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HomeMy WebLinkAbout1993-12-03 - City Commission Workshop Meeting MinutesCity Council Workshop Meeting December 3, 1993/IZ Page 1 CITY OF TAMARAC CITY COUNCIL WORKSHOP MEETING FRIDAY, DECEMBER 3, 1993 CALL TO ORDER: Mayor Bender called this meeting to order on Friday, December 3, 1993 at 10:55 a.m. in Conference Room #1 of City Hall. PRESENT: Mayor H. Larry Bender Vice Mayor Irving Katz Councilman Norman Abramowitz Councilman Joseph Schreiber Councilman Henry Schumann ALSO PRESENT: Dina M. McDermott, Interim City Manager Mitchell S. Kraft, City Attorney Karen Jackson, Secretary Irene Zander, Secretary 1. DISCUSSION: regarding annexation. The documentation V/M Katz distributed to Council was reviewed. Ms. McDermott referred to the back-up material containing summary reports completed by Staff, initiated at the request of V/M Katz to gather initial data to present in an organized format to Mayor Bender and City Council. V/M Katz explained that he sent a letter to everyone for the purpose of notifying them of his study on annexation property in Ft. Lauderdale, Lauderdale Lakes, and Oakland Park. He stated that these areas were vigorously pursuing annexation from Broward County because of the inability to rely on revenues from within their borders. V/M Katz said there are many commercial ratables waiting for cities to annex: areas 142, 143, and 147 are Andrews Gardens and the representatives of Ft. Lauderdale have already visited every homeowner, commercial landowner and property owner in these areas for the purpose of soliciting annexation to Ft. Lauderdale. He stated there is a large amount of revenue to be derived from these areas. V/M Katz said the Holiday Inn area on State Road 7 was considered before when de -annexation was being discussed and the Carvel Building on Commercial Boulevard should have been Tamarac because of its location between two other Unincorporated Broward pieces of property. V/M Katz explained the purpose for the discussion was for the City to remember when Lauderdale Lakes saw a piece of ratable property in revenue for their City they immediately pursued the opportunity and successfully obtained the property. V/M Katz stated there are three pieces of property that will be developed shortly in Unincorporated Broward near the Executive Airport. He said he has gone to each of these property owners and discussed the option of annexation with the City of Tamarac and each owner advised him that Jim Naugle had already visited them and informed them if they annexed with anyone other than Ft. Lauderdale, water and sewer would not be provided by Ft. Lauderdale. V/M Katz said he asked the City Manager to discuss with the City Engineer the cost of the tie in for the easterly section since City Council Workshop Meeting December 3, 1993/IZ Page 2 there are many residents and property owners east of State Road 7 and because the tie in currently stops at State Road 7. V/M Katz further explained that his study, which he paid for, shows property owners, addresses, block lots, and assessed valuation. He said the purpose of this study was to present an overview on the areas marked "yes" on the large map, which he considers to be priority areas. V/M Katz stated they should be annexed because they will square off the City's boundaries, are contiguous to the City, and because of the extra tax dollars in revenue. He said the City can estimate approximately 100 million dollars in ratables and at 5%- there would be a minimum of approximately 5 million dollars in additional revenue to the City. V/M Katz explained that based on the review and his conversations with Captain Goldstein of the Broward Sheriff's office, he estimated approximately $580,000 a year in additional costs for eight patrolmen, one sergeant, nine cars and benefits. V/M Katz said prior to his request for an estimate Captain Goldstein said he was short in Supervisors so his figure augments what Captain Goldstein considers a shortfall, based on the current agreement with the City. He stated he does not think their analysis should be considered firm because it represents a larger area than is being suggested and it would be subject to negotiations. V/M Katz said he asked Ms. McDermott to provide information on Fire Department services because the City would have to provide services to farther areas, but if the City eliminates the "no priority areas" and the areas not in the best interest of the City the City would receive a good response time with the current equipment and services. V/M Katz said in previous discussions with the County Commissioners, each was willing to provide infrastructure to areas the City of Tamarac considers annexing. He said historically, unincorporated areas did not receive funding for water, sewer and road repairs and these areas deteriorated because Broward County did not spend funds to maintain the facilities. V/M Katz said the County Administration and County Commissioners said part of their 3!k gas tax will be for infrastructure and any area the City of Tamarac considers annexing would have the infrastructure in place prior to the time of annexation at Broward County's cost, not the City of Tamarac. V/M Katz stated if the City of Tamarac pursues this path, Broward County will initiate a Code of Enforcement plan of action to cite the residents who are in violation of Broward County codes. V/M Katz stated that about three years ago, he worked with Jessie Guido in an attempt to get the Bailey Road area and the Pompano Park building and playground refurbished, and in the last six months, improvements in