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HomeMy WebLinkAbout1994-05-26 - City Commission Workshop Meeting MinutesCity Council Workshop Meeting 5/26/94/KJ Page 1 CITY OF TAMARAC CITY COUNCIL WORKSHOP MEETING THURSDAY, MAY 26, 1994 ALL TO ORDER: Mayor Abramowitz called this meeting to order on Thursday, May 26, 1994 at 9:00 a.m. in Conference Room #1 of City Hall. PRESENTY Mayor Norman Abramowitz Councilman Larry Mishkin Councilman Joseph Schreiber Councilwoman Sharon Machek ABSENT: Vice Mayor Irving Katz ALSO PRESENT: Robert S. Noe, Jr., City Manager Dina M. McDermott, Assistant City Manager Carol A. Evans, CMC, City Clerk Mike Vonder Meulen, Planning Director Karen Jackson, Secretary Mr. Vonder Meulen said this items was discussed during a previous Council workshop. He said in 1993 the State of Florida made some sweeping changes, the first major changes in State Legislation on occupational licenses in 21 years. He said one of those was to create some equity in the fees charged for occupational licenses. Mr. Vonder Meulen said to allow the City to continue with the occupational license collection, the State Legislation requires that the City and counties create an Occupational License Equity Committee. He said Council established said committee in December in 1993, which met from December through March, 1994 and arrived at the recommendations in a draft ordinance. Mayor Abramowitz requested that Mr. Vonder Meulen identify the members of the Equity Committee. Mr. Vonder Meulen listed the members as follows: Chairperson - Donna Bromfeld of Sun Bank - Jim Moore, Chairman of Code Enforcement Board - Michael Schipani, President, Chamber of Commerce - Mike Fazio, Don Carter's Lanes - Craig Goldstein, who withdrew from the Committee - Richard Percic, business owner - Judy Yacobellis, Code Enforcement Officer Mayor Abramowitz referred to the Equity Study and requested an explanation for some of the fees proposed. He said it was mentioned previously that if this is not approved prior to Council's vacation, the City will be faced with an expenditure of another $20,000. City Council Workshop Meeting 5/26/94/KJ Page 2 C/W Machek referred to Page 6 and 7 regarding film developing and asked why there is nothing indicating special film developing. Judy Yacobellis, Code Enforcement Officer, said those units usually have self-contained processing with the chemical enclosed. She said a regular film developing studio a special exception. She said she indicated the most common instances in the proposed ordinance. Mr. Vonder Meulen said all occupational licenses are reviewed by zoning, along with Certificates of Occupancy. C/M Mishkin complimented the Committee. He said if every board or committee did their homework as well, it would make Council's work much easier. Mayor Abramowitz said there has been a history in Tamarac of difficult situations involving occupational licensing issues. He commended the Committee for their work. C/M Schreiber said the memo dated May 24, 1994 explains what and how the Committee came to these amounts. He recommended Council move forward. Mr. Schipani expressed his appreciation to Council for their comments. He said the Committee did the best they could, taking the items category by category. Mr. Fazio said the Committee began with Tamarac and then referred to comparable cities in the area. He said the City of Tamarac will be the most equitable from occupation to occupation, from profession to profession and from city to city. Mayor Abramowitz called for an Expression of Interest to move forward. EXPRESSION OF INTEREST: ALL AGREED 1. Charter Amendments Mayor Abramowitz said during the last meeting, V/M Katz had referred to a proposed Charter amendment which is being addressed by the Courts. He recommended that Council abide by the upcoming Appellate Court ruling. Mr. Kraft said this refers to Section 4.02. 1. a. Sel2tember 8 1994 B II —Appointed, not elected Charter Board C/M Schreiber asked what the difference would be if the Charter Board is appointed or elected. He said there would be no additional expense if elected because they would be running at the same time that the Council and Mayor will be running, which would not be an additional cost. C/M Schreiber said Carla Coleman's recommendation was to eliminate the Charter Board all together, except to bring them back for redistricting or Charter revisions when necessary. He said Council is proposing to get the City Council Workshop Meeting 5/26/94/KJ Page 3 Charter Board out of the political arena by taking it out of the hands of the electorate and giving the control to the Council. Mr. Kraft said the current duties of the Charter Board indicate they are an advisory board to the Council and Council is very involved with what the