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HomeMy WebLinkAbout1994-05-16 - City Commission Workshop Meeting MinutesCity Council Workshop Meeting 5/1 6/94/KR Page 1 CITY OF TAMARAC CITY COUNCIL WORKSHOP MONDAY, MAY 16, 1994 CALL TO ORDER: Mayor Norman Abramowitz called this meeting to order on Monday, May 16, 1994, at 10:00 a.m. in Conference Room #1 of Tamarac City Hall, 7525 Northwest 88th Avenue, Tamarac, Florida. PRESENT: ABSENT: ALSO PRESENT: Mayor Norman Abramowitz Vice Mayor Irving Katz Councilwoman Sharon Machek Councilman Joseph Schreiber Councilman Larry Mishkin Robert S. Noe, Jr., City Manager Dina M. McDermott, Assistant City Manager Mitchell S. Kraft, City Attorney Carol A. Evans, CMC, City Clerk Karen Jackson, Secretary 1. DISCUSSION on roads and utilities for Land Section 7. C/M Schreiber asked if anyone knew when the land was cleared on the South side of Land Section 7 at Commercial Boulevard and Nob Hill Road. V/M Katz said he received a call that the representative of the property periodically cleans it so that they do not get cited. Mayor Abramowitz said about six years ago the County Board of Commissioners was getting constant complaints that the Bonaire Property was overgrown and not being cared for and after contacting the property owner, it was done. Vernon Hargray, Public Services Director, said his discussion was a continuation regarding the direction the City Council would like to take with Land Section 7. He said Land Section 7 is probably the most important piece of property in the City in terms of development and historically it has been set aside. Mr. Hargray said Land Section 8 has been developed and is a prime piece of property and the City Council must decide where and what is to be placed on the property. Mr. Hargray said a Committee was formed several years ago to address what would be the best alternative and approach to developing a road which is now Hiatus Road. He said a Selection Committee was formed and they interviewed a panel of three firms and Carr Smith was selected. Mr. Hargray said Carr Smith has discussed with City staff different approaches and alternatives in deciding how to get the project moving. He City Council Workshop Meeting 5/1 6/94/KR Page 2 said issues have been raised concerning gutters, the amount of money available (about $900,000), Westpoint property being able to receive an extension, the City financing the north portion of the property and having Westpoint fund the properties below the south end and about financing. He said the financing discussion consisted of whether the City should finance and the types of financing. Mr. Hargray said he contacted Brian Mirson, President of Carr Smith & Associates, who discussed some preliminary thoughts with him last week. He said he brought Mr. Mirson to discuss Items 1 through 4 on the City Council agenda. Mayor Abramowitz asked what zoning presently encompassed Land Section 7 and Mr. Vonder Meulen said a majority of the zoning is light industrial land use except for the two eastern corners which are commercial. Mayor Abramowitz asked how the City stands regarding compact deferral on the land. Mr. Vonder Meulen said Land Section 7 was not currently in compact deferral, however, the Nob Hill Road Section is approaching Level Service F. Mayor Abramowitz asked if Mr. Vonder Meulen was in the position to tell the City who has or has not platted and Mr. Vonder Meulen said he was. V/M Katz asked if anyone recalled one piece being recreation and another piece being A--1. C/M Schreiber said it was the Gould plat. Mr. Hargray said the City Council was provided with a map showing everything that was platted at their last meeting. Mr. Mirson, President of Carr Smith & Associates, said the map the City Council was provided with identifies the entire Land Section. He said if the Butters, the Gould and the Westpoint square footage were added up they would represent about 70% of the property of Land Section 7. Mr. Mirson said they felt the City had opportunities related to concurrency and to the DRI expiring on the Westpoint road at the end of the year. He said the recent development pressures that Mr. Butters is experiencing and his interest to develop represents the fact that the City is able to develop a type of coalition of the owners to identify what can be done within the entire land section. Mr. Mirson said the City should determine the financing mechanisms and provide a master plan for implementing the mechanisms without interfering or losing some of the agreements in development opportunities. He said individual owners will come forward and identify that if the road does not get built in the near future they will lose it to Sunrise or other cities within the area. Mr. Mirson said they propose to split the contracts up into different pieces. He said his first section, in the front end, involved the planning activities to develop a strategic plan and consensus on how to lay out the roads with the property owners. City Council Workshop Meeting 5/1 6/94/KR Page 3 Mr. Mirson said the second piece was to insure that the financing is put in place in terms of partnering with the development community and how to implement it. He said his third piece suggested providing a contract with the City stating they will support the City in Land Section 7 for infrastructure, roads, planning and engineering. He said they were not asking the City to authorize anything for them other than the planning services. Mr. Mirson said the fourth section was to insure that the City Attorney and legal support, who are familiar with land development issues, are involved in the program. Mayor Abramowitz said about four years ago a meeting was held of all the owners except Westpoint and all that became of the series of meetings was that everyone agreed that they could not