HomeMy WebLinkAbout1984-01-25 - City Commission Regular Meeting Minutes�._._ .,M
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A&,
P.0, BOX 25010
TAMARAC, FLORIDA 33320
FIRST CLASS MAIL
CITY OF TAMARAC, FLORIDA
CITY COUNCIL
REGULAR COUNCIL MEETING
WEDNESDAY, JANUARY 25, 1984
CALL TO ORDER: 9:30 A.M.
ANNOUNCEMENTS OF TIME ALLOCATIONS - MOTIONS TO TABLE - The Chair
at this time will announce those items which have been given a
specific time to be heard, and will entertain motions from Council
members to table those items which require research. Council may
agendize by majority consent matters of an urgent nature which
have come to Council's attention after publication.
PRESENTATIONS AND AWARDS
I. Employee Service Awards - Presentation by City Manager
Stuurmans of five-year pins to Art Saey of Utilities East and
CSA Jackie Rachel of the Police Department, and ten-year pins
to Lt. Jimmie Dye and Officer Michael Considine of the Police
Department.
2. United Nations Day_:- 1983 -- Presentation of a Distinguished
Service Award to C/M Philip B. Kravitz in recognition of his
contributions in promoting observance of United Nations Day.
1/25 - Pg. 4
Presentations to
all but Considin
who was absent.
1/25 - Pg. 2
Presented by
Mayor Falck.
1/25 - Pg. 2
3. The Good Old Days - 1984 - Presentation of a proclamation by Presented by
Mayor Falck designating the week of April 24-30, 1984, as "The Mayor to Dr.
Good Old Days Week". Marcus.
1/25 - Pg. 13
4. Fort Lauderdale Symphony - Presentation of a Mayor presented
proclamation by
Mayor Falck designating the month of February, 1984, as Fort proclamation for
Lauderdale Symphony Month". mailing.lg 13
BOARDS AND COMMITTEES APPROVED appoint
ment of John C.
5. Board of Adjustment - Temp. Reso. #2991 - Discussion and pos- Hamilton. Term
sible action to appoint a member to this boarf4. -expires 7/16/86.
CONSENT AGENDA
6. Items listed under Item #6, Consent Agenda, are viewed to be
routine and the recommendation will be enacted by one motion
in the form listed below. If discussion is desired, then the
item(s) will be removed from the Consent Agenda and will be
considered separately.
a)
Minutes of
12/1/83
- Regular Meeting reconvened from
11/23/83 -
Approval
recommended by City Clerk.
b)
Minutes of
12/6/83
- Public Hearing on Proposed Charter
Amendments
- Approval recommended by City Clerk.
c)
Minutes of
12/6/83 -
Reconvened Meeting - Approval re-
commended
by City Clerk.
d)
Minutes of
12/14/83
- Regular Meeting - Approval recommend-
ed by City
Clerk.
1/25 - Pg. 14
APPROVED a) thru
f) h) thru o) &
r) .
PAGE
TWO
e)
Minutes of 12/22/83 - Public Hearing on Proposed Charter
Amendments - Approval recommended by City Clerk.
f)
Alan F. Ruf - Consultant City Attorney - 1/20/84 -
$1,851.00 - Approval recommended by City Attorney.
1/25 - pg. 1 &4
g )
Mitchell Ceasar - Grants Consultant - Retainer for December
REMOVED from
1983 - $1 ,250.00 - Approval recommended by City Manager
Agenda by Consent
(tabled from 1/11/84) .
and then
h)
Williams, Hatfield & Stoner, Inc. - Consulting Engineer -
APPROVED.
12/23/83 - Project 1724-0, Statement 26 (Final) - $305.57 -
Approval recommended by City Engineer.
i)
Williams, Hatfield & Stoner, Inc. - Consulting Engineer -
12/30/83 - Project 1710-15, Statement 3 - $1,074.50 -
Approval recommended by City Engineer.
j)
Williams, Hatfield & Stoner, Inc. - 12/30/83 - Project
1710-0, Statement 42 - $608.00 - Approval recommended by
City Engineer.
k)
Williams, Hatfield & Stoner, Inc. - 12/30/83 - Project
1724-1, Statement 2 _ $6,900.00 - Approval recommended by
City Engineer.
1)
Williams, Hatfield & Stoner, Inc. - Consulting Engineer -
12/30/83 - Project 1113-0, Statement 87 - $510.50 -
Approval recommended by City Engineer.
m)
Shailer, Purdy & Jolly - Counsel for contraband forfeitures -
Services for December, 1983 - $107.94 - Approval recommended
by City Attorney.
n)
Miller & Meier & Associates Municipal Facilities -
12/30/83 - Programming Phase - $5,668.80 - Approval re-
commended by City Attorney.
o)
Muller, Mintz, Kornreich, Caldwell, Casey, Crosland &
Bramnick, P.A. - Labor Counsel - 1/6/84 - $263.92 - Approval
recommended by City Manager.
p)
Authorization to expend $2,163.40 from the Drainage Improve-
ment Fund to purchase drainage pipes and connecting bands
for repairs to the area of Westwood Boulevard and Lime Bay
Boulevard.
q)
Authorization to utilize the Recreation Building at Lake
Colony (Brookwood. Gardens) for City recreation activities.
for one year.
r)
Disposal of Used Tires - Continuing authorization to sell
used City tires on a sole source basis to Lantana Tire at
75� each.
s)
Woodview Tract 38 - Approval to extend the model sales
1/25 - Pg. 15
permit to the meeting of 2/22/84.
APPROVED to
GENERAL
ADMINISTRATIVE FINANCIAL
2/22/84.
7. Grants - Status report by Mitchell Ceasar, Grants Consultant.
1/25 - Pg. 2
(This
item is scheduled to be heard approximately 9:30 a.m.)
No action.
8. University
-Reportgiven.
Drive Expansion - Status report by Representative
1/25 - Pg. 2
Gustafson
and Commissioner Craft. Discussion and possible
No action.
action.
(This
item is scheduled to be heard approximately 9:30 a.m.)
Reports given.
9 AuditReport for Fiscal Year 1982/83 - Discussion and possible
1/25 - Pg. 5
PPROVED a) &
action
a)
Adoption of this report by Temp.__Reso. #2993.
b)
Payment of progress billings in theT amount of $17,000.00 for
services rendered in connection with this Audit.
(This
item is scheduled to be heard approximately 10:00 a.m.)
PAGE
THREE
0
Pr Sewage Pumping Station and
_ n for ...- - --
tMains ies e.� � -
1/25 - Pg. 30
Force - Discussionand o
possible action 0 n :
APPROVED a)
a Approval of payment in the amount of $13,265.26 for work
and b).
performed to date.
b) Authorization to expend an additional amount not to exceed
$10,000.00 to complete this project.
11.
Florida Municipal Health Trust C
Cost Increase - Discussion and
___.._.
1/25 - Pg. 33
possible action o n :'
APPROVED a)
a) Acceptance of new rates submitted by FMHT
and b).
b) Acceptance of employees January, 1984, insurance premiums
in two pay periods (1/27/84 and 2/10/84).
12.
Aquatic Plant Control _Funds - Temp. Reso. #2992 - Discussion
1/25 - Pg. 29
APPROVED; named
and possible action to amend prior resolutions designating the
Daniel Saale as
officials responsible for administering this program for Fiscal
Financial Offic.