landscaping, new parking, and fencing have been made to the property. He stated that every area the City considers will make the same impact to the County and they will provide the infrastructure. V/M Katz said the Fire Department services impact should be made with the Fire Chief but he does not foresee a problem concerning annexing a fire house located in an area that will not be utilized for other areas outside the area the City is going to annex. C/M Schumann asked why the County is being so benevolent in taking care of ail the infrastructure now when they have never done so in the past. V/M Katz explained the County wants to get out of the real estate business and, when reading the comments made by the County, one will find the State wants the Counties to cease operating like a 1� City Council Workshop Meeting December 3, 1993/IZ Page 3 real estate business also and they want the Cities to annex all of their unincorporated properties. He said an area like Pompano Park or Broadview, which has been undesirable for years, is of no benefit to annex unless something else is given in return. C/M Schumann asked what the City of Tamarac would receive if they annex. V/M Katz said the City will receive installed and paid infrastructure by the County and better disposition of unincorporated Broward County areas which will place the City in a better position than Ft. Lauderdale for annexation. V/M Katz said the first requirement necessary to proceed with an annexation process is to write an Ordinance and hold two public hearings. He explained the five different methods of annexation are listed in the back up material he distributed to Council members and he recommended the City square off the City boundaries as highlighted on the maps. V/M Katz said if the City limits the annexation to 5% additional population or additional acreage, the City will not have to go to Referendum nor will the City have to receive any more than the majority vote of the area the City wants to annex. V/M Katz said if it is over 5%, one land owner in any particular area can cancel the agreement because the vote has to be 100% not a majority, which could happen if one person decides he is not agreeable to annexing to Tamarac. He said if annexation is limited to 5%, only the majority vote is necessary. V/M Katz stated this process does not take land owners on vacant property and the City can receive by interlocal agreement between the County and the City of Tamarac annexation rights without going to Referendum. He said the owners can state they want to be annexed to the City of Tamarac. He said if there is an area of absentee owners who do not vote in the City of Tamarac or an area on unincorporation, there is a different process. He said the first procedure the City must initiate is writing an Ordinance and holding two public hearings. V/M Katz suggested the City act immediately to get this item on a Referendum in March for certain areas and there is a meeting pending confirmation with a home owner's association in Pompano Park for the City of Tamarac to make a presentation on the merits of annexation for the purpose of receiving 51% in favor. V/M Katz said Staff should become familiar with the legal interpretation of annexation and, if the City does not hurry, the legislation presented to the legislature for review may change some of this. He said, for instance, the Enclave Bill passed last year and the Elms Bill legislation that allowed certain types of annexation may be unavailable if the City delays. C/M Schumann wanted to know who authorized V/M Katz to conduct this study, why the Council was not informed of his study and why certain requisites were not followed. C/M Schumann stated he was appointed to an Annexation Committee that does not exist, however, even though V/M Katz knew C/M Schumann was on the committee, V/M Katz should have notified him of his study. He said no one was aware of this study until V/M Katz's November 8, 1993 letter. V/M Katz said the Mayor was aware of this when he discussed it with John Kelly, former City Manager, and the study was done at his own expense. C/M Schumann said the report is of little value because it excludes the City's exposure regarding the property the City will pick up. He said he wanted to know if V/M Katz knew how much it would cost the City in exchange because the last annexation presented the City with many problems. V/M Katz said those figures can only be obtained by the City Manager. V City Council Workshop Meeting December 3, 1993/IZ Page 4 C/M Schreiber asked about the crime statistics for the areas of annexation and V/M Katz said they are available through the BSO. V/M Katz said he completed the preliminary work for annexation and presented it to the City Manager who gave it to Department Heads for research. He said he would like the City to initiate an Ordinance and, if the City is not in favor of proceeding after hearing the information the City Manager and City Attorney wili discuss in the two public hearings, the City does not have to proceed further. C/M Schreiber said that before the City writes an Ordinance, the annexation projects should be reviewed thoroughly to determine if these endeavors are worthwhile. There was discussion on the areas where residents are known to be uninterested in annexation. V/M Katz said even though he presented his suggestions and recommendations, the City may find that the residents may not be interested in annexation. He said if the City does not pursue with an Ordinance and two public hearings, the City may lose the possibility of having a Referendum. V/M Katz stated the City may