Charter Board does. Mayor Abramowitz said the biggest issue is getting the Charter Board out of the political arena and the way to do this would be to allow each Council member to make an appointment. C/M Schreiber said that would help the situation. Mayor Abramowitz said during the last two administrations, he was the only one who voted to keep a Charter Board. He said there is a tremendous amount of work to be done on the Charter and there is a need for the City to have a Charter Board. He said Council does not have the time to review the Charter and make amendments. C/M Schreiber said the Charter Board would be the proper board to revise the Charter. Mayor Abramowitz said it would be his hope that after the Charter Board members are appointed for a term, the Charter Board would meet on a schedule according to the needs of the Charter, after the major revisions currently needed are completed. He said as an elected body, the Charter Board must meet regularly. He said the public is against any disgruntled behavior by the Charter Board as in the past. He said the current Charter Board members are victims of the past. C/M Mishkin said he is in favor of an appointed Charter Board. He said the Council needs the input from a non -elected group of people, such as the Occupational License Equity Study Committee on the fee revisions. He said it has been his observation that the present system of Charter Board creates an adversarial group of people who are not on the same wave length as Council for most matters. He said the Charter Board can be very helpful to Council in matters between the public and Council. C/M Mishkin said it is hopeful that those to be appointed would bring some kind of expertise which Council may be lacking. C/M Schreiber said everything being described can be done by an elected board and C/M Mishkin agreed but stated that they are not responsive to the Council. C/M Schreiber said they do not have to be responsive to Council as long as they do the job they were elected to do, which is to review the Charter and make recommendations to change it. Mayor Abramowitz said the public voted down a referendum to provide a $100 per month salary for the elected Charter Board. He said there are other things in the City that the Charter Board could do once the Charter is revised. He said he wants to take away the pressure from the Charter Board being concerned about what they are or not able to do. City Council Workshop Meeting 5/26/94/KJ Page 4 C/M Mishkin said the Charter provides for legislative aides or assistants. He said he would like to have such a person to assist him in doing some research. He said in appointing a Charter Board member, one of the criteria he would look for would be a person who would have the time to devote to it and has some expertise in a field in which Council would need assistance. C/M Mishkin said regardless of the political implications, it is costly to run for election. He said there are probably many qualified people who would like to be on the Charter Board who are not financially or physically capable to run for election. He said most political functions have an agenda which pertains to the entire city, not just for a particular group. C/M Mishkin said the Charter Board could either be helpful or harmful to Council and it is up to Council to make this decision. Mayor Abramowitz asked for an Expression of Interest as to requesting the City Attorney to define the proposed referendum item to place on the ballot. He said he will invite the Charter Board to attend an upcoming workshop to discuss the proposed referendum items. EXPRESSION OF INTEREST: ALL AGREED Mr. Kraft said he distributed to Council Revision #1, Temp. Ord. #1683. He asked if there is a consensus from Council to see a revision where each Council member representing a district selects from their own district. C/M Schreiber said this seems to be the consensus. Mayor Abramowitz added that it would have the proviso that the person appointed live in the specific district. He recommended this be added and discussed again. 