Year 1983/84.
Reso#84-22.
13.
Council Expenses - Discussion and possible action on refund of
1/25 -- Pg. 7
Rebates will no
payments made for Council expenses.
be made beyond
14.
Dr. Cesar Alegre - Discussion and possible action on a request
FY 1982/83.
1/25 - Pg. 34
Tor refund of an occupational license fee for a professional
APPROVED refund
association.
1/25 -- Pg. 8
15.
Street Fair - Discussion and possible action regarding the
APPROVED for
4/8/84, as
Tamarac Street Fair requested by the Tamarac Chamber of
stipulated.
Commerce to be held in April, 1984, on NW 57 Street between
the Post Office and University Drive.
1/25 - Pg. 34
16.
Broward League of Cities Business - Discussion and possible
—�_
o action.
Reports given b,
a c t ion .
Mayor Falck &
LEGAL
AFFAIRS
/M Kravitz.
17.
Municipal Bonds for March _Election - Discussion and possible
TPPROVED
/25 - Pg.35&41
Reso 84-24 & 25
action o n :
a) Municipal Revenue Bonds for financing capital improvements
a) & b'
as amended.
to accommodate plans for wastewater treatment, establishing
) Report given
the referendum question and date of referendum - Temp_. Reso.
by C/Manager.
# 2 9 8 0 .
b) Municipal Revenue Bonds for financing a new City Hall and
) HELD for Re-
onvened 1/30.
Police Station, establishing the referendum question and
/30_ Pg. 2
date of referendum - Temp. Reso. #2979.
Establishing
ut�xorized 1�illk
c) procedures for presentation to the public.
& Meier to make
d) Site analysis study on City -owned property on the northeast
study for
corner of Commercial Boulevard and NW 88 Avenue.
complex.
18.
Preparation of City Council Agendas - Temp. Reso. #2990 - Dis-
1/,in - Pg. 3
cussion and possible action to amend the procedures regarding
TABLED for
preparation and consideration of items appearing on any regular
full Council.
agenda of the City Council.
19.
Annexation of the Headway Office Park b Lauderdale Lakes
1/25 - Pg. 42
a) Report giver
located southeast of the Intersection of Commercial Boulevard
by C/Attorney.
and State Road 7) Discussion and possible action on:
b) Authorized
a) Report on Broward County Legislative Delegation annexation
C/Atty to pro -
me e t i n g.
b) Authorizing City officials to take appropriate action regard-Reso;
ceed & prepare
author-
ing the proposed annexation of this office park by Lauderdaleized
Mayor to
Lakes - Temp. Reso. _#2995. -sign
Reso.
20.
Company
_ any Rates _Tem Res #2994 - Dis-
.....& L7.letact_i..� `. P•___
e..possibleMthe
1/25 - Pg. 40
cussion andrida
,. �._ �.
ass 7 b opposing rate increase requestedReso.#84--14
by FP&L as the request discontinues the discount for low volume
PPROVED.
consumers of electricity.
2l
Realignment tr
_e�- _et Discussion and
� possible action
/25 - 3
uthorized V/M
regarding a Cooperai;7 veAgreement with Broward County to ex-
assaro to
pedite realignment of NW 61 Street at University Drive.
aegotiate with
aunty as
titiulated.
PAGE FOUR
22. oddin
_ of Canal Banks
_ _ - Temp.�- _Ord. #1080 Discussion and 1/30 - Pg. 4
Possible action to amend Section 24-34 of the Code pertaining Ord. #84-5.
to canal bank sodding bonds and inspections. Second Reading. APPROVED as
(Public Hearing held 113/84) (tabled from 1/11/84). amended.
23. Circular Drives - Temp_. Ord. #1076 - Discussion and possible
action to amend Section 6-13(a) of the Code pertaining to the
width of circular drives in residential districts. First
Reading.
PUBLIC_HEARINGS - 2:00 P.M.
24. Nancl B. Heikkinen - Special Exception Petition #23-Z-83 -
Tem Reso. #2996 - Discussion and possible action to grant a
special exception to permit a day care center in a B-1
(Neighborhood Business) zoning district on the east side of
NW 70 Avenue, south of McNab Road and south of the existing
two-story store/apartments building at the southeast corner
of this intersection.
25. Proposed Charter Amendment - Temp. Ord.#1083 - Discussion and
Possible action on a proposed amendment to the Charter to pro-
vide for revenue and improvement bonds and lease purchase
agreements without a referendum. Second Reading.
26. Swales - Temp. �- Ord. #1086 Discussion and possible action to
amend Ordinance 83-37 and Chapter 23 of the Code regarding
placement of certain objects within this area. Second Reading.
27. Lakes of Carriage Hills, Inc. - Rezoning Petition #3-Z-82 -
Tem p. Ord_ #1081 - Discussion and possible action to rezone
lands at the northeast corner of Rock Island Road and Saba]
Palm Boulevard East, extending north toward Bailey Road
approximately 155--feet and eastward approximately 435-feet,
from S-1 (Open/Space Recreational) to B-1 (Neighborhood Bus-
iness). Second Reading.
a) Acceptance of Affidavit of Publication and Affidavit of
Posting.
b) Consideration of application.
28. Bonaire Associates, Ltd. - Rezoning Petition #21-Z-83 - Temp.
Ord. #1082 - Discussion and possible action to rezone Recrea-
tion Area #2 for Westwoods of Bonaire situated on the east
side of NW 80 Avenue, between NW 78 Street and NW 75 Street,
from R-3U (Low Density Multiple Dwellings) to S-1 (Open/Space
Recreational). Second Reading.
a) Acceptance of Affidavit of Publication and Affidavit of
Posting.
b) Consideration of application.
COMMUNITY DEVELOPMENT
29. Lakes of Carriage Hills - Discussion and possible action on:
a Revised site plan for the model sales area to reflect a
temporary drive at Sabal Palm Boulevard East and sidewalks -
Temp. Reso. #2999.
b) Declaration of Protective Covenants and Restrictions - Tem
Reso. #2997 (tabled from 12/28/83).
c) Sidewalk Easement - Temp_.- Reso. #2998
d) Renewal of a model sales permit fora facility located at
6180 Rock Island Road (tabled from 12/28/83).
1/30 -- Pg. 4
TABLED.
1/25 - Pg. 17
P.H. held.
TABLED for input
from C/Atty.
1/25 -- Pg. 20
DENIED.
1/25 - Pg. 23
P.H. held.
TABLED for
revision. by
C/Atty.
1/25 - Pg. 25
a) ACCEPTED.
b) TABLED to
Reconvened Mtg.
b) 1/30 - Pg. I
TABLED.
1/25 - Pg. 26
Ord. #84-4.
a) ACCEPTED.
P. H. held.
b) APPROVED.
/25 - Pg. 26
ABLED a),b),c),
nd D) to Recon-
ened Meeting.
/30 - Pg. 1
ABLED.
30 pt7onon aGardens
Fast/Mission Lakes - Discussion and possible /25 - Pg 27
a
payments connection with the Water and Sewer ABLED to second
Developers Agreement ( tabled from 1 /1 1 /84) . eeting- in March.