desire a Referendum on one piece of property only and an Ordinance will allow the City the option to pursue annexation, but if the City delays for further studies, progress will be stalled. C/M Abramowitz said he agrees the City should proceed investigating annexation as long as the process is not expensive. V/M Katz explained that the City will not encounter exposure or expense in writing an Ordinance and holding two public hearings and, upon completing this process, the City will have reports from Community Development, BSO and the Fire Department with data reflecting the amount of ratables. C/M Schreiber said he is interested in this project because population over 50,000 means more money. V/M Katz said going after populations of 50,000 will open up CBBG grants, entitlement funds, community redevelopment according to Florida Statute 163, and the ability to solicit grants from the State, without the necessity of going to Referendum in the City. C/M Abramowitz reminded everyone that the owner of a building in Three Lakes Plaza tried to hustle the City for about three years before building an attractive building and the City of Tamarac walked away without interest. V/M Katz said that area is an area he recommends for annexation and the properties right and left of the Carvel Corporation are vacant and unincorporated. C/M Abramowitz said the City should proceed if they do not have any exposure and if they are not dedicated. Attorney Kraft explained that the City would encounter expenses similar to other Ordinances but there may be other costs for annexation that he is not aware of at this time. V/M Katz said that Chapter 92.243 concerning the change in the Elms legislation states that following the final adoption of the Ordinance of Annexation by the governing body of the annexing municipality, the Ordinance shall be submitted to a vote of the registered electors of the area proposed to be annexed. He said the first step the City must take is create an Ordinance stating the City is marketing for an annexation and the City must contact the people in the annexation to get a majority vote. Attorney Kraft said that the City needs a Referendum Ordinance passed by two readings. V/M Katz said all of the information is written in the Elms Bill 1 1 City Council Workshop Meeting December 3, 1993/IZ Page 5 and six months ago he started working on this annexation study. Mayor Bender asked V/M Katz if 5% of the population would exceed 50,000. V/M Katz stated that because a city is allowed 516 in any one year, the City can repeat this again in 1994. C/M Abramowitz asked the City Attorney if there was any other exposure necessary other than drafting an Ordinance and conducting two public hearings. Attorney Kraft said he did not research this item in depth. C/M Abramowitz said even if this project is not successful, he thinks it is worth investigating further as long as it is not a large expense to the City. Attorney Kraft said this project would cost the same as other projects. V/M Katz stated that he needs a consensus in order to allow the City Attorney to draft this Ordinance. C/M Abramowitz stated that he would like the City to explore this endeavor further. C/M Schreiber said he has no objection to exploring annexation but would like to know if the City Manager could provide information on whether or not this project is worthwhile financially. C/M Abramowitz stated that based on V/M Katz's presentation, he believes that V/M Katz's study is accurate and that the areas projected are some of the very best areas for annexation. V/M Katz said if there is no evidence precluding the City not having a Referendum in March, and holding a special election at additional costs, everyone concerned with saving the City money should realize now is the time to get something on the referendum. He said even if it is only a piece of property that the City is guaranteed to get, it will indicate the City is anxious to pursue annexation. C/M Schreiber said when the City annexed the Bailey Road area, the City Council visited every area and the areas called a meeting in which the City explained the benefits of annexation to the owners. He said the owners asked many questions and the Gate agreed to annex into Tamarac. He said the annex did not give the City just the very best, but the City did not have the Elms legislation or the Enclave Ordinance in effect. He said the City had to decide to take all or nothing and the annexation created some problems but it has worked out for the City. V/M Katz said if the City annexes everything prioritized in his study, the City's cost, including cutting the grass in the same manner as the City does for medians in the City, would be 1 million dollars. V/M Katz said for 1 million dollars in cost, approximately 100 million dollars in ratables are created and an additional 5 million dollars in revenue will be created from the.5%. C/M Schumann asked what police department was servicing these areas. V/M Katz said the Broward County Sheriff Department is currently servicing these areas. V/M Katz said the City does not have to go to the other side of I- 95. He said Captain Goldstein recommended eight deputies and sergeants but that recommendation was open for discussion and negotiation. He said that since Captain Goldstein asked the City to allow him to use the City's facility for Broadview and Pompano Park at no additional costs, he questioned why the City should City Council Workshop Meeting December 3, 1993/IZ Page 6 assume any additional costs after the fact. C/M Abramowitz said the City made that arrangement because there was a terrible crime