1 • b. iv h h regarding redistricting Mayor Abramowitz said the Charter presently gives the Charter Board the right to name members to the Redistricting Committee. He said the Redistricting Committee does not become active until one of the four voting districts has an electorate which is greater than 27.5% or less than 22.5%. He said this past year, the City did not have a Redistricting Committee because the districts' electorate were within the parameters of the guidelines. He said there was a redistricting following the previous election. Mayor Abramowitz asked if the Council wants to make all of the appointments to the Redistricting Committee or would Council rather leave it with the Charter Board, elected or appointed, making their appointments. C/M Mishkin asked for the current procedure for appointing Redistricting Committee members. Mr. Kraft said currently the Council appoints four members and the Charter Board appoints four members and the Committee elects the ninth member. C Ll City Council Workshop Meeting 5/26/94/KJ Page 5 Mayor Abramowitz said the Redistricting Committee remains in place only until the district voting is corrected and then the Committee is disbanded following Council approval of the changes. C/M Schreiber said the fact is that currently the Charter Board is an elected body and the Charter gives them the right to appoint the members of the Redistricting Committee. He questioned whether or not it would be proper to allow the Charter Board to make that appointment being an appointed board. Mayor Abramowitz said this is extremely political. He recommended that Council give this item some thought and directed the City Manager to place this on a future agenda. Mayor Abramowitz said he received phone calls regarding the costs involved to make this change. He said it would make it easier to refer to the Council members as Commissioners. He asked if there is any way to ascertain the costs involved with this change. Mr. Noe said based on the overall life of the City, the cost would be negligible. He said all of these changes would not be made immediately. Discussion was held regarding this. TAPE 2 Mayor Abramowitz asked for an Expression of Interest regarding changing the name "Council" to "Commission." EXPRESSION OF INTEREST: ALL AGREED 1. d. Council salarie Mayor Abramowitz said there was a salary survey of the Council of neighboring cities completed prior to this meeting. He stated the importance of the job placed on the Council members. He said the job can be part-time or full-time, depending on the Council member's preference. He said the City does not require the Council's presence all of the time. Mayor Abramowitz said he spends approximately $25,000 to $30,000 every year out-of-pocket to do his job, which is his choice. Mr. Kraft redistributed Temp. Ord. #1654 concerning this item. Mayor Abramowitz said the last time this was considered at a Council meeting, a recommendation was made by V/M Katz for the Mayor's salary to be increased to $12,000 and Council's salary to be increased to $8,000 per year. He said he had voted against it because he had felt that this was too dramatic of a change. C/M Mishkin suggested that if there is a change, it would not be effective for the current Council. He said he does agree with the Mayor that this is not a part-time job. He said a legitimate salary adds a little prestige to the office. He said the City currently has a fine group of people on the City Council Workshop Meeting 5/26/94/KJ Page 6 Council. He said the City needs to be realistic and approach this in a business -like manner. Mayor Abramowitz repeated the history of the salaries for the elected officials in the City. He reviewed the various cities with a similar population and the Council salaries for those cities. He said the public does not understand how involved the Council is or what the Council does. C/M Schreiber said his permanent philosophy on salary increases is that no one asked him to run for office, he volunteered for the position. He recommended that the electorate should decide whether or not they want to pay for an increase in salary for Council. Mayor Abramowitz recommended that the Mayor's salary be $9,000 and the Council's salary should be approximately $7,000 each. C/M Mishkin said when considering a salary increase, it should be considered higher to avoid repeating this same process over and over. He said he suggested the respectable, legitimate amount, possibly $12,000 for Council and $15,000 for the Mayor. C/M Schreiber said the residents voted down a $100 per month salary for the Charter Board. Mayor Abramowitz asked if C/W Machek has found that there is an additional expense to her by sitting as Councilwoman and C/W Machek said there is an additional expense and she also took a salary decrease due to no longer working for the company she did prior to the election. Mayor Abramowitz said the point of the matter is that the City is no longer just a retirement community any more. Discussion was held regarding the costs involved being a Council member. C/W Machek said it makes sense that Council adopt the formula for the Council salary described in the State Statutes, Chapter 145, which is based on the population. Mayor Abramowitz said it is necessary to set a starting level first. C/M Schreiber asked if this would preclude the public from voting on the salary and Mayor Abramowitz said this would move this out of the Charter and move into an area where