PAGE FIVE
31 . Woodmont Tract 68/77 - Cypress at Woodmont - Discussion and 1/25 - Pg.28&29
Possible action on: -� a) TABLED to
a) Calling of a warranty bond posted for public improvements - Reconvened Mtg.
Temp. Reso. #2986 . b) TABLED to
b) Conditions regarding approval of model sales permit renewal Second Mtg/March
on 1 1 /9/83 . 1/30 - Pg. 5
(tabled from 1/11/84). a) DENIED Temp.
Reso. & APPROVED
32. Patio Homes at Fairmont - Model Sales Faci1it - Discussion extension of
and possible action to renew a model sales permit (tabled from Bond to 3/25/84.
12/l/83).
33. Woodmont Tract 59 - Temp. Reso. #2893 - Discussion and possibl
action to accept a Bill of Sale for water distribution and
sewage collection system improvements (tabled from 12/1/83).
34. Woodmont Tract 56 - Model Sales Center - Discussion and pos-
sible action to allow a temporary trailer during daylight
hours only for sales purposes.
N61
1/25 - Pg. 29
APPROVED for 6
mnths. to 2/15/84
1/25 - Pg. 12
TABLED to next
regular meeting.
1/25 - Pg.11
APPROVED for
period of paid
license.
Woodmont Tract 72-C Pinea le Park) - Discussion and possible 1/25 - Pg. 9
action on: Reso.#84-18.
a) Model sales facility APPROVED a) and
b) Easement and Option Agreement - Temp_. Reso. #3005. b).
36. Bishop Tracts - Discussion and possible action on:
a Tract 26 located on the west side of NW 88 Avenue, south
of NW 81 Street)
1) Development Order - Temp. Reso. #2941
2) Plat - Temp. Reso. #2934�
3) Development Review Agreement
4) Development Agreement - Temp. Reso. #2935
b) Tract 31 (located on the west side of NW 88 Avenue, north
and west of NW 77 Street)
1) Development Order - Temp. Reso. #2942
2) Plat -- Temp. Reso. #2939
3) Development Review Agreement
4 - Development Agreement Tem_g._Reso . # 2.9.4 0
(tabled from 1/3/84)
37. Concord Village - Model Sales FaCilit - Discussion and pos-
sible action to renew a model sales permit.
38. Treehouse - _Model Sales Facility - Discussion and possible
action to renew a model sales permit and waiver of the 300-foot
distance requirement for certificates of occupancy.
39. Richway - Warranty -Bonds - Discussion and possible action on:
a Release of a warranty bond posted for the drainage system
by Temp_. Reso. #3000.
b) Disposition of a warranty bond posted for public improve-
ments, excluding drainage, by Temp. Reso. #3001.
40. Fairways III - Warranty Bond - Temp. Reso. #3002 - Discussion
a d b 1 -- -- _ _ .
1/25 - Pg. 1
TABLED to next
meeting.
1/30 - Pg. 1
TABLED.
/25 - Pg. 13
.PPROVED for 6
.oaths from
/10/84.
/25 - Pg. 12
PPROVED for 6
.oaths from
/27/84.
/25 - Pg. 11
.eso . #84--15&l6 .
APPROVED.
APPROVED,worl-.
o be completed
y 1/30/84 or
and will be
ailed.
n posse e action to call a warranty bond posted for public /25 - Pg. 12
improvements, eso.#84-17.
PROVED; work tc
41. Tamarac Gardens - Warranty Bonds - Discussion and possible e done b 1/27.
action on: - - /25 - Pg. 1, 2E
a) Calling of the warranty bond posted for paving and drainage & 33.
by Temp. Reso. #3003. Zeso. #84-19.
b) Disposition of a warranty bond posted for sidewalks by Temper emoved; Agen-
R)sn. *�nna
42.
Land Section 7 - Report by City Planner
action.
ized; APPROVED;
k to be done by
Discussion and possibl /1/84 or Called.
42; 1/30 - Pg. 5
Authorized ad-
43. Drainage Improvements in the City - Discussion and possible vertising for
action. PH b P1n.Comm.
43: 1/30 - Pg. 6
o discussion.
PAGE
SIX
REPORTS
1/30 - Pg. 6
Reports by V/M
44. City Council
Massaro &
Mayor Falck.
45. City Manager
1/30 - Pg. 7
No Report.
46. City Attorney
1/30 - Pg. 7
Report by City
Attorney Hennin
City Council may consider such other business as may come before it.
Pursuant to Section 286.0105, Florida Statutes, if a person decides to appeal
any decision made by the City 'Council with respect to any matter considered at
such meeting or hearing, he will need a record of the proceedings, and for such
purpose he may need to ensure that a verbatim record of the proceedings is made
which record includes the testimony and evidence upon which the appeal is based.
CITY OF TA.MARAC
Carol A. Evans
Assistant City Clerk
Following are the residential and commercial zoning districts in the City:
R-1
R-lB &
- Single Family Residence
B-2
- Planned Community Business
R-IC
- One -Family Dwelling
B-3
B-5
- General Business
- Limited Business District
R-2
- Two -Family Dwelling
B-6
- Business District
RD-7
- Two -Family Dwelling
S-1
- open Space/Recreational
R-3U
- Row House
I-1
- Institutional
R-3
- Low Density Multiple Dwelling
M-1
- Light Industrial
RM-5 -
Residential Multi -Family
M-2
- Medium Industrial
RM-10 -
Dwelling
Planned Apartment
A-1
A-5 -
- Limited Agricultural
Agricultural/Excavation
R-4A -
Planned Apartment
T-1 -
Trailer Park District
R-5 -
Motel/Hotel
B-1 -
Neighborhood Business.
CITY OF TAMARAC, FLORIDA
REGULAR CITY COUNCIL MEETING
January 25, 1984
Tape CALL TO ORDER: Mayor Walter W. Falck called the meeting to order on
1 Wednesday, January 25, 1984, at 9:30 A.M. in the Council Chambers..
ROLL CALL: PRESENT: Mayor Walter W. Falck
Vice Mayor Helen Massaro
Councilman Philip B. Kravitz
Councilman David E. Krantz
Councilman Jack Stelzer
ALSO PRESENT:
Laura Z. Stuurmans, City Manager
Jon M. Henning, City Attorney
Marilyn Bertholf, City Clerk
Roslyn Brauner, Secretary
Patricia Marcurio, Secretary
MEDITATION AND PLEDGE OF ALLEGIANCE: Mayor Falck called for a Moment
of Silent Meditation followed by the Pledge of Allegiance.
COMMUNITY DEVELOPMENT
36. Bishop Tracts - Discussion and possible action on:
a Tract 26 (located on the west side of NW 88 Avenue, south
of NW 81 Street)
1) Development Order - Temp. Reso. #2941
2) Plat - Temp. Reso. #2934
3) Development Review Agreement
4) Development Agreement - Temp._Reso. #2935
b) Tract 31 (located on the west side of NW 88WAvenue, north
and west of NW 77 Street)
1) Development Order - Temp. Reso. #2942
2) Plat - Temp. Reso. #2939�--
3) Development Review Agreement
4) Development Agreement - Temp. Reso. #2940
(tabled from 1/3/84)
SYNOPSIS OF ACTION: TABLED to
the next meeting.