rate at that time and it cost the City of Tamarac nothing to clean up Broadview and it helped the residents. V/M Katz said the City was obligated to do the work because the property was contiguous to our property and it was easy for Tamarac to complete the work. C/M Schreiber wanted to know what area would be the City's first priority. Attorney Kraft explained one Ordinance does not cover everything and the City is being very optimistic to expect this project on the March ballot. He said each of these areas requires an independent study and there will be some costs involved regarding the Referendum the City would assume if annexation goes forward. He stated for clarification purposes that this annexation is a major project and it starts with an Ordinance for each area, but he did not know if it could be on the ballot in March. C/M Schreiber asked if the Ordinance would be silent as to the location. V/M Katz said that the location could be made public in the Ordinance. He said at this time the City does not have to go beyond the County for approval. Mike Vonder Muellen agreed. Ms. McDermott said as explained in Mike Vonder Muellen's report, whatever action the Council chooses to take requires many hours of Staff time and, in consideration of the recent developments in staffing, producing the types of reports and research necessary for this project will be extremely difficult. She said whatever the Council adopts as step one will have a domino effect and will require additional staff people or a consultant to complete the research required. C/M Abramowitz asked Attorney Kraft if the two public hearings and the drafting of an Ordinance are an expensive proposition. Attorney Kraft said a survey of Meets and Bounds will be needed and the Ordinance must be for a particular area. - C/M Abramowitz asked V/M Katz if he is recommending the Pompano Park area because of the commercial piece of property even though there are no residents there. V/M Katz said yes. C/M Abramowitz stated that Pompano Park does have a good piece of commercial property and he would like to proceed further with the annexation process. A short discussion was held concerning the areas highlighted on the map and regarding the parts of the first district that will be shifted since the City cannot increase the population to more than 27%- of registered voters. C/M Schreiber asked V/M Katz to show where the good commercial piece of property is located and a discussion was held on the areas of most interest to the City. Mayor Bender said to let the records show that an expression of interest has been given by all Council members to proceed with the preparation of an Ordinance regarding the annexation project. Ms. McDermott requested direction relative to the City's Staff because many hours went into the research of this project and additional research is required. She recommended the City consider a consultant since this project will be a time consuming process and must be completed correctly. Mayor Bender asked Ms. McDermott to find out what the cost would City Council Workshop Meeting December 3, 1993/IZ Page 7 be for a consultant to research the areas the City wants to start researching first and the cost information would be a prerequisite to hiring a consultant. V/M Katz stated the first areas Council should look at are the areas that will not increase the impact to City Fire and Police services. C/M Schreiber asked if the population in the first area would bring the City over 50,000 in population. Mayor Bender said 2500 more people and Broadview would be needed to do that. V/M Katz said if the City went to Prospect Avenue, which was listed as a priority area, the City would have that much of an increase in the next six months because there is a 300+ unit apartment project to be started soon. Mayor Bender asked, according to current laws, if the City annexes and the population is increased, would Tallahassee wait until the final census to accept the official count. Mr. Vonder Muellen said the easiest figure for Tallahassee to accept would be the 1990 census and the population increases since that time would be included in a reanalysis presented to the State. Mayor Bender asked if, after the City completes this work and the City receives approval to move forward, when the increased number of people are brought before the State, will the State approve the 50,000 population figure. C/M Abramowitz said the revenue sharing process allows for indication of increased population. V/M Katz said that assuming the City proceeded with a piece of property for Referendum in March and it was approved, that would be the time to make a request to the State so before the end of the year it is listed as part of the City's total number of residents. C/M Abramowitz stated that the share of the 3t gas tax will be distributed based upon population and will now produce $250,000 but the usage of the money is strictly quantified for roads, repairs and things of that nature. V/M Katz stated that Broward County said they intend to use the money derived from their portion of the 3%- gas tax to replace the deteriorated infrastructure in the unincorporated area. Mayor Bender gave direction to Attorney Kraft to draft a bid for the areas V/M Katz recommended for annexation. The expression of interest of all Council members was to draft a Referendum to proceed with V/M Katz's annexation recommendations and to obtain the cost for hiring a consultant to complete the annexation project research. 