the regulatory agencies and
Mr. Davis agreed.
Mayor Bender said the City already spent $10,670 and asked -f
Council is willing to lose this money and possibly have to start
from scratch and C/M Abramowitz said he does not think that this
money will be lost.
Mayor Bender said this would be a calculated risk of going beyond
the 30 days and that it may be canceled.
Mr. Davis said there is a definite risk involved. He said once the
clock starts with the regulatory agencies, and they are given
specific reasons to continue, but the time period cannot be
indefinite. He said the City will probably be able to obtain an
extension, but a 6 month extension is questionable.
C/M Abramowitz asked what the status would be for a 3 month
extension and Mr. Davis said he will discuss this with the
agencies and find out what they are willing to consider.
Mayor Bender asked how much time is needed for the Request for
Proposal process and Mr. Kelly said the Request for Proposal can
be ready for Council review in approximately two weeks, but for
something of this nature, the City will be going nationwide to
find companies willing to do this.
Mr. Kelly said the Request for Proposal will need to be left in
circulation for at least 45 to 60 days for responses.
Mayor Bender requested the number of months for the entire process
and Mr. Kelly estimated 6 months.
C/M Abramowitz said he would rather lose $10,000 than $400,000.
C/M Katz said if Mr. Davis can get the City a 3 month extension,
the City will be well into the Request for Proposal to see if
there has been any interest generated.
Mayor Bender said the City cannot reapply, because every time
there is a reapplication, there are permit fees involved.
C/M Abramowitz said the $10,000 went for the biological report.
C/M Schreiber said the permit fees are only $500 and Mayor Bender
said they are more than that.
C/M Abramowitz said it totals $1,100. He said one of the largest
companies in the United States has been requesting to get involved
in this project.
Mayor Bender said he wants to be sure of the time element.
VOTE: C/M Schreiber -- AYE
C/M Abramowitz - AYE
C/M Katz - ABSENT
V/M Schumann - AYE
Mayor Bender - AYE
Mr. Kelly said he provided a copy of the correspondence from, A. J.
Gallagher to Council regarding their $11,000 authorization for
their premium in which they responded to Council's concern that
they received a double payment and that they only received a
single payment. He said the insurance is currently in effect and
Council will need to address this soon.
11
City Council Special Meeting
11/16/92/KJ
Page 15
C/M Schreiber said A. J. Gallagher had submitted a bill for
approximately $11,000 which was for the risk management
information. He said A. J. Gallagher acted as a risk manager in
regard to the services securing the binder and whatever they have
done. He said based on an agreement by the past Risk Manager, who
authorized them to do it, they are requesting payment for their
service.
C/M Schreiber said there was a question by V/M Schumann as to why
the City needs to pay this, when they are earning a commission. He
said on this particular insurance, A. J. Gallagher is not earning
a commission, but a brokerage fee. He said the point is the
$11,000 paid to A. J. Gallagher, who rendered risk management
services to the City in regard to the coverage.
C/M Abramgtz asked if this is standard in the business and C/M
Schreibe'il_-'�'id, no, but the City is dealing with a company that is
not remgAiJLgd in the State of Florida. He said the City Manager
informer toi'ticil that the Florida League of Cities is financially
shaky an& tffis company is more secure.
V/M Schumann said an example would be if he had a broker or agent
to place automobile business for him, the broker gets a commission
from the carrier when he places the business. He asked why he
would have to pay the broker because he puts the business with a
certain Company.
Mayor Bender asked if the City had some type of agreement that
this company would act as the Risk Manager and Mr. Kraft said, no.
Mr. Kraft said at the last Council meeting that this was
discussed, the Council had a copy of the proposed agreement which
A. J. Gallagher had submitted to the City. He said since that
time, he sent the agreement back to the agent for A. J. Gallagher
for their review. He said the City has no formal written agreement
with A. J. Gallagher, but apparently what the City had was the
previous Risk Manager entering into negotiations, making sure that
the City was properly covered effective October 1, 1992, which was
the anniversary date.
Mr. Kraft said it seems that there was some type of understanding
that A. J. Gallagher would be paid the $11,000.
C/M Schreiber asked if the broker fee has been paid by the City.
Mr. Kraft said he understands that the only thing that the City
has paid is the coverage or premium for the insurance and the
brokerage fee has not been paid, and is pending Council's action.
Mayor Bender said at present Council has no back up on this item
and would like to have the City Attorney review the documentation
and bring it back to Council at the next meeting.
C/M Schreiber said Council acted on the Resolution to provide the
multi -family waste hauling service to Southern Sanitation on
Friday, November 13, 1992. He said he received a phone call to the
effect that actually the low bidder on the two cubic yards
indicated that if he would provide, according to his bid, three
times per week service, it would be less than the two times that
Southern Sanitation bid.
City Council Special Meeting
11/16/92/KJ
Page 16
Mr. Kraft suggested this be properly agendized based on the item
being a very volatile area, which would give those with any
interest the ability to be present to participate.
With no further business, Mayor Bender ADJOURNED this meeting at
12:35 p.m.
CAROL A. EVANS
CITY CLERK
H. BENDER
MAYOR
CITY OF TAMARAC
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