V/M Massaro MOVED to TABLE this Item since it is not ready to be
heard, to the next meeting, SECONDED by C/M Kravitz.
vnTP
ALL VOTED AYE
C/M Stelzer requested discussion on Consent Item 6 g) after Item
7 on the agenda and Mayor Falck concurred with this.
41. Tamarac Gardens - Warranty Bonds -- Discussion and possible
action on:
a) Calling of a warranty bond posted for paving and drainage
by Temp. Reso. #3003.
b) Disposition of a warranty bond posted for sidewalks by
Temp. Reso. #3004.
SYNOPSIS OF ACTION: REMOVED from
the agenda.
V/M Massaro MOVED this Item be REMOVED since they have completed the
work necessary. SECONDED by C/M Kravitz,
vnrF-
ALL VOTED AYE
1/25/84
/pm
PRESENTATIONS AND AWARDS
3. The Good Old Days - 1984 - Presentation of a proclamation by
Mayor Falck designating the week of April 24 -- 30, 1984, as
"The Good Old Days Week".
SYNOPSIS OF ACTION: Proclamation
was presented to Dr. Marcus,
representing the "Area -Wide Agency
on Aging".
Mayor Falck read the proclamation into the record and presented
this to Dr. Marcus, representing the Area -Wide Agency on Aging.
2. United Nations Day-_�1983 - Presentation of a Distinguished
Service Award to C/M Philip B. Kravitz in recognition of his
contributions in promoting observance of United Nations Day.
SYNOPSIS OF ACTION: Proclamation
was presented.
Mayor'Falck read the Distinguished Service Award into the record
and presented this to C/M Philip B. Kravitz.
GENERAL ADMINISTRATIVE/FINANCIAL
7. Grants - Status report by Mitch Ceasar, Grants Consultant.
SYNOPSIS OF ACTION: Mitch
Ceasar gave a presentation.
Mitch Ceasar, Grants Consultant, said in his status report:
1. Tamarac has gotten a West Broward voice on the MPO (Metropolitan
Planning Organization) with the appointment of Commissioner Craft
to this group.
2. They need to change the designation of road funding that University
Drive currently has. In the past it was under M funds and they
want to switch it to FAP (Federal Aid Primary) funds. That
designation has been successful, the State DOT has agreed and the
Federal DOT may need to approve that.
3. There is a certain amount of money controlled by the District
Engineer in DOT and those M funds help there.
4. It is important to have the FAP funds put on the list of that
funding so it holds the same importance in a relative sense as
I-95 or other projects.
5. They met about 10 days ago with a District Representative from
DOT with Representative Gustafson and they presented a case as
to what exactly had to be done for the transfer of funding.
6. DOT stated that the first 5 years were committed and the only way
to get this type of project funded was if there was additional
money coming in te,,FAP :,
7. It must be determined whether it would be helpful, in the design
aspect, to use the City, County or State DOT or some combination
thereof.
8. One critical monetary element was that the original bikepath
money (approximately $120,000)with some money used, left a balance
of approximately $70,000. They petitioned DOT to allow them to
transfer that money from the funding it was in to be used for
design. The DOT has tentatively approved this transfer.
8. University Drive Expansion - Status report by Representative
Gustafson and Commissioner Craft. Discussion and possible action.
SYNOPSIS OF ACTION: Representative Tom Gustafson
and Commissioner Craft gave reports.
Mayor Falck said some months ago Council requested V/M Massaro
coordinate this project on behalf of the Council and she has been
working with Representative Gustafson, Commissioner Craft and Mitch
Ceasar. V/M Massaro introduced Representative Tom Gustafson to Council.
- 2 -
1/25/84
/pm
Representative Gustafson said the prime way to make University Drive
a priority item is to get the funding for the engineering and have
DOT approve the right-of-way as sufficient. He credited Commissioner
Craft for his efforts in making this a priority with the County. V/M
Massaro asked if the target date might not he
about three to four years and Representative Gustafson said moving
this forward is important and it is difficult to set dates.
V/M Massaro asked Commissioner Craft for his report and he said
the MPO has taken the position that University Drive from Dade
County line to Palm Beach County line is a significant primary road
and will do their design and planning accordingly. He said the next
report from Commissioner Craft and Mitch Ceasar on this item will
be after they have found the funding for the engineering. He said
it must be studied whether the design work should be done by the City,
County or State to be most economical and time saving. V/M Massaro
asked if it could be private enterprise that designs this and he
said it does not matter who does it provided it is done to State DOT
standards. Commissioner Craft said they will require more of Richard
Rubin's time on this project along with Mitch Ceasar and Representative
Gustafson.
V/M Massaro said this will have to be a joint effort on everyone's
part and she commended both Commissioner Craft and Representative
Gustafson for their efforts on behalf of the City.
LEGAL AFFAIRS
21. Realignment of NW 61 Street - Discussion and possible action
regarding a Cooperative Agreement with Broward County to ex-
pedite realignment of NW 61 Street at University Drive.
SYNOPSIS OF ACTION: V/M Massaro was
authorized to represent the City in
negotiations with the County as
stipulated.
V/M Massaro said she has met with the State DOT representatives because
University Drive is a State road. Commissioner Craft has been on the
site with them, reviewed it and presented this to the County. She said
Richard Rubin attended the last meeting and at that time it was
determined that mainly because Monsignor Donnelly has so graciously
offered to give the City additional land, this would help to move the
eastern portion of 61st St. further north. Although it will not meet
the State DOT requirement, it would bring it closer to their require-
ment. Without the offer of this additional land, the City was stymied
because of the danger at that intersection. She said this required
the City Engineering Department to order a survey through the City
Manager's office. Those plans are now in-house and the Engineering
Department will prepare an overlay to determine how it matches with
the existing 61st St. on the west side and what part of St. Malachy's
Church property would have to be taken. When that plan is completed,
it will be presented to the Monsignor and then taken back to the State
Tape DOT.
2
Commissioner Craft said that overlay is needed for his presentation
to the County Commission at the 2/12/84 meeting. V/M Massaro said
they are asking for the cooperative effort of the County on the road
work as well as the light. There is an agreement several years old
that the City would pay for the installation of the light and the
County would provide the light with an estimated cost of $40,000 for
the roadwork; however, it could cost much more since the parking area
of St. Malachy's Church is involved. Commissioner Craft said the
County does'not want to commit at this time who will pay for the labor
and who will pay for the material, but would rather keep that open and
see what is best. V/M Massaro said the City would prefer the County
do the labor and she has been told that they can schedule it providing
it is done within the next few weeks.
- B - 1/25/84
/pm
Commissioner Craft said they will need the deeds and conveyances from
the Archdiocese before they start work. Monsignor Donnelly said
they need this done before the last week in August for use before the
openinc cf school. Commissioner Craft cautioned the City Engineer
that this must line up because the problem with the State DOT is that
if there is even a slight offset they will not accept it. The State
expects that when the property develops on the southwest side, the
City will require those people to dedicate the necessary land so that
at that time it will meet State standards and be redesigned and
corrected at that time.
Mayor Falck authorized V/M Massaro to represent the City with the
negotiations with the County concerning this.
CONSENT AGENDA
6 g). Mitchell Ceasar - Grants Consultant - Retainer for December
1983 - $1,250.00 - Approval recommended by City Manager
(tabled from 1/11/84).
SYNOPSIS OF ACTION: REMOVED and
then APPROVED. See Page 1).