2. Discussion regarding City Manager update on Risk Manager position. Ms. McDermott explained to Council that the City is recruiting for a Risk Manager but because the Risk Manager recruitment process was done less than six months ago, the City has other individuals that were ranked and previously interviewed by a panel. Ms. McDermott stated that the Personnel Director is coordinating this recruitment process and will be re -interviewing these candidates. She said with that possibility in mind, the City may have a viable candidate rather quickly but if that does not happen, the City will re -advertise and begin the selection process again. She stated that the nature of this particular position involves the City Attorney and the candidates will be interviewed by the City Attorney. C/M Schreiber asked if Jim Budzinski was appointed Acting Risk City Council Workshop Meeting December 3, 1993/IZ Page 8 Manager and if he was familiar with insurance or claims. Ms. McDermott explained that Mr. Budzinski was appointed Acting Risk Manager on a temporary basis because the City does not have anyone else available at the moment that can do this job. She said one year ago she was placed as an Acting Risk Manager even though she had little knowledge of insurance but Mr. Budzinski's background is in safety, training and scene analysis. C/M Schreiber explained his concern was that when accidents occur and are reported no one may be capable of completing an in depth and thorough investigation. V/M Katz explained that a multitude of tasks encompass the title of Risk Manager and the City needs a person that understands liability, workers compensation and that can respond when the City receives notice of an accident. A discussion was held on recruiting a person for the Risk Manager position to have experience in insurance claims and risk management. C/M Abramowitz asked if there was an organization the City could join to pay per case and Ms. McDermott said yes. Attorney Kraft said that the City Risk Manager has many diversified duties and that even the Fire Chief acknowledges his limitations in the exposure to liabilities and risk areas. He said the key concern is the recruitment of another Risk Manager which apparently is being conducted. Attorney Kraft said that as far as the City's current exposure regarding accidents and investigations, the City has used private investigators in the past that can be used again. He said the City has contracted with some people for on -scene analysis and statements and the third party administrator, Crawford and Company, has met with Jim Budzinski. Ms. McDermott said the City also has an in-house employee that does minor accident investigations under the direction of the Risk Manager and she will be monitoring that activity. She said the City is currently overwhelmed with recruitment and other special studies in Personnel and the Personnel Director has experienced personal problems which necessitated him working part-time. Mayor Bender asked Ms. McDermott if she considered the Risk Manager to be a department head and she said, yes. Mayor Bender began a discussion relative to Section 5.04 of the City Charter regarding the City Manager appointing with approval of the majority of Council. Ms. McDermott explained that before taking action on an issue, she presents the issue to City Council. Ms. McDermott explained that a Department Head was not appointed but she borrowed another Department Head to help manage the office. 3. Discussion regarding Code Enforcement. C/M Abramowitz expressed his dissatisfaction with the Code Enforcement Department. He explained that a citizen called him because he was cited by the City to remove his Christmas lights. He said the citizen told him he removed his lights but that directly across the street a business still had their Christmas lights up after two years. C/M Abramowitz stated he visited the Code Enforcement Department to learn more of this incident and discovered the business had been cited numerous times but was not brought before the Board. n [i City Council Workshop Meeting December 3, 1993/IZ Page 9 C/M Abramowitz requested more information concerning the reasons this business was not brought before the Code Enforcement Board. C/M Schumann said the first time this business was cited, Code Enforcement used the wrong Statute, one that did not apply to his type of lighting. He said the business was advised by the City's Electrical Inspector to get lights that are in plastic tubes because they are the only kind of lights permitted year round according to the City Code. He said the last time he talked with Judy Yacobellis, he showed her the correct Statute and asked her to send the business owner another registered letter. He said he has heard nothing further. C/M Abramowitz explained that this situation has been going on for nearly two years. Mayor Bender explained an incident in which an owner of a business applied for Christmas lights and was advised that he needed a permit for the holiday season. He said the business owner called him and asked him why the City was discriminating against business people when the City does not require home owners to get permits to put lights on their home. Mayor Bender said instead of discriminating against businesses, everyone should be charged. He said he asked the Police Department and Code Enforcement to investigate this matter further and asked Attorney Kraft what the rules and regulations were for Christmas lights. He said he was preparing a memorandum to Ms. McDermott on this subject expressing his concern for equality to everyone. C/M Abramowitz said he wanted to know why the business owner who had the lights up for almost two years has not been made to conform to