agree. He said when the suggestion is made that a coalition of the balance of the owners is developed, he feels it is futile. Mayor Abramowitz said he believes there is an opportunity now to do something with Land Section 7. He said he bases it on the fact that it will not be done tomorrow and what he sees happening throughout Broward County has a big impact. He said he feels the Sawgrass will soon be a major artery. Mayor Abramowitz said he is opposed to an extension on Westpoint's DRI because they have a responsibility that he wants them to fulfill. He said he wants the northern portion to start the same time Westpoint starts. He said he sees the City, in conjunction with Westpoint, putting in the infrastructure that is needed with the full knowledge that the City will get their money back. Mayor Abramowitz said he has only seen expenditures from Land Section 7 and he would like to see it finished. V/M Katz said relative to Westpoint's DRI, a letter from a Westpoint representative said concurrently with the City starting construction of the road on the north half of Land Section 7, they will start construction on the extension of Hiatus Road. He said they have committed to it. Mayor Abramowitz said a letter does not constitute a commitment. V/M Katz said he would give copies of the letter to everyone. Mr. Kraft said the letter was a statement of intent. V/M Katz said he is in favor of pursuing development of Land Section 7. He said about a year ago the City Council approved about one million dollars from road impact fees that could be utilized for Hiatus Road and its extension to Nob Hill Road. V/M Katz said he thought the City was heading in the right direction by authorizing engineers to come up with an alignment of the road and he feels the City has a window of opportunity. He said he thinks Sunrise has City Council Workshop Meeting 5/1 6/94/KR Page 4 effectively marketed all their commercial and industrial property. He said he would like to see what can be done about moving it along. C/M Schreiber said he was anxious about getting the area developed. He asked if Hiatus Road was put in the northern portion, would it be necessary to put in the roadway from Nob Hill Road to Hiatus Road and what would the extension cost. C/M Schreiber said the proposal was about $233,000 for the paperwork and the City may be in the area of about one million dollars or more to build it. He asked if it would be more advisable to just build the upper portion. Mayor Abramowitz said it has always been suggested by the engineers that the practical thing to do was to open up Nob Hill Road before anything else. He said the big fight was the exit and ingress on McNab Road. He said he never heard anything different than that the intelligent thing to do from a marketing standpoint is to open Nab Hill to go to Hiatus Road. Mayor Abramowitz said he would vote yes right now if he was told it would only cost one million dollars. He said experts who do this sort of work have said it is a big job. C/M Schreiber asked if the City could do all or part of the job in-house to save money for the road itself. City Manager Noe said a number of tasks will be involved before the project is completed. He said there may be tasks later on that City staff would be able to complete but he thought the first four tasks need to be assigned and his recommendation for the assignment was Carr Smith. C/M Schreiber said he was certain the City could get an estimate on the cost of the road construction instead of only the preparation. Mayor Abramowitz said the preparation is an integral part of building the road. V/M Katz said the City does not have the manpower or expertise to complete this job at this time. He said he wanted to move along with the project to get it to the point where it can be started. C/W Machek responded to Mr. Mirson's remark in opposition to forming a coalition. Mr. Mirson said they were trying bring a recommendation to the City Council which will be a general consensus of where the whole group would like to be. C/W Machek said four years ago the City was not in the position they are in now with Level Service F coming close to Nob Hill Road. She said she did not want to get into piecemealing. Mayor Abramowitz said his suggestion was the only way not to piecemeal and completing the first four would bring to the Council the preparatory information needed to give a contract to an engineer. Mayor Abramowitz said he thought about 75% of the people named will never develop but will sell because it will be worth more with the development than without it. He said as long as they want to do anything City Council Workshop Meeting 5/16/94/KR Page 5 with the land they must pay their fair share and that is the only way not to have a piecemeal project. C/W Machek said there are concerns such as wetlands, buffer zones, and the City is down on green space. She said she had heard four years ago that part of the area was to be committed to green space. V/M Katz said the DRI in the south half has a certain amount of property devoted to green space. Mr. Vonder Meulen corrected him saying it was open space. C/W Machek said the last time the Council spoke on the subject they were going to try to make sure all the individuals close to Level F were notified and she was wondering if that had been accomplished. Mayor Abramowitz said certainly one of the first things the firm would do would be to notify all of them of what was happening. Mayor Abramowitz asked if the City wants to start the process that Carr Smith was going to do. He said the City was trying to get the information that would allow the members to vote intelligently. C/M Schreiber said the entire project needs to be discussed. V/M Katz said he would like to get a consensus on whether to move or not. Mayor Abramowitz said he would not move