Mitch Ceasar said there was a report submitted a week ago and the
next report will deal exclusively with this project and some of the
Grant projects that were not noted today. C/M Kravitz said he has
received a Legislative Update Report from Mitch dated 1/19/84 which
refers to the Legislative session. He said he has been asking for
a report as to what Grants have been received in 1.983. Mr. Ceasar
said there were two memos previously submitted, one was an accounting
from him of all Grants received since his association with the City
and the other would distinguish those from 1983. He said a third
report was submitted by City Manager Stuurmans which distinguishes
the 1983 Grants as well. C/M Kravitz requested he receive an actual
list for 1983 and, if possible, how much the City had to contribute
towards those Grants. Mr. Ceasar said he will see that C/M Kravitz
receives a copy of this.
C/M Stelzer MOVED APPROVAL of Item 6 g), SECONDED by V/M Massaro.
VOTE: ALL VOTED AYE
PRESENTATIONS AND AWARDS
1. Employee Service Awards - Presentation by City Manager Stuurmans
of five-year pins �to Art Saey of Utilities East and CSA Jackie
Rachel of the Police Department, and ten-year pins to Lt. Jimmie
Dye and Officer Michael Considine of the Police Department.
SYNOPSIS OF ACTION: Presentations
were made and Officer Michael
Considine was absent and will
receive his pin at a future
meeting.
City Manager Stuurmans said Officer Considine will not be able to
receive his pin today and this will be presented at a future meeting.
She presented five-year pins to Art Saey of Utilities East and CSA
Jackie Rachel of the Police Department and a ten-year pin to Lt.
Jimmie Dye of the Police Department.
- 4 -
1/25/84
/pm
GENERAL ADMINISTRATIVE/FINANCIAL
9. Audit Report for Fiscal Year 1982/83 —Discussion and possible
action on:
a) Adoption of this report by Temp. Reso. #2993.
b) Payment of progress billings in the amount of $17,000.00 for
services rendered in connection with this Audit.
SYNOPSIS OF ACTION: a) and b)
APPROVED.
RESOLUTION NO. R-84- PASSED.
a) Jon Henning read the Resolution by title and Burt Emmer said he would
like to highlight some items in the report. He said there is a
report letter which is a clean opinion and in prior years, because
of the Garcher suit and the substantial uncertainty surrounding that
suit, the opinion had to be qualified. He said expenditures have
been recorded in the 1983 Fiscal Year and there is no longer any
qualification. He said as far as the status of the City's General
Fund, the City ended the Fiscal Year with a fund surplus of a little
less than 2.7 million dollars as referred to on Page 7 of the Report.
Mr. Emmer said of the surplus the City appropriated as part of the
1984 budget was the amount of $1,888,394 which left the City with an
undesignated surplus of $736,868. According to the Charter, this must
be less than 10% of the proposed expenditures in the subsequent fiscal
year and this is less than that amount. He referred to Page 7, fourth
column, "Capital Projects". There is a fund balance of $2,560,422
that is for a variety of projects that the City, intends to consider
such as a new City Hall and drainage improvements. Those funds are
there for the Council's discretion. At the present time, they are
considered undesignated since no specific contracts have been made.
The Council has stated an intention to use it for specific purposes
but they are not legally restricted, however.
C/M Stelzer said something new has been added and he referred to
Column 1, "Deferred Property Tax" the amount of $1,887,000 which also
appears on a prior page as an asset "Property Taxes Receivable". Mr.
Emmer said this is a new technical requirement on how property taxes
are to be recorded. Recognizing the asset as receivable since it
attaches to the property, when the millage is imposed in September,
the actual revenue is for the year 1984. It is being picked up as
a Deferred Revenue. The net affect on the City's balance sheet
is 0 on the equity. On the fund balance, however, it does increase
the assets and liability.
Mr. Emmer referred to Page 10, comparison between actual revenues and
actual expenditures as compared to what the final amended budget was
and the line called ''Total Revenues", third column over, tells whether
the City received more than anticipated. There were more revenues
than anticipated in the amount of $778,207 and the bulk of this was
made up of more revenues in building -related activities since the
building activity during 1983 was increased. In the middle of the
page, the expenditures show the City spent $573,000 less than was
anticipated. The bottom of the page, third row up, reflects the
amount of $252,322. When the budget was organized, it was anticipated
utilizing $1,098,893 of the fund surplus of the fund balance. In
actuality, the City did not utilize that portion of the fund balance,
but, in fact, added to it the amount of $252,322.
Mr. Emmer said on Page 29 there is an outline of the General Debt of
the City that mainly belongs to the general government exclusive of
any debt of the utilities system which is separate. He said the City's
debt consists of 3 things:
1. General Obligation Bonds - bonds issued in 1975 for this building
and the original issue is at $630,000, as of last year's end, the
balance is $435,000.
2. Franchise Fee Installment Loan - to construct Fire Station #2 and
the balance as of 9/30/83 was $205,156.
- 5 - 1/25/84
/pm
3. Two (2) Equipment Installment Loans - for the purchase of fire
trucks and the balance was $50,761. This balance should be paid
in the current fiscal year, therefore, the total of the City's
general obligation debt is $690,917.
Mr. Emmer said on Page 39, 5th line from the bottom, the building
permits actual amount received in 1983 was $541,210 as compared
to the actual amount in 1982 of $292,877. This affects the other
building -related fees such as planning and engineering also. On
Page 55, there is a statement which shows the results of the
operations of the two utilities. The East Utility is small
and the West Utility has the debt outstanding of revenue bonds
issued when this was acquired. The bond agreement has a require-
ment that the City will generate a certain amount of "Net Operating
Revenues" sufficient to be at least 110% more than the debt
service requirement on the bonds. The actual coverage is about
121%, therefore, the City is adequately covered and this is a
conservative calculation without including the interest received
from the Developers Agreements because the bond contract does not
address that and that can be an unstable source of revenues. This
is a rate covenant should the City not be getting the required
service, they would then be required to adjust the rates accord-
ingly. He estimated that with this coverage, the City does not
have to raise rates but he recommended that the City study the
Utility rate structure preparing to possibly have to raise the
rates in the future.
Mr. Emmer said the rates in a Utility are usually set for.5.years
and, since the rate stays the same for 5 years, the.expenses.
traditionally go up. The expense in Tamarac which has increased
the most is the Large User Agreement. V/M Massaro said the interest
that is accummulated as a result of the deposit of a CIAC does go
into that fund. Mr. Emmer said on Page 70, there is a. Management
Letter which contains comments that have been communicated to the
City Manager, the Finance Director and the Mayor and they are pleased
that the City staff does implement any comments they have made.
He said Tamarac received, for its 1982 Comprehensive Annual
Financial Report, the Certificate of Conformance from the Municipal
Finance Officers Association, which is awarded to cities that meet
a high standard of excellance in financial reporting. He said the
rating agencies on bonds are on record in writing stating that they
consider that in coming up with a rating and this report must be
resubmitted each year. He said they will be providing Council
with a written report on each fund balance in addition to giving a
consolidation of all the funds.
C/M Kravitz questioned whether anything was done in reference to
internal control and Mr. Emmer said yes, there was and they found
no problems. C/M Kravitz said there is nothing in the report to
indicate that the areas of concern have been improved and Mr.