Codes. Mayor Bender stated the Statute the business owner was cited under was not the correct one. C/M Abramowitz explained that if someone is cited and they do not comply he is supposed to go before the Board. He said he wanted to know why this business owner has never appeared before the Board. Mr. Vonder Muellen explained that the business owner was not cited previously for that particular violation. He said the business owner was cited for occupational licenses, expirations and several other different violations. C/M Abramowitz asked if the owner was brought before the Board for any of these violations. Mr. Vonder Muellen said no, because he complied with Code. C/M Abramowitz stated he would be watching these lights. Ms. McDermott said Code Enforcement has met with every individual business owner to make sure they comply with the Codes, but because the problems became bigger than anticipated, they extended the time period for lighting to 90 days from whenever they file and pay for the permit for holiday lighting. Mayor Bender said he received a call from an owner who told him the fee was $35. C/M Schreiber said he knows Code Enforcement has experienced problems with serving summons on private property. He said Code Enforcement can give home owners warnings or notices to correct the violations but if they do not comply, Code Enforcement does not serve those home owners to bring them before the Board because they do not accept serving. C/M Abramowitz explained that serving was eliminated three years ago with the new citations and home owners do not have to be J City Council workshop Meeting December 3, 1993/IZ Page 10 served individually nor do they have to go to the post office to pick up their mail. Mayor Bender explained that some people refuse to accept registered mail. V/M Katz said any Deputy can visit the home owners. Attorney Kraft said the Council was referring to different processes, the Code Board process which serves someone with a summons to appear before the Code Enforcement Board, and the direct citation method, a supplemental procedure which is a separate procedure apart from the Code Board. C/M Schreiber asked why Code Enforcement does not use the direct citation procedure. He said at a previous meeting all learned that Code Enforcement cannot serve. Attorney Kraft said there is a problem with due processing and service and there are alternative methods that could be better utilized. Mr. Vonder Muellen said regarding both processes, including summons for the Code Board, his department had experienced difficulty in the past especially with people not receiving certified mail. He said the City implemented different procedures, for instance, registered letters in blank envelopes with perfume, which has been very successful. He said however, there are still lots of people who still refuse certified mail which presents a problem. Mr. Vonder Muellen said when using the court system process for citations, a process initiated by Kelly Carpenter, the City experienced difficulty at the Broward County judicial level. He said Code Enforcement decided to refrain from using the citation process until the process worked properly. Mr. Vonder Muellen explained that the problems presented with using the citation process are when a citizen goes before the Judge, the City is not involved and the citizen may be punished for a dirty roof or driveway that just needs to be resealed. Mr. Vonder Muelen said if a summons for the owners arrest is processed and if the owner is pulled over for running a stop sign, he could be placed in jail. He said since the incident will be published in the newspaper, the City needs to carefully examine this process. Mr. Vonder Muellen said Code Enforcement Officers experienced problems when they had to sit at the court house for six hours waiting for a schedule. C/M Abramowitz said these problems should be treated like a business and he was not concerned with fines but compliance. He said if someone is mandated to appear in court and the Code Officer does not show up, the case is dismissed. He said the owner is impositioned to go to the courthouse and the City has to do something. He said the City should eliminate Code Enforcement because the current process is not working. C/M Abramowitz said there are areas in Tamarac that no one wants to drive through. Mr. Vonder Muellen explained that most of the houses have running fines and are in bankruptcy with ownership switching between the banks and RTC, which prevents the City from obtaining fines or compliance. C/M Abramowitz said when there is a final settlement, the City will receive money. He said the City just received $45.000 from someone. Mr. Vonder Muellen said in the meantime the City has to wait and it looks bad. C/M Abramowitz said there are owners which have never been cited and it is a disgrace to the City. 1 IJ City Council Workshop Meeting December 3, 1993/IZ Page 11 Mayor Bender spoke to Mr. Vonder Muellen about a piece of property that had been cited for a grass cutting violation. Mr. Vonder Muellen explained that the vacant parcel's grass is cut by the City and the out -of -country owner pays his taxes and the fines for the grass cutting. He said there is nothing else Code Enforcement can do at this time. Mayor Bender referred to the abandoned piece of property and Ms. McDermott explained she is in the process of preparing a written report to the Mayor and the Council on this matter. Mr. Vonder Muellen questioned whether C/M Abramowitz wanted a special meeting to address specific issues since statements were made concerning the operation of Code Enforcement. Mr. Vonder Muellen said Code Enforcement's policy is to obtain compliance through whatever measure necessary, which may mean giving the individual an extra 30 days until they can get enough money from their set income, from their retirement checks or social security checks, so they can make the improvements on the property. Mr. Vonder Muellen said sometimes when an individual appears before the Code Board, the Board will grant a 30 day extension. He said he wants to be sure before making changes, that Council desires his department to become stricter. Mayor Bender said Council desires Code Enforcement to become more effective while using discretion. 