until he knows whether the City is going to do the project. He said the City knows who the players are and his suggestion is that Westpoint is the big player. He said he would like the City to oppose any extension of their DRI. City Attorney Kraft said the letter mentioned by V/M Kraft does not bind them but it does state their intent. Mayor Abramowitz said it is the intent of Westpoint that if the City handles the northern portion they will do the southern portion. Mayor Abramowitz asked who would handle the financing aspect of the project. Mr. Noe said he was not 100% prepared to discuss financing. Mayor Abramowitz asked if there was an estimate of the cost. Mr. Mirson said a rough estimate of the overall cost of constructing the road would be about three million dollars not including engineering or permit costs. He said the estimate included canal work, building utilities, etc. Mayor Abramowitz asked if it included just the northern portion and Mr. Mirson said it included the whole section. Mayor Abramowitz asked what the cost would be starting from Westpoint's acreage to the City's acreage. Mr. Mirson said an estimate of 1.6 million dollars including the canal. He said almost 50% of the expenditure of the project is related to the canal and the southern portion. Mr. Mirson said it was $240,000 for the road itself. City Council Workshop Meeting 5/1 6/94/KR Page 6 V/M Katz asked what kind of rights of way the City has and if a cost was included for procuring rights of way if the City did not have them. Mr. Mirson said it did not include the cost for procuring. Mr. Mirson discussed the areas on the map that had rights of way. V/M Katz asked who dictated the alignment so the City does not have any right of way. Mr. Mirson said there was not any alignment dictated. V/M Katz said it might be easier to procure right of way and Mr. Mirson agreed saying it was in their proposal. Mayor Abramowitz said he did not want to start doing it the easy way and the primary concern should be the proper alignment of the road and not what is easy to get. Mr. Mirson said part of what he would be expected to provide the Council with would be options, implications and what is in the best interest of the City. He said there could be other alternatives from developmental incentives. V/M Katz said he wanted to know that the alignment was not intact and if there could be discussion to move the south half of Hiatus Road anywhere to make it more conducive for an alignment or for procuring rights of way. Mr. Mirson said those aspects would be included. TAPE 2 Mayor Abramowitz said he would like someone to call Kelly Carpenter in Lauderhill to find out what kind of opposition, if any, the City had before. He said the City now had a general idea of what the construction would cost without the engineering fees. Mayor Abramowitz asked if Mr. Mirson knew how much the engineering fees would be. Mr. Mirson said he estimated about $250,000 to $300,000 in entirety. Discussion took place on the rough draft estimates. V/M Katz asked if the estimate included permits. Mr. Mirson said it included the work having to do with permits but does not include a wetland mitigation. He said he does not know what the wetland potential will be but does not anticipate it being a big piece and did not complete a survey. V/M Katz said he thought it should be known. Mr. Vonder Meulen said, in reference to the wetlands, there have been field surveys done in Land Section 7 but not in the north portion. City Engineer Gordon Sparks said the engineers from Westpoint had identified wetlands in the south half and even proposed a large lake in the mitigation area by the Sawgrass property. Mr. Butters said they had completed the study on the wetland issue on his property and they are going to do five acres of mitigation and take care of it. Mr. Butters said by tomorrow all the field studies will be done and they could give the Council a complete report for everything that is necessary to do the access road and part of Hiatus Road. 1 1 City Council Workshop Meeting 5/16/94/KR Page 7 V/M Katz asked about the Gould property. Mr. Butters said part of it will be affected. Mayor Abramowitz said definite figures are going to have to be available and the only way he could see to do this was to start the process. V/M Katz said definite figures could not be reached unless someone was authorized to compute them. Mr. Sparks said $40,000 is a maximum figure that is not to be exceeded by Carr Smith and it could be less. He said they have to perform the first four tasks for $40,000 or less and the City will be scrutinizing Carr Smith' invoices. Mayor Abramowitz said a portion of the fee should be charged to the southern half of the section. Mr. Mirson said the money they are proposing is to look at the entire Land Section 7. Mr. Mirson said there will be information provided to them from the south and by many developers out there such as Butters and whatever information is given to them will not be researched again. V/M Katz said the City does not want a disclaimer like an accountant has and Mayor Abramowitz said the City will not have a disclaimer. Mayor Abramowitz said V/M Katz is stating that when he gets a report, he does not want to have to ask what has not been included. Mr. Mirson said Carr Smith is on the line and needs to be comfortable with all of the material that is included. Mr. Sparks said the original proposal from Carr Smith was about $340,000 and he renegotiated and identified tasks that the City staff could complete. He said the April 28 proposal letter totaled $233,000 so the first round showed a big drop in price. Mr. Sparks said a lot of the tasks are not to exceed the amount stated so there is still room for reduction in the costs. He said when he identified the first four tasks he will refer to it as