Emmer said the comments in the Management Letter are their
recommendations. Ray Munitz, resident, asked about the evaluation
report for internal control and what effect it had on the audit
program and which recommendations were adopted. Mr. Emmer said
they were not engaged to follow up on that report. V/M Massaro
said the auditing firm assumed that the City staff will follow
through with the internal control as was recommended.
City Manager Stuurmans said within the scope of his responsibility
for the end of the year financial audit, it does not include a
follow up of the special audit that was performed mid -year 1983.
Nor during the process of that work unless specifically requested
and authorized would he intend to follow up; however, at the staff
level they have been tracking that and, in fact, in the course of
the audit work by staff members from the firm, a couple of areas
were cited where there is need for improvement. One of these
would be a problem in updating the computer records involved in
personnel entry and exit from City service. This has been
addressed with the new Personnel Director. She said they have
continued to monitor the Public Works shop operation which is an
area where the labor force is more directed to the mechanical
- 6 - 1/25/84
/pm
aspect of their function and not the paper work and they are working
with the Director to make them more fully aware and responsible
to the importance of the paper work flow to justify the time and
parts cost for that operation. In the area of the Building
Department, she said, there are some minor references cited that
were discussed with Mr. Stevens and were addressed immediately.
She Said this was done with the Fire and Police Departments as
well and she has seen where the inventory was better addressed.
C/M Stelzer said Pages 68 and 69 give a complete analysis of the
scope of the audit with respect to internal controls. 11r. Emmer
said, in reference to the Utilities, there is not a deficit in
the West and this is most important. The West has unreserved
retained earnings of about $339,000 and the East Utility has about
$301,000 of unreserved retained earnings. Steve Wood, Finance
Director, said a large portion of the retained earnings of Utilities
West are reserved for requirements to the bond issue and for
contribution charges as well as some restricted assets. He said
there are a large amount of contributions on the books which is
Contributed Capital from CIACs.
C/M Stelzer asked if the City could not use some of this surplus
to reduce the rates to the residents and Mr. Emmer said this can
Tape be used for capital projects only and not for rates. Mayor Falck
3 said C/M Kravitz had asked the auditing firm to check on a trip
he took to San Francisco and he wanted Mr. Emmer's findings in
the record. Mr. Emmer said in July, 1983 C/M Kravitz requested
some additional procedures be performed as a part of the financial
audit, one of which was to review the expenses of the elected
officials in the City to see if they were proper and in accordance
with Charter provisions. They did that and submitted a letter
with the results which were indications of a trip to California;
however, there was no record of reimbursement for that. Mayor
Falck said he has never gone to California on City business.
Mr. Emmer said most expenses consist of mileage charges and
registrations to meetings, authorized travel expenses, etc. and
the auditors were not in a position to measure the mileages
reported. C/M Stelzer suggested Council use the form sent to
them by the Finance Director in March, 1982 to record mileage, etc.
C/M Kravitz said for the record that he was not concerned with
a particular trip or individual but, rather, the procedures of
reporting expenses and since his request to the auditing firm,
this has been clarified.
a) reprtantz 5EC0by V/M MOVED
NDED APPROVETemp_.Reso_ #2993 accepting the audit
o
VOTE:
ALL VOTED AYE
b) V/M Massaro MOVED APPROVAL of payment of progress billings in the
amount of $17,000 for services rendered in connection with this
audit, SECONDED by C/M Krantz.
VOTE:
ALL VOTED AYE
3. Council Expenses - Discussion and possible action on refund
of payments made for Council expenses.
SYNOPSIS OF ACTION: Rebates from individual
Council members to the City will not be made
beyond 1982/83 Fiscal Year.
City Manager Stuurmans said there were a couple of members of Council,
who through the confusion of the election year timing of expenses,
were overpaid by the language that existed in the Charter. Both
Mayor Falck and C/M Kravitz were given notice to the amount of
overpayment by the City for reimbursable expenses and both paid
the City prior to the close of the 1983 calendar year. In
retrospect, she said, since this was an audit of the election year
- 7 -
1/25/84
/pm
82/83, the question has been raised as to whether or not, in the
absence of guidelines and procedures, it might be punitive to ask
for those reimbursements to the City and she was asked to consider
a refund. Since the amount in each case, one was $120 and the
other was $170, exceeds the limitation that is imposed upon refunds
under the City Code, she is bringing the matter to Council for
consideration. Mayor Falck said he has already paid his and he
does not want a refund. C/M Kravitz said the reason this is being
brought before Council is that the City Manager does not have
the authority to issue a refund over $50. He said this goes back
to 82/83 and Council could not decide whether or not to attend
meetings or take trips because in the past it was not considered
an expense. He said they should either go back many years or
start from this point.
V/M Massaro said she would like to know more about this since she
has not encountered a problem in this area. C/M Stelzer asked
when a determination was made on these overpayments and City Manager
Stuurmans said the determination was made in November, 1983 during
the course of the audit work. C/M Stelzer MOVED no refunds be
made from individual Council members to the City beyond the
1982/83 Fiscal Year. SECONDED by V/M Massaro. Mayor Falck said
the confusion began because expenses were figured through the
fiscal year and it should be the election year term of office.
C/M Kravitz said it is his opinion that in prior years they have
been overpaid and there is money due the City and this should be
investigated and if there are any monies due the City it should
be repaid. He said on that basis, he is opposed to the Motion.
VOTE: C/M Stelzer
Aye
C/M Krantz
Aye
C/M Kravitz
Nay
V/M Massaro
Aye
Mayor Falck
Aye
15. Street Fair -
Tamarac
Commerce
the Post
Discussion and possible action
Street Fair requested by the Tamarac
to be held in April, 1984, on NW 57
Office and University Drive,
SYNOPSIS OF ACTION: APPROVED,
to be held 4/8/84, as stipulated.
regarding the
Chamber of
Street between
Jack Holmes, President of the Chamber of Commerce, said they have
Proposed a street fair to be held on 4/8/84. They are suggesting
that this be a City-wide event in which all non-profit organizations
participate. They will be given free booth space and the remainder
of the booth space will be rented for approximately $25 per booth
to local merchants for selling their wares. He said they need
approval from Council, a waiver of any licenses that would be
necessary and he has received approval from the Police Chief.
He said they will hire off -duty Police officers to handle this.
Mr. Holmes said the location is on 57th St. .from University Drive
to the east side of the Post Office. He said he assured the
Police Chief that there would be no alcoholic beverages or gaming
concessions there and he must send a letter to the City Manager
regarding the use of the Showmobile. He said Sharon Ellis assured
him that this should be no problem and she would help in providing
entertainment for the day. They propose to have entertainment
from 10:00 a.m. to 5:00 p.m. using as many local groups as possible.
C/M Kravitz asked the purpose of the funds for hooch rental ane
Mr. Holmes said this would offset costs for the Chamber of Commerce.
He said they have a Special Events Insurance Policy and the hours
of operation will be from 10:00 a.m. to 6:00 p.m.. He said they
are requesting the Tamarac Boy Scouts handle the trash collection
and they will be paid for this. C/M Stelzer asked if a Proclama-
tion could be passed to assist in this endeavor and V/M Massaro
said it will be advertised in the PIC bulletin as well.