this would be based on the population. C/M Mishkin said he did not realize that this would be taken from the electorate. Mr. Kraft referred to the language that would be utilized for this Charter revision based on the formula in Chapter 145. C/M Mishkin asked if the salary would be adjusted annually and Mayor Abramowitz said it would follow the same as the County. He said the Council will need to provide adequate information to the residents in order to sell the formula -based salary structure. City Council Workshop Meeting 5/26/94/KJ Page 7 C/W Machek asked how many of these cities base their salaries on the formula or are they based on their Charter. Mayor Abramowitz said many cities approve the salaries by Council action and not by Charter. Mr. Kraft said he does not believe that the County sets its salaries this way because Broward County is a chartered county. He said this is the State formula for non -chartered counties. He said there are a number of counties throughout the State which are not governed by Charter. He said this is tying into a State formula which is used State-wide in other counties. Mayor Abramowitz said this will be taken away from the electorate. Mr. Kraft said if this were passed, the voters would be stating that they do not want to be involved in the salary situation and that the salaries would be set by the formula. He said the City could set the adjustment to be done annually. He said he would research further how the formula is calculated. Mayor Abramowitz asked if Mr. Kraft can create the language for the same referendum item of 75 words to accomplish both actions, set a floor and ask the voters if they approve the formula. Discussion was held regarding the salary formula calculation. Mayor Abramowitz said he needs more information on this. Mr. Kraft said the Statute 145.031 does take into account the fact by which the salary would be adjusted, which is annually. Ms. McDermott said there is a requirement for two readings of the Ordinance and there is a cut-off of July 22 for the ballot. She said the first reading would need to be held on June 8 and the second reading on June 22 in order to have this on the ballot for September, 1994. Mr. Noe advised Council that this is a controversial issue and recommended that Council hold the public hearing at a regular meeting. Mayor Abramowitz said if this cannot be done for the September election, it could be moved to the November election. He said he would like to have this on the next Council agenda as long as the City Attorney has time to prepare the proper document. Mr. Kraft said it will be necessary to add more information to the referendum question in order for the public to comprehend the question. Mayor Abramowitz said it would be much easier to place a simple salary increase on the referendum. Mr. Kraft said in tying into a State formula, adequate language must be used to prevent leading to litigation later. C/W Machek asked what the priorities will be on the referendum items. City Council Workshop Meeting 5/26/94/KJ Page 8 Mayor Abramowitz requested that the City Attorney prepare items 1.a., 1.b., and 1.c. for referendum on the September ballot. C/W Machek suggested that item 1.d. be prepared for the November ballot. Discussion was held regarding the items for the September ballot. Mr. Kraft said he would provide Council with copies of these documents upon completion. Mayor Abramowitz said the City is permitted to have no more than 75 words in the title of the referendum item. He said the City Attorney must prepare these items the best way possible to be litigation -proof. Ms. Evans said the City has not received approval from Jane Carroll, Supervisor of Elections, for any ballot questions for either election. She said the Staff will proceed ahead pending approval from Ms. Carroll's office. She said the Federal, State and County items have first priority. aiiiiiiiiiiiiiii� - ; MITI Mrsrffim,• •1 Mayor Abramowitz said Plantation, Lauderhill and Tamarac agreed to do a rate study of the cable companies. He said two of the three cities have informed the FCC that they are requesting an extension. He said the recommendation was made that Tamarac also request an extension. EXPRESSION OF INTEREST: ALL AGREED Mr. Kraft said the City really does not have a choice. C/W Machek expressed her concerns regarding the cable service in Hidden Harbor. She said their cable goes out daily and asked what procedures would the residents take on this issue. C/M Schreiber said under the current Charter, the cable company is mandated to provide a certain level of service. Mayor Abramowitz said he always addresses these items to the President and the Homeowners Associations based on previous experiences. TAPE 3 C/W Machek expressed her concerns with