a maximum value. Mr. Sparks said the other eight tasks will be looked at in more detail but do not need to be done right away. He said the first step after the City receives their answers will be to decide how much should be completed. Mayor Abramowitz said it would be intelligent of the Council to instruct the City Manager to contact Westpoint and inform them of the thinking of the Council. He also wanted the Manager to indicate that the Council would expect Westpoint, based on the letter V/M Katz had received, to be in a position to start construction when Tamarac does. Mayor Abramowitz said he would also like Westpoint to know if Tamarac hires Carr Smith, he will be completing the whole job and it would be in their best financial interest to share the costs with the City. City Council Workshop Meeting 5/16/94/KR Page 8 C/W Machek asked if it would be best that the City not expect Westpoint to start the construction but to contribute to it. Mayor Abramowitz asked if she meant the City should just build Westpoint's share and they would give the City the money. Mayor Abramowitz said Westpoint's responsibility is in their portion of the land. He said as of December, 1994, their DRI is up and if they do not exercise this or get an extension they will lose the benefits. C/W Machek referred to Alligator Alley and how the engineers had to place a curve in the road when the two separate sections met because they were off in their calculations. She suggested it might be best to have the City look at this as a big project and have Westpoint contribute the money. V/M Katz said he thought C/W Machek's suggestion is something City staff should be negotiating. Mayor Abramowitz said he would like to have the City have complete control over the project but knowing Westpoint he did not know what would happen. V/M Katz asked if the $2,500 could be taken out of the City's bank and the road impact fees so the City could start with no capital investment out of the General Fund. C/M Schreiber said what is to stop Westpoint from asking why the City cannot build the extension road in the south part when the City tells them they will build the extension in the north part. Mayor Abramowitz said Westpoint's DRI gives them the responsibility of putting in the extension in the south part and one of the motivating forces in his mind to getting this started is that Westpoint is going to ask the County for an extension. He said he will do everything to convince the Council to fight that extension because to do half is ridiculous. He said he would be happy if they would give the City the money to do the project. V/M Katz said it depended on how good the staff was in negotiating. Mayor Abramowitz said Mr. Pritzger gave 22 million dollars to his daughter, Penny, and maybe someone could talk to her. V/M Katz said she has competent people that are working for her best interests that do the negotiating and she does not do it. Mr. Noe said he has a philosophical bias against the way Mayor Abramowitz is going. He said if he was at Westpoint he would much rather give the City an amount of money and be totally absolved of any responsibility for the road because the outcomes are unknown. Mayor Abramowitz said all the Council was going to do was give an expression of interest for spending the $40,000. Mr. Noe said he understands the issue of control that would come from the City having the whole project but his experience indicates that the City City Council Workshop Meeting 5/16/94/KR Page 9 could be buying some liability that they may not know about. Discussion took place. Mayor Abramowitz said the Council is to give the City the money and the said right now the Council is decidin g C/M Schreiber said the City does not want to get involved with a project unless they know what the total cost will be, how it will be financed, and if they are willing to complete it. He said he thought the City should know these things before they have Carr Smith start with the four steps. Mayor Abramowitz said he thinks in order for the City Council to make an intelligent decision on the things C/M Schreiber discussed, the information needs to be provided to them. C/M Schreiber asked if the City was prepared to move forward, whatever the cost, once they have the information. Mayor Abramowitz said if he was asked to cast his vote now on whether or not to do the project, based on what he has heard, and he was told the cost of doing the City's portion of the road was $1.6 million he would vote, yes, immediately. C/M Schreiber asked how the Council will know after the four tasks have been completed whether it is any different. Mayor Abramowitz said Carr Smith said they would provide different alignments which may be less than the estimated cost or better for the value of the property. C/M Schreiber said what should be done is to take the most expensive position and anything below that is fine. Mayor Abramowitz said the Council is missing a crucial issue that by December Westpoint has to make a move and the City has never had that before. V/M Katz said if the DRI expires so does the commitment to spend almost $2 million of Westpoint's money and the City is liable to inherit the $2 million cost. Mr. Vonder Meulen said he has been in almost weekly contact with the agent for Westpoint and they are in agreement with what they have stated in V/M Katz's letter and are willing to amend the development order to state that. Mayor Abramowitz said Mr. Butters is currently saying now is the time to start. V/M Katz said he would like to see Council authorize staff to look to satisfy some of the other questions regarding financing the balance. Mr. Noe said the City Attorney was currently working on the alternatives. City Council Workshop Meeting 5/16/94/KR Page 10 Mayor Abramowitz said there were people at the meeting