8 - 1/25/84
/pm
C/M Kravitz said as liaison to the Chamber of Commerce, he would
MOVE to APPROVE the request of the Tamarac Chamber of Commerce
to have their street fair on 4/8/84 waiving all fees. V/M
Massaro SECONDED adding that it be subject to the examination of
the insurance and police supervision by the City Manager. The
City Manager said they have normally waived the requirement of any
special form of licensing but kept the requirement that if
building -type permits are required, they would have to apply for
them.
VOTE: ALL VOTED AYE
COMMUNITY DEVELOPMENT
35. Woodmont Tract 72-C(Pinea le Park) - Discussion and possible
action on:
a) Model sales facility
b) Easement and Option Agreement - Temp. Reso. #3005.
SYNOPSIS OF ACTION:
a APPROVED. Waiver of 300'distance
requirement granted for Block l-
4 plex and Block 13 - 8 plex.
b) APPROVED.
RESOLUTION NO. R-84- / 9 PASSED.
a)'C/M Kravitz said he has a memo that there are fees owed on this
project and V/M Massaro asked Jerry Bell, President of Woodvale
Builders, if they have applied for engineering work of any kind
beyond the clearing and grubbing and he said no. He said he has
paid the fees required for the clearing and grubbing and V/M
Massaro said no other fees are due at this time.
V/M Massaro MOVED APPROVAL of the model sales facility, SECONDED
by C/M Krantz.
VOTE:
ALL VOTED AYE
b) Jon Henning read the Resolution by title and V/M Massaro said they
have submitted a cash bond to demolish the structure if they do
not comply with the City's requirements and she MOVED APPROVAL of
Temp. Reso. #3005, SECONDED by C/M Krantz.
VnTF-
ALL VOTED AYE
Mr. Bell requested consideration of the waiver of the 300' distance
requirement and V/M Massaro said this should be considered at the
next meeting. V/M Massaro MOVED allowing them a waiver of the 300'
distance requirement for the two buildings that are affected by
the bank loan, Block 1 - 4 plex and Block 13 - 8 plex. SECONDED
by C/M Krantz.
VOTE:
ALL VOTED AYE
Mayor Falck recessed the meeting until 1:30 P.M. for lunch.
- 9 -
1/25/84
/pm
Tape THE MEETING WAS CALLED TO ORDER AT 1:30 P.M. A14D ALL WERE
4 PRESENT.
COMMUNITY DEVELOPMENT
34. Woodmont Tract 56 - Model Sales Center -- Discussion and
possible action to allow a temporary trailer during
daylight hours only for sales purposes.
SYNOPSIS OF ACTION: APPROVED for the
period for which they paid for a license
for the model sales center.
C/M Kravitz stated that the City does not have a copy of the
developers agreement for Woodmont Tract 54; and the Vice Mayor
said a developers agreement would not be necessary as this
request is for a trailer on wheels which will be moved overnight.
Ms. Kay P arenti, representing the developer, stated that this
trailer will be west of University Drive facing 78 Street.
V/M Massaro asked whether the trailer will be on the north or
south side of the street; and Ms. Perenti said it will be on
the north side. At the request of the Vice Mayor, Ms. Perenti
indicated this and initialled it on the plan, which will become
part of the record.
V/M Massaro explained that at the time approval was given by
Council for the model sales center, a hold harmless agreement
was provided, along with the customary items required for
model sales centers. She said the trailer under discussion
at this time is for temporary use only, until the model sales
center is completed.
V/M Massaro MOVED that the model unit, which is in the form of
a mobile unit,be approved for the period during which they have
paid for a license for their model sales center. SECONDED by
C/M Krantz.
C/M Krantz asked whether permission has been received from
the Woodmont Country Club to park this trailer there;
and Ms. P arenti said the Woodmont Country Club owns that piece
of property.
Mayor Falck distributed to Council, the photograph of the
temporary trailer.
VOTE:
ALL VOTED AYE
39. Richway - Warranty Bonds - Discussion and possible action on:
a) Release of a warranty bond posted for the drainage
system by Temp. Reso. #3000.
b) Disposition of a warranty bond posted for public
improvements, excluding drainage, by Temp. Reso. #3001.
SYNOPSIS OF ACTION: a) APPROVED.
b) APPROVED, to call bond if work
is not completed by 1/30/84 or if the
bond is not extended by that date.
RESOLUTION NO. R-84-_Z,5 PASSED
RESOLUTION 140. R-84- /(„ � PASSED
a) City Attorney Jon Henning read the Resolution by title.
V/M Massaro MOVED to approve Temp. Reso. #3000 as Mr. Keating
has approved the release of this drainage warranty bond.
She said she checked with him again todav to be sure that
nothing came uD at the last minute and it was indicated
that everything is in order, and the bond in the amount of
$34,632.50 should be released. SECONDED by C/M Krantz.
VOTE: ALL VOTED AYE
Doc
1/25/84
/rb
b) City Attorney Jon Henning read the Resolution by title.
V/M Massaro said that the work has not been completed, and
as indicated in the Resolution, if the work is not completed
or an extension of the bond provided by January 30, 1984, the bond
in the amount of $14,642.50 is to be called; and she would
MOVE to approve this Resolution since they were notified
that this action is taking place. SECONDED by C/M Krantz.
C/M Stelzer asked whether Council will be notified as to
whether the work has been completed, or the City will call the bond.
The City Manager said Council will receive a copy of the extension
document, if that occurs, and if the City has to call the bond,
Council will receive a copy of that correspondence.
VOTE:
ALL VOTED AYE
40. Fairways III - Warranty Bond - Tem . Reso. #3002 - Discussion
and possible action to calla warranty bond posted for public
improvements.
SYNOPSIS OF ACTION: APPROVED to RESOLUTION NO. R-84- Z7 PASSED
call Letter of Credit #408 in the
amount of $5,000.00 if the work is
not completed or an extension provided
by 1/27/84. Also, fees due must be paid.
C/M Kravitz stated there,are fees due in the amount of
$399.80.
V/M Massaro MOVED to approve Temp. Reso. #3002 to call
Letter of Credit #408 in the amount of $5,000.00 if the work
is not completed or an extension provided by January 27, 1984.
In addition, fees due must be paid. SECONDED by C/M Kravitz.
City Attorney Jon Henning read the Resolution by title.
VOTE:
ALL VOTED AYE
38. Treehouse - Model Sales Facility - Discussion and possible
action to renew a model sales permit and waiver of the
300-foot distance requirement for certificates of occupancy.
SYNOPSIS OF ACTION: APPROVED for
a period of six months from 1/27/84.
V/M Massaro MOVED the approval of the extension of the permit
and waiver of the 300-foot distance requirement for a period
of six months from Janury 27, 1984. SECONDED by C/M Krantz.
VOTE:
ALL VOTED AYE
33. Woodmont Tract 59 - Temp. Reso. #2893 - Discussion and
possible action to accept a Bill of Sale for water dis-
tribution and sewage collection system improvements
(tabled from 12/l/84).
SYNOPSIS OF ACTION: TABLED to
next regular meeting.
City Attorney Jon Henning read the Resolution by title.
V/M Massaro said the City has had problems with Tract 59 and
corrections were to be made. She said these corrections have
not been made and she would MOVE this item be tabled to the
next regular meeting. SECONDED by C/M Krantz.