dealing with the residents on issues regarding their cable service. She said the residents should have some type of recourse when making their complaints. Mr. Kraft recommended their complaints be put in writing to the FCC, Continental Cable and the City. He said there is a complaint form available through the Consumer Affairs Board. C/M Schreiber asked why the office of the City Manager does not send a letter to FP&L and Continental Cable regarding this matter and ask them to correct the situation. He said these companies are obligated under their franchise to do that. Mayor Abramowitz said complaints must be in writing. City Council Workshop Meeting 5/26/94/KJ Page 9 Mr. Noe said his office would not solicit calls or letters due to the fact that they would be overwhelming, but letters are followed up to Continental Cable from any correspondence received by his office. Mayor Abramowitz said the Consumer Affairs Board works well. C/M Schreiber asked what the City did prior to the Cable Act of 1992 and Mayor Abramowitz said the City would respond by letters to the cable company. C/W Machek asked if Continental Cable is currently responsible to provide a quality of service to the customers based on the Cable Act of 1992_ Mayor Abramowitz asked for a consensus regarding the extension. EXPRESSION OF INTEREST: ALL AGREED 3. Utility Tax Mr. Noe said the issue regarding a utility tax has been discussed several times. He said part of his and the Staffs responsibility is to find new revenue sources. He said the utility tax issue has been quite controversial in the past. He said he has had advice from the highest levels of the City's government that he should not be raising this issue in the community, but he had spoken to the Presidents Council a couple of weeks ago. Mr. Noe said the purpose of this discussion is to inform Council that when presenting the FY 95 Budget, he will be including a proposal that the City adopt a utility tax. He said a utility tax can be adopted on electricity, telephone, natural gas, LP gas and water. He said there will be some proposals in the upcoming budget for utility tax on electricity and telephone which will give the City the latitude to reduce the millage rate, the ad valorem tax rate and impose a utility tax. Mr. Noe said previous work handled by Thelma Fagelbaum, previous Acting Finance Director, and John Kelly, previous City Manager, has shown that it was contemplated in July, 1993, that if the City approves the utility tax, the maximum permitted is 10%, and if the City were to levy the utility tax to the maximum, the City could cut the ad valorem property tax by 51 %. Mr. Noe said when the FY 95 Budget is presented, it will be balanced with the ad valorem tax rate, but will also be proposing a levy on utilities. He said the City has needs to be addressed in capital improvements and other such items. He said the government's responsibility is to provide services, which is done with money and people. Mayor Abramowitz said he is in a quest for information and requested that the answers to the following questions be obtained and given to Council. He asked what a 5% utility tax would bring in revenue on telephone and electricity. He asked what a 5% utility tax would bring in revenue on electricity alone. He asked what would the corresponding decrease be in the ad valorem tax. He said he understands the inequity of the taxing structure in the City and asked if there is another way, such as the Storm Water Drainage Act that the City put into play, that will allow the City to City Council Workshop Meeting 5/26/94/KJ Page 10 produce revenue which would make it equitable whereby everybody bears their fair share. C/M Schreiber suggested that the City Manager create a comparative chart indicating what these various taxes will develop as far as revenue is concerned and how it would bear on the assessed value of property within the City. He also recommended that this chart reflect what the benefit would be, how much tax would be reduced and what would it generate from 5% to 10% in revenue. C/W Machek suggested that when a workshop is held, she would like to see scenarios on the various situations, with each scenario answering various questions that Council may have. Mr. Noe said he would not propose this option without having a proper presentation. He said Staff will be prepared with backup to persuade the Council and then the public. C/M Schreiber said when this was proposed in 1988, there was major upset. He said if this is presented properly to show the advantages, there may not be such an uprise. Mayor Abramowitz said the deciding factor which made him vote against it in the past was based on Sunflower Heathgate with the young families with children. C/W Machek said there was no understanding