who had expressed an interest in the completion of the infrastructure and the road. He said certain landholders had said they did not care if it was completed or not. Mayor Abramowitz said the City has to have a system of financing and he is against putting it on ad valorum because the project will pay for itself and will be beneficial to the tax roll of the City over a period of years. Mayor Abramowitz said the City needs to know: the cost, who will share the cost, how to pay for it, the method of financing that will be used, and information on who is interested and who is not. Mr. Hargray said the financing mechanism has always been available to the City as the general obligation bond that can be stretched out for thirty years to make sure the individuals in the area will have sufficient time that the City can recover its money. Mayor Abramowitz said he does not want to borrow $2 million and find out he has $400,000 up front costs. He said the easy way is not always the best way. Mr. Noe said a package of information will be put together so the Council can get every alternative. Mayor Abramowitz asked for an expression of interest from the Council on whether they want Carr Smith to start the project. EXPRESSION OF INTEREST: ALL AGREED Mayor Abramowitz RECESSED at 11:13 a.m. and RECONVENED at 11:20 a.m. with ALL PRESENT. 4. STAFF PRESENTATION/DISCUSSION regarding Tamarac's proposal to the Metropolitan Planning Organization (MPO) Intermodal Surface Transportation Efficiency Act funding program. Mr. Vonder Meulen said this was a request for endorsement of the projects the staff was proposing to the Intermodal Surface Transportation Efficiency Act funds that are available through the MPO. He said approximately $40 million is available in Florida and he would like to get the projects on the list. Mr. Vonder Meulen referenced previous applications from other cities and said Tamarac's applications merit some consideration. Mr. Vonder Meulen distributed a memorandum to the Council and stated the funding ratios are 80% Federal, 10% State and 10% Local. He said the local funding can be reduced to almost zero whenever a project affects a state road. P 1 City Council Workshop Meeting 5/16/94/KR Page 1 1 Mr. Vonder Meulen said he had taken the worst case scenario for the four projects. He explained the first project as being a City-wide median landscaping improvement. Mr. Vander Meulen said after Hurricane Andrew, the City received a grant from the State to complete a street tree inventory which was completed about May, 1993. He said the recommendations that came from the consultant were for median improvements. Mr. Vonder Meulen said some median improvements were already occurring on portions of Commercial Boulevard, University Drive, McNab Road and NW 70th Street. Mr. Vonder Meulen said he would like to request through the MPO to place the rest of Tamarac under the median improvement program which would include curbing, irrigation and landscaping. He said this would take place on the other portions of Commercial Boulevard, McNab Road, Southgate Boulevard, Pine Island Road, NW 82nd Avenue, NW 70 Avenue and perhaps Rock Island Road. Mr. Vonder Meulen said there are trees in most of these areas, however, the landscaping may be inadequate or there may not be curbing or irrigation. Mayor Abramowitz said he is a member of the MPO and a lot of money was available which Tamarac has never benefited from. V/M Katz asked if the areas Mr. Vonder Meulen discussed were subject to the availability of federal funds and Mr. Vonder Meulen responded he was correct. V/M Katz asked if in the event there were no funds, no project would be completed. Mr. Vonder Meulen said the projects would still be City projects and other funding sources could be sought after. V/M Katz said some of the areas Mr. Vonder Meulen was showing were not state roads and Mr. Vonder Meulen said they connect to state roads and that is part of the eligibility. V/M Katz asked if the City was obliged for the maintenance of the landscaping and/or irrigation of the state roads and medians. Mr. Vonder Meulen said he believed the agreements were made on a street by street basis and the standard is that the City take over the maintenance. Mr. Vonder Meulen said the second project is the City-wide sidewalk program. He said his staff has broken the figures down into linear feet and the sidewalks will average four and one half feet wide. He said the 956,000 feet they figured from the average width would complete the indicated areas on the map the Council had. C/W Machek asked if the City was requiring Pulte Homes to complete their own sidewalks in front of their development and Mayor Abramowitz said they would. City Council Workshop Meeting 5/16/94/KR Page 12 Mr. Vonder Meulen said there is a requirement in the Land Development Code that says they must construct the sidewalks. C/M Schreiber asked if the City was going to ascertain whether the areas that are scheduled to receive sidewalks really want them. Mayor Abramowitz said there are few a areas that do not want sidewalks because it would subtract from their lawns. He said Mr. Vonder Meulen can apply for the project but he would not recommend installing sidewalks in areas that indicated they did not want them. C/W Machek asked how they would find the indicator of who wanted the sidewalks and Mayor Abramowitz said through the Homeowners Association. Mr. Vonder Meulen said the last two projects involved pedestrian and bicycle trails (lineal parks). C/M Schreiber asked what the City's liability was on Project 3 because they were going to put it under overhead power. Mr. Vonder Meulen said there is a 110 foot Florida Power and Light (FP&L) utility easement, however, there is about 250 feet of land. C/M Schreiber said there is a history of people making lawsuits