4. Discussion regarding drainage projects within the City. Ms. McDermott explained that the City Council directed staff to do additional research on the 71st Street drainage project and City Engineer, Kline Jones, and Public Works Operations Manager, Alan Levine, have prepared a comprehensive analysis through the Engineering Department relative to repair and restoration of the 71st Street roadway area where drainage problems exists. Ms. McDermott said as a follow up, the City has had individual requests for review of the 49th Street area which is an elbow - type roadway off Commercial Boulevard at State Road 7. Ms. McDermott said as follow-up to these projects, the City needs to identify all of the problem priority hot spots within Tamarac. She said when the City completes one project, the City will be opening a Pandora's box for the rest of them. C/M Schreiber said if there is a problem, lets address it. C/M Abramowitz said the only problem he wants to address is the differential between the dollars in Mr. Jones' report and what was received from the Engineering report. Ms. McDermott said that the new analysis of 71st Street indicated the project could be redesigned differently than previously reported. C/M Abramowitz said his understanding was that the other side leading to the condominiums also has a problem. Mr. Jones explained his proposal for a slotted drain on that side of the street and said re-establishing a swale would have to be addressed by Public Works. Ms. McDermott said the swale area has grass that is very thick and is too high to allow proper percolation of the water. She said it is the same problem for both sides but one area is more dramatic than the other. Mr. Jones said there will be a small culvert laying down the edge J City Council Workshop Meeting December 3, 1993/IZ Page 12 of the existing road which will be covered with concrete. He said they will be cutting out 18 inches of the road and putting this culvert in with the slotted drain on top of it, not disturbing the driveway or the road surface. Mr. Kline said they cannot place a swale in this area because the driveways are in the way and because of landscaping and timber. He said on the other side they can re-establish the Swale. He said this work will intersect all of the areas where there is flooding so the pocket there now will drain into the pipe below the road surface and there is a slope. C/M Abramowitz asked for information regarding the portion that cannot be addressed. Mr. Jones said it is the landscape, driveway and timber area. C/M Abramowitz asked how many houses were on one side of the street where the problem is and would Engineering be able to eliminate the problem for every house experiencing a problem. Mr. Jones said they will alleviate the problem of water standing in the streets, not necessarily the driveway aprons. C/M Abramowitz said that would not be enough because he has been told by these people that when they get their mail, they are ankle deep in water. Ms. McDermott said their driveway swale is their driveway. C/M Abramowitz asked if the proposal would alleviate all problems for everyone on that street. Mr. Jones said if the problem in the street is alleviated it will not run into the driveway. Mayor Bender said his house is situated similar to these homes but if this was done on his street he would still have water in the driveway. He said his home was built in 1976 and his driveway has a swale. He said he wants the City to correct the outside so when the water runs off the street it does not run into his driveway, however, it is his responsibility to correct the driveway. C/M Schreiber said the street should be done first. C/M Abramowitz stated that if the City does the street and does not correct the problem, it is a waste of money. He said he wanted to see the problem corrected and asked if there was a way to correct it. Mr. Jones said the first study shows how to correct the problem, cost $400,000 and will provide a minimum solution that will remove normal flooding in the roadway. He said a swale in the driveway will not be addressed with this solution. C/M .Abramowitz said every homeowner must understand this method of correction because people will still have water in their driveway and they will complain. Mayor Bender said the City should have a contingency situation and, if the citizens want the City to spend the money on the street, it will be contingent upon eliminating personal problems. C/M Abramowitz agreed. Ms. McDermott said in another City she implemented a method that worked very well and she suggested an alternative method: The residents that want their driveway fixed can share the expense. She said when using this method, many homes with the same problems will want the same work done, but it would be an effective alternative solution. She said homeowners will have to pay for their driveway. Mayor Bender said with this method fewer people will complain because they will