VOTE: ALL VOTED AYE
-12_ 1/25/84
/rb
37. Concord Village - Model Sales Facility - Discussion and
possible action to renew a model sales permit.
SYNOPSIS OF ACTION: APPROVED for
six months from 2/10/84.
C/M Kravitz said the Finance Department has advised there is a
deficiency of 1-1/2 ERC's which is due to Marmon. He said this
project is fully metered by the City.
V/M Massaro said this has been brought to the attention of the
Harlon 4roup through Mr. Victor DeSousa. It had been overlooked
and they will send a remittance to Marmon Corporation for the
1-1/2 ERC's and it will be credited to the
City's account. She asked the City Manager to follow this
through to be sure it is done, and she would MOVE the renewal
of the model sales permit for six months as of February 10, 1984.
SECONDED by C/M Kravitz.
VOTE: ALL VOTED AYE
PRESENTATIONS AND AWARDS
4. Fort Lauderdale Symphony - Presentation of a proclamation
by Mayor Falck designating the month of February, 1984, as
"Fort Lauderdale Symphony Month".
SYNOPSIS OF ACTION: Proclamation
presented by Mayor Falck. In the
absence of a representative, the
Proclamation will be mailed.
Mayor Falck presented the proclamation to the Fort Lauderdale
Symphony, designating the month of February, 1984 as
"Fort Lauderdale Symphony Month". In the absence of a representative,
the Proclamation will be mailed.
BOARDS AND COMMITTEES
5. Board of Adjustment - Temp. Reso. #2991 - Discussion and
possible action to appoint a member to this Board.
SYNOPSIS OF ACTION: APPROVED RESOLUTION NO. R-84- PASSED
appointment of Mr. John C. Hamilton
as regular member, for a term to expire
on 7/16/86.
City Attorney Jon Henning read the Resolution by title.
V/M Massaro said as liaison to this Board, she would _MOVE to
nominate Mr. John C. Hamilton for the regular position on the
Board of Adjustment. She said this gentleman has graduated from
the University of Maryland and the London School of Architecture
in London, England, and has a Master's degree in Engineering
from Oxford University. The Vice Mayor said she feels he will
be an excellent addition to the Board of Adjustment. SECONDED
by C/M Kravitz;
Mayor Falck asked if there were other nominations and there were none.
C/M Stelzer asked whether Mr. Hamilton could come in as an
alternate first; and V/M Massaro said he could not as there
is nobody finer that Council could possibly appoint as his
credentials are so solid that it would be a big mistake not to
take advantage of his offer.
C/M Krantz said that Mr. Hamilton is almost overqualified.
-13- 1/25/84
/rb
Mayor Falck said this was reviewed with Mr. Rockwell, the
Chairman of the Board of Adjustment and he felt Mr. Hamilton
would be a very valuable addition to the Board.
vnmp•
ALL VOTED AYE
V/M Massaro MOVED to adopt Temp. Reso. #2991, naming
John C. Hamilton as a regular member of the Board of Adjustment
for a term expiring July 16, 1986. SECONDED by C/M Kravitz.
VOTE:
ALL VOTED AYE
V/M Massaro suggested Mr. Hamilton be notified immediately and
be given the necessary books that he will require to serve
effectively. Mayor Falck said the City Manager will take care
Of it.
CONSENT AGENDA
6. a) Minutes of 12/1/83 - Regular Meeting reconvened'from
11/23/83 - Approval recommended by City Clerk. _.
b) Minutes of 12/6/83 - Public Hearing on Proposed Charter
Amendments - Approval recommended by City Clerk.
c) Minutes of 12/6/83 - Reconvened Meeting - Approval re-
commended by City Clerk.
d) Minutes of 12/14/83 - Regular Meeting - Approval recommend-
ed by City Clerk.
e) Minutes of 12/22/83 - Public Hearing on Proposed Charter
Amendments - Approval recommended by City Clerk.
f) Alan F. Ruf - Consultant City Attorney - 1/20/84 -
$1,851.00 - Approval recommended by City Attorney.
g) Mitchell Ceasar - Grants Consultant - Retainer for December,
1983 - $1,250.00 - Approval recommended by City Manager
(tabled from 1/11/84).
h) Williams, Hatfield & Stoner, Inc. - Consulting Engineer -
12/23/83 - Project 1724-0, Statement 26 (Final) - $305.57 -
Approval recommended by City Engineer.
i) Williams, Hatfield & Stoner, Inc. - Consulting Engineer -
12/30/83 - Project 1710-15, Statement 3 - $1,074.50 -
Approval recommended by City Engineer.
j) Williams, Hatfield & Stoner, Inc. - 12/30/83 - Project
1710-0, Statement 42 - $608.00 - Approval recommended by
City Engineer.
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k) Williams, Hatfield & Stoner, Inc. - 12/30/83 - Project
1724-1, Statement 2 - $6,900.00 - Approval recommended by
City Engineer.
1) Williams, Hatfield & Stoner, Inc. - Consulting Engineer -
12/30/83 - Project 1113-0, Statement 87 - $510.50 -
Approval recommended by City Engineer.
m) Shailer, Purdy & Jolly - Counsel for contraband forfeitures
Services for December, 1983 - $107.94 - Approval recommended!
by City Attorney.
n) Miller & Meier & Associates - Municipal Facilities -
12/30/83 - Programming Phase - $5,668.80 - Approval re-
commended by City Attorney.
o) Muller, Mintz, Kornreich, Caldwell, Casey, Crosland &
Bramnick, P.A. — Labor Counsel - 1/6/84 - $263.92 - Approval
recommended by City Manager.
p) Authorization to expend $2,163.40 from the Drainage Improve-
ment Fund to purchase drainage pipes and connecting bands
for repairs to the area of Westwood Boulevard and Lime Bay
Boulevard.
q) Authorization to utilize the Recreation Building at Lake
Colony (Brookwood Gardens) for City recreation activities
for one year.
r) Disposal of Used Tires - Continuing authorization to sell
used City tires on a sole source basis to Lantana Tire at
75¢ each.
s) Woodview Tract 38 - Approval to extend the model sales
permit to the meeting of 2/22/84.
SYNOFIS_:1= ; Of ACTION: APPROVED Items .a) t.hrouuh
f), h) through o) and r). Items g) and p)
REMOVED and then APPROVED. Item q) Authorization
to City Attorney and City Manager to prepare
lease agreement and other documents necessary.
Item s) APPROVED to extend model sales permit
to the meeting of 2/22/84.
C/M Kravitz MOVED to approve Items a) through f), h) through o)
and r). SECONDED by V/M Massaro.
VOTE:
ALL VOTED AYE
Mayor Falck said with reference to Item p), late last Spring
the Vice Mayor had been working on drainage problems. He
said he had received inquiries about this matter and
during the month of May, V/M Massaro asked him to take it
up because of her workload. He said he reviewed the files
and discussed this matter with the City Engineer who rechecked
the problem and made several changes and indicated the work was
then completed. He said he was then contacted by the President
of Lime Bay who indicated the situation still existed. The
Mayor said he made additional contacts with the City Manager
and the City Engineer, after which the City Manager arranged
a walk-through with the people from Lime Bay —The Public Works Directc
Mr. Greg Turek went along and he had a number of suggestions to
offer. On December 23, 1983,Council requested that a detailed report
be developed by the City Engineer and the Public Works