against municipalities and utility companies claiming the power has created illness. Mr. Vonder Meulen said the electro-magnetic fields are a consideration. Mayor Abramowitz said he imagined no matter what, people would litigate because it is there. He said the City has an agreement with FP&L where FP&L has stated they will not place high power lines throughout the City. Mayor Abramowitz asked if that land was the land the City was looking at to use as retention land. He said the City is running out of land for retention. V/M Katz said they were planning to sell it. Mayor Abramowitz said if someone building a project does not want to donate land, they can buy retention rights from the City. Mr. Vonder Meulen said Mayor Abramowitz was talking about retaining ponds designed by the Engineering Department. He said he was discussing a walkway and the two are compatible with each other. Mayor Abramowitz asked if Mr. Vonden Meulen was sure because the City must have retention land. Discussion took place. He said the City had made an arrangement with FP&L to use that land as retention ponds. C/W Machek said a path already exists along the C-14 canal which is a walking path to Taravella High School. Mayor Abramowitz asked Mr. Vonder Meulen to check very thoroughly the retention portion of the land because the City was told they must have the ability to provide retention rights to developers. City Council Workshop Meeting 5/1 6/94/KR Page 13 Mr. Vonder Meulen said the fourth project involved the Northwest 57th Street Corridor which has a bike path currently but they want the ability to slow traffic by making it two-lane instead of four -lane divided and use the rest of the existing land. V/M Katz asked where this would take place and Mr. Vonder Meulen said from the Visual Graphic Site to University Drive or the Meadows. Mayor Abramowitz said the only traffic in that section is from the Temple. V/M Katz said one of his concerns was that it was not developed yet. C/M Schreiber asked how Section 11 would feel about giving up their road. Discussion took place regarding safety of pedestrians. Mayor Abramowitz said from Pine Island Road going west it does not affect any homeowners, it only affects the Temple and the Miami Building. V/M Katz asked what level of service would move to Commercial Boulevard. Mr. Vonder Meulen said that could be a consideration but it was not approaching Level Service F. V/M Katz said he did not want to wait until it did and wanted to have a projection of development for that area and the impact it would have on trips. Mayor Abramowitz said if the City applied and received the funding and did not want it they could always decline it. EXPRESSION OF INTEREST: ALL AGREED 3. DISCUSSION on proposed Annexation. V/M Katz said he had made a presentation at an earlier time with maps and areas that he thought the City should be looking at. He said he thought in the interim some valid concerns have been expressed. TAPE 3 V/M Katz said he wanted to stay with areas of annexation that are commercial rather than residential. V/M Katz said one of the concerns the Broward Sheriff's Office (BSO) and Fire Department have had as far as costs are concerned has been to provide service of police and fire for the residential areas. He said his basic concern is creating an additional source of revenue and the areas of prime concern are the Corridor on 441 between Commercial Boulevard and McNab Road and on Commercial Boulevard east of 441 running to NW 31 st Avenue. V/M Katz said at one time these areas were probably part of Tamarac and Council people gave it to the County in Fort Lauderdale and Lauderdale Lakes who jumped on it as creating a good source of income. He said in the newspapers, daily ads show that Fort Lauderdale had another hearing on another piece that they are annexing. He said he thinks the City should be looking and was asking for a show of interest to pursue this. City Council Workshop Meeting 5/16/94/KR Page 14 V/M Katz said if it will be pursued at one point the City will have to go for Referendum and the deadline for the November referendum is September 8. Mayor Abramowitz said there has been indication that there is a fair amount of separated spots. He asked the City Attorney if the City has to indicate each individual area on a referendum or can they be indicated collectively. V/M Katz said he hopes some of it will not need to go to referendum. He said the changed laws suggest that the City can receive a voluntary stipulation from any landowner in an unincorporated area that he wants to be annexed to Tamarac providing there are no voters in that area. C/M Schreiber asked if approval from the residents of Tamarac was needed for the City to take a piece of unincorporated Broward County. Mayor Abramowitz said the City Council has to agree that this is what they want to do. V/M Katz said a referendum would be needed if the City was to take over a residential area. He explained a referendum for a residential annexation. V/M Katz said he was looking for individual pieces so that the City can go to the landowner and get voluntary annexation. Mr. Kraft said there were basically two procedures for annexation; involuntary or one that requires a referendum. He said voluntary annexation takes place often in the south end of the County where one property owner may tell the City that they want to be part of the City and an Ordinance will be passed. Mr. Kraft referred to an earlier question regarding how many Ordinances would be needed and answered by saying that the Statutes provide that an Ordinance has to annex an area of contiguous compact. He said if the land areas the City is discussing are touching it may be possible to put them under one referendum. V/M Katz asked if the City could do this on voluntary stipulation of the landowner and Mr. Kraft