of the utility tax at that time. Discussion was held on previous consideration of the utility tax issue. C/M Mishkin asked for a clearer definition of the proposed utility tax. Mr. Noe said the information in a memo dated July 12, 1993, from the previous Finance Director to the previous City Manager, stated that the 10%, which is the maximum that can be imposed on electricity, could reduce the ad valorem by 51.2%. He said he is not going to recommend an exact exchange. He said he expects the City to make money in this process. Further discussion was held regarding this. C/M Schreiber asked how this will be implemented. He said he has always felt that once a tax is placed, it is indefinite and Mayor Abramowitz agreed. C/M Schreiber said this is the burden that the residents take into consideration. He asked if this is implemented by resolution or can it be removed and Mr. Noe said it would be implemented by ordinance which could be changed following two readings and a public hearing. Mayor Abramowitz said if the upcoming budget is predicated on the income from a utility tax, the utility tax better be implemented. Mr. Noe said the budget he will be presenting will be balanced with some combination of a variety of taxes, including the ad valorem. Mayor Abramowitz repeated past history involving a short budget. City Council Workshop Meeting 5/26/94/KJ Page 11 Mr. Noe said Tamarac is probably the only city of all the cities that are eligible to levy a utility tax which has not done so. He said people who move to Tamarac from other areas have paid utility taxes in those places. Mayor Abramowitz said there will be violent opposition from the condo communities on this matter. C/M Mishkin said he is looking at a more responsive and enlightened constituency which is becoming a little more understanding. He said he has been talking to people throughout Tamarac and they understand that better streets and salaries are needed within the City. Further discussion was held regarding this. Mayor Abramowitz said the makeup of this Council has made a difference, but Council is to expect opposition on this matter. KNEEFT M-Msw • • 1 • • Mr. Noe referred to a previous meeting regarding labor negotiations, when mention was made of salary increases for non -union employees. He said Mr. Hurtgen's advice was for the City to proceed immediately with a grant of a lump sum of $400 to non -union employees. He recommended this item be placed on the June 8, 1994 agenda for Council approval. Mayor Abramowitz said it is very important that all information is provided for every item discussed. He said it is important that Council takes into consideration that different arrangements are not made with the salaried employees. He said this should be done and they are deserving of it. He intends to vote in favor of this. He asked if there has been any thought towards the ramifications this may have on the future negotiations with the Union. Mr. Noe said this was fully discussed at a previous meeting and it may have an impact on future negotiations. Mayor Abramowitz asked if, in any way, this may be detrimental to labor negotiations with the Union. Larry DuPre, Personnel Director, said this will have a very positive effect on it. He said the City's employees are richly deserving of this and there has not been an increase in two years and it is fiscally responsible. C/M Schreiber said he had raised this issue at the time of the discussion, but the thought was a positive effect would get the Union to take notice. Mayor Abramowitz asked for a consensus on placing this on the June 8, 1994 agenda. He said when he asks for an Expression of Interest and three or more respond positively, the item goes forward, and if not, the item dies. EXPRESSION OF INTEREST: ALL AGREED C/W Machek referred to the item regarding recreational vehicles which was on the agenda at the Regular Council meeting of May 25, 1994. She City Council Workshop Meeting 5/26/94/KJ Page 12 said she has spoken to Chuck Zimmerman of R.C. Hobbies, who would like to demonstrate the various types of motor vehicles in order for Council to see the difference in them. Mayor Abramowitz instructed C/W Machek to invite Mr. Zimmerman to a Council workshop for consideration. C/W Machek said the action Council took during the May 25, 1994 meeting, has prevented all these motor vehicles. 