have to carry part of the cost. V/M Katz said he suggests the City pay for this work provided 1 1 1 City Council Workshop Meeting December 3, 1993/IZ Page 13 there is a contingency. agreement between every homeowner specifying the City Code states there will be no standing water on private property and everyone that has standing water on their property will be cited. C/M Abramowitz said he wants the owners to sign that they are aware and understand that they could have a potential problem in their driveway and that their driveway is their responsibility. He said he is anxious for the other side of the road to be fixed also. V/M Katz said residents came and said they wanted a sign stating no parking on the right of way. He said he met with the City Manager and the County and got the signs so the people across the street could not park their cars. He said now the same people who are complaining about water created the problem of parking in the right of way. C/M Abramowitz said he is willing to spend the money to alleviate the situation and is stating for the record he is not responsible for alleviating it. He said he did not cause the problem and is willing to vote yes but wants the City to communicate the situation to everyone and ask the owners to sign that they understand the situation. V/M Katz suggested that Council authorize the City Manager to speak at a homeowners association meeting of the Isles of Tamarac with the people who were so adamant about wanting the signs for the right of way and explain to them what the City wants to do before spending any money. C/M Schreiber said a public information meeting can be held with these people to explain to them the City,s willingness to spend the money to correct the situation; however they must be informed they are responsible for a problem on their own personal driveway. C/M Abramowitz said that information would not be enough because two weeks after the job is done and they walk through the water they are going to say that is not what the City said or they will say they did not understand. C/M Abramowitz said all the City needs to do is have each person sign that they understand, just like they did when they received their mortgage. He said he did not want them to have to share costs but he does want them to understand that this project will not take the water from their driveways. C/M Abramowitz stated they must be aware that if there is a problem they have two choices: either they live with the problem or they assume responsibility for fixing the situation. V/M Katz asked Council if he could get a consensus to authorize the City 'Kanager to attend the meeting of the homeowners association.'..�;nd the association at Kings Point to explain the solutio;i an4 i7l1 Council members agreed. Ms. McDermott; --said under stormwater management, once the project is done and_ the City looks at 49th, a priority list of the waterway 'alict roadway drainage problems should be established. She said Staff is currently working on that list. She said a five year improvement for resurfacing needs to be discussed and the report on this issue will be distributed also. Ms. McDermott said the City has done a month long analysis on City staffing as a follow-up to the November loth meeting and a written report on the difficulties caused by the manpower shortage will be issued to Council. Ms. McDermott said the manpower shortage has created a problem with regard to the amount of requirements placed on Staff and that these extra demands make their jobs harder. She said giving City Council Workshop Meeting December 3, 1993/IZ Page 114 them less money and not giving them any pay increases increases the possibility of more people leaving. Ms. McDermott said at the Special Council Meeting on November 24, 1993, Council directed and approved moving $125.000 from the FP&L escrow account and placing it into the General Fund. She asked if it was Council's contention to transfer these funds in Contingency. Mayor Bender said that Council agreed to put the funds into the General Fund and, if it was needed later in Contingency, the funds could be moved from the General Fund to Contingency. Ms. McDermott said she received a confirmation letter which she showed to the City Attorney and the $125.000 will be moved into the General Fund Revenue Account. She said she is also working with Jim Hunter of FP&L at the direction of the Mayor and Council to get the second part going. Ms. McDermott said she received, under the FDIC versus Sun Island Realty, $45.000 in settlement from the FDIC, and although Council discussed this issue previously, there was no final Council direction. She said she had Finance analyze the settlement and they recommended the General Fund Revenues, Utilities West Revenues and Utilities West Guaranteed Revenues pay off the outstanding bills. Mayor Bender said the money collected was supposed to cancel the liability accounts. Ms. McDermott said she is bringing this matter to Council's attention to receive direction to proceed in this regard. Ms. McDermott said she contacted Richard Black, Range Rider, from Wilton Manors, and, due to the holiday schedule, he is only available on Wednesday, December 8, 1993 at 1:30 p.m. to talk with Council. She said there is a Council meeting that same evening but it would be easier for him to come during the day. C/M Abramowitz asked if Mr. Black could come earlier on Wednesday around 9:00 a.m. Ms. McDermott said she would try to arrange that appointment time. With no further business to be discussed, Mayor Bender ADJOURNED this meeting at 12:30 p.m. CAROL A. EVANS, CMC CITY CLERK