said if there are no voters in the area they could. Mr. Kraft read from Florida Statute 171044, Voluntary Annexation. V/M Katz said one of the prerequisites would have been that the potential annexee has to be shown that the City can provide the same level of service as the residents of Tamarac are currently receiving. He said there are forms the County insists on and the City has to be able to provide them water, sewer, roadways, schools, etc. V/M Katz said he had obtained maps of all the water supply lines and of waste water lines. Mayor Abramowitz said he would be in favor of annexing the proper areas and discussion of the annexing process followed. L_J 1 City Council Workshop Meeting 5/1 6/94/KR Page 15 Mayor Abramowitz said the portion that he did not want was Pompano Park because the laws in Tamarac are very stringent and he cannot see how they will ever get the residents living there to adhere to them. He said he did not want Section 5 to be upset about Tamarac not being able to enforce their laws. Mayor Abramowitz said if the County cleans up an area and provides the infrastructure there is nothing wrong with Tamarac making it a nicer place. V/M Katz said he prefaced his remarks by saying one of the things he wanted to do that he had not proposed earlier was to eliminate everything that was residential due to costs. He said the potential cost increase in services provided by BSO and the Tamarac Fire Department would make it prohibitive. Mayor Abramowitz asked if the City could do that and V/M Katz said they could. Mr. Kraft said as long as it is contiguous to the City and in the unincorporated area. Discussion took place regarding annexation of contiguous properties. Mayor Abramowitz asked Mr. Kraft if the City can pick and chose who they want to annex and who they do not want. Mr. Kraft said as long as it is contiguous to the City it can be annexed but streets cannot be jumped, etc. Mr. Vonder Meulen said a prime example of the patchwork and contiguous is the City of Oakland Park which has property almost all the way to Cypress Creek. C/M Schreiber reviewed V/M Katz's recommendations. He asked if any backup was available to establish if it is economically feasible and worthwhile. Mayor Abramowitz said a study was completed four years ago where the City made a determination on Broadview and Pompano Park. He said Pompano Park was not economically feasible. Mayor Abramowitz said he would like to have City staff along with V/M Katz identify every piece that could be economically feasible. Mr. Noe said the present City staff is not capable of undertaking an annexation project and he felt a consultant is needed. Mayor Abramowitz said he would not expect an in-depth study but would like Council to know the exact areas that they are talking about. Ms. McDermott said the City Council directed staff to complete a cursory review in December and these types of reports are available. V/M Katz said he is going to pull up all the information from the tax records on the pieces of land he is speaking of and will announce his findings at his next presentation. City Council Workshop Meeting 5/1 6/94/KR Page 16 Mr. Kraft asked if the Council was looking at a voluntary annexation or an involuntary one because in a voluntary annexation the amount the City would be spending and what would be involved would be different. V/M Katz said he would give the specifics on everything at his next presentation. Mayor Abramowitz said the first thing the City needs to know is what a voluntary annexer's expenditures are with the County versus what they would be with the City. He said voluntary annexation is the best and easiest way to go. V/M Katz said maybe he could finish by Monday, May 23, a limited research on a few pieces including the tax information, etc., and at that point the Council could decide whether they want to pursue it or not. He said if they decide to pursue it then it must be pursued by a professional. CONSENSUS OF OPINION: ALL AGREED EDITOR'S NOTE: V/M Katz left at this time. 2. DISCUSSION on proposed Charter Amendments. Mr. Kraft said on April 1 1 , the City Council expressed an interest in the preparation of two draft referendums; one regarding Section 4.02 to allow elected officials to run for different elected offices subject to two term limitations and the second was a revision to Charter 8.01, which would change the Charter Board from an elected Board to one appointed by the City Council. Mr. Kraft said in addition, for the Council's consideration, was Temporary Ordinance #1684, which removes Charter Board appointments to the Redistricting Committee, which he thought should be considered by the Council if they were to go ahead with the transition from an elected to an appointed Charter Board. Mr. Kraft said the revision to Section 4.02 would require a major change in the Charter. He said more work was probably needed on the information he had given the Council. Mayor Abramowitz suggested putting it on the side until Mr. Kraft could come to the Council with the material they need to know. C/M Schreiber said there was a question of unconstitutionality involved Discussion took place. Mayor Abramowitz said, on a referendum, the City Council currently serves three year terms and the Charter Board currently serves two year terms. He said a special election had to be run last time in one district because of a Charter Board member and it is ludicrous. Mayor Abramowitz said one suggestion was to change the Charter Board to exactly the same terms as the City Council so they will not necessitate a Ili u City Council Workshop Meeting 5/16/94/KR Page 17 special election at any time. He said it is a possibility that the Charter Board should be an appointed Board. C/M Schreiber said the people who have been elected should serve out their terms but when the