6. Settlement with Property Owner Mr. Noe recommended that the City settle with a property owner or a person who has succeeded in title for $38,000, which is less than what the City may have collected. Mr. Noe said on January 25, 1989, the Council approved a Water and Sewer Developer's Agreement with the subdivision called Woodland Cove. He said in the execution of this agreement, the last line indicates that the developer has paid to the City a sum in the amount of $75,239 for contribution charges. He said this money was never collected. Mr. Noe said the developer has come back to the Council and got permission to pay the CIAC fees over time, as he developed, which is reflected in subsequent minutes. He said this developer has gone into bankruptcy and a group called the Heritage Acquisition Corporation has acquired the property. He said in doing their research, they found that this Agreement stated that the developer had paid the amount of $75,239, but he had not. Mr. Noe referred to the cover sheet which indicated the funds currently owed by the developer, including the Guaranteed Funds of $12,309, Storm Water Retention of $60, and CIAC Funds of $39,568. He said the original developer did pay a portion of this money. He said if the developer were to come in today, the CIAC funds have changed and he would owe $44,000. He said the City Attorney has held some discussion with the Heritage Acquisition Corporation representatives and they had offered $20,000 on the CIAC Funds of $39,568. Mr. Kraft said this Water and Sewer Agreement was entered between Woodland Cove and the City of Tamarac on January 25, 1989. He said in this agreement, the statement indicated that the sum of $75,239 was paid by the developer. He said the minutes reflect that on that day at that time, prior to adoption of the document by the City Council, "Bob Foy, Director of Utilities/Engineering, said this item was for the Water and Sewer Developer's Agreement for Woodland Cove which was in the next area. He said the developer would not be required to pay the CIAC fees at one time, however, the fees would be paid one by one. He recommended approval of the Water and Sewer Developer's Agreement and the blanket public safety ingress/egress easements." Discussions were held and the document, as indicated regarding the fees, was adopted at that time. Mr. Kraft said the Heritage Acquisition Corporation took over by a final judgment of foreclosure on September 9, 1993, which is when this issue surfaced regarding the monies being paid. 1 1 1 City Council Workshop Meeting 5/26/94/KJ Page 13 Mayor Abramowitz asked what recorded document indicated that the fees had been paid and Mr. Kraft said the Water and Sewer Developer's Agreement was the recorded document. Mr. Noe said that Angie LoSasso, Billing Supervisor, has indicated that some of these fees have been paid and some have not. Mike Vonder Meulen, Planning Director, said approximately $36,000 has been paid out of the $75,000. He said they paid per unit and 16 units are outstanding. Mr. Noe said there are 16 units to be developed. He recommended that Council consider settling for $38,000 after negotiations. He described how the amount was derived. He said he will place this on the June 8, 1994 Regular Council agenda. Mr. Kraft said the CIAC fee is the only item which is in dispute and through negotiations, the City would be accepting approximately $14,000 less than the full amount due the City. He gave further explanation on the funds due to the City. C/M Schreiber asked why this indicates that the fees had been paid and Mr. Noe said this was an error which is being corrected. TAPE 4 Further discussion was held regarding this development. Mr. Noe said the $38,000 settlement will bring the account up to date. C/W Machek asked if the traffic impact fees and recreation fees will be separate and Mr. Noe said these will be paid upon applying for building permits. Mayor Abramowitz asked if the intent is to collect the money at present on the other fees due and Mr. Noe said the petitioner is prepared to pay tomorrow. Mayor Abramowitz asked if the petitioner is prepared to pay for all other fees and Mr. Kraft said he can pay the guaranteed revenues which are not in dispute at any time. Mayor Abramowitz called for a consensus on this issue. EXPRESSION OF INTEREST: I'14W_TNa_�7 Mayor Abramowitz referred to the Public Participation portion of the Regular Council meeting of May 25, 1994. He said a gentleman referred to the old Publix Shopping Center at McNab Road and University Drive. He said the property has been purchased. Mr. Kraft stated that this item may be quasi-judicial and should be discussed in the presence of all parties involved. Mr. Vonder Meulen said the file on this project is available for review in the Community Development Department. City Council Workshop Meeting 5/26/94/KJ Page 14 C/W Machek recommended that there be a system instituted by the City to inform Council that certain items may be quasi-judicial in nature. Mayor Abramowitz said a Planning Pre -agenda is provided monthly. With no further business, Mayor Abramowitz ADJOURNED this meeting at 11:30 p.m. CAROL A. EVANS, CMC CITY CLERK 1 1