terms expire they will become appointed terms. Mayor Abramowitz said he did not know if it is legal to have half the board elected and half appointed. Mr. Kraft said he believed it was legal because it will be voted upon by the people of Tamarac. He said it could be provided for in the proposed Ordinance and the one he has submitted provides for a transition process. He read his suggested language. Mayor Abramowitz asked if someone currently serving on City Council for their second term resigns could they be appointed to the Charter Board. Mr. Kraft said it could be a subject that may need to be cleaned up in Section 4.02. Discussion took place. Mr. Kraft said it has been the history in the City that no matter what is done lawsuits occur and there is no guarantee it will not happen. Discussion took place. Mayor Abramowitz said he is a firm believer that there is a need for a Charter Review group because the City's Charter needs to be reviewed. He said he does not think the Council has the time to review it. C/M Schreiber asked why the existing Charter Board cannot do that. Mayor Abramowitz said he has asked the existing Chairman of the Charter Board to review it. Mayor Abramowitz discussed the proceedings of the last Charter Board meeting. C/W Machek said that is why the Council needs to move forward with making the Charter Board an appointed Board and find the appropriate wording to make the Charter under the direction of the City Council. Mayor Abramowitz said he has asked the Chairman of the Charter Board to concentrate on the Charter and at the last meeting everyone received a copy of Carla Coleman's report and the intent was to start from page one with review. He said somehow the meeting got off track and nothing was done. Mayor Abramowitz said he feels a Charter Board is a viable, sensible thing if it does what it is supposed to do. He said the Chairman of the Charter Board had asked him if he would be opposed to having a joint meeting once they have come up with some things in order to discuss their thoughts and he is in favor of it. Mr. Noe said Charters are like Constitutions and if the City ever had a good Charter there should be few minor changes to it throughout the course of history. He said this Charter has so much in it that it needs a lot of work City Council Workshop Meeting 5/16/94/KR Page 18 and once it is done he thinks the Council could handle whatever Charter revisions there would be. Discussion took place regarding Charters. Mayor Abramowitz suggested the Council have a joint meeting with the Charter Board to explain what is bothering the Council and what their roles should be. He said he would like to clear the air and find out whether there is hope or not. C/W Machek said she still has not changed her opinion that an appointed Charter Board is needed. She said she did not mind talking to them so they can go forward. Discussion took place regarding the proposed referendum. TAPE 4 Mr. Kraft said the Charter tells what the Board members jobs are and the proposed amendment only changes them from an elected to an appointed Board but does not change their duties. Discussion took place regarding appointments and the Broward League. Mayor Abramowitz OPENED the meeting to the public. Nathan Peretzman, resident, said he believes a Charter Board should be appointed and asked if Section 8.01 should be removed from the Charter. He said the Charter Board should be pulled out of the Charter otherwise the Council cannot do anything. Walter Coughlan, resident from Section 5, asked why the Charter Board has to meet every month. He said their contract states they are to review the Charter and most cities have it reviewed every five or ten years. He said this Charter is too political. Mayor Abramowitz CLOSED the meeting to the public. Mayor Abramowitz said the City of Tamarac is exploding. He said he has interacted with all the other cities in Broward County because of his position as President of the Broward League of Cities. He said the people coming into Tamarac are coming from Lauderhill, Margate, Sunrise, and North Lauderdale and this movement to Tamarac shows there is something here. Mayor Abramowitz said the problem the City has is that they will never be in the 21 st century because they behave like they are in the 1 Sth century. He said he had a conversation with some young people who said they have difficulty becoming an elected official in Tamarac because they need to worry about making a living. Discussion took place regarding who is able to serve as an elected official. 1 City Council Workshop Meeting 5/16/94/KR Page 19 Mayor Abramowitz said he would like to defer it to Monday, May 23. C/W Machek said she will be absent next Monday and reiterated that she feels strongly that the Council should move forward. 5. DISCUSSION to set date for rolling workshop tour. Mr. Noe said the City is going to take a van or bus to take Council and staff people to various installations throughout the City. C/M Schreiber asked if this would be to familiarize them with the City and meet with employees who work at the various installations and Mr. Noe said, yes. C/M Schreiber asked if lunch could be served and Mr. Noe said, yes. Mayor Abramowitz said the Charter does not allow lunch. He said it took him five years to put something in the budget so that coffee could be served to the government. Mayor Abramowitz said Governor Chiles was in Tamarac on Sunday, May 15. Discussion took place. Mr. Noe recommended the afternoon of Thursday, May 26 for the rolling workshop tour or the morning of June 1. C/M Schreiber said June 1 was a bad time for the tour for him. Mayor Abramowitz said he would check with the other members of Council for May 26. With no further business, Mayor Abramowitz ADJOURNED the meeting at 12:30 a.m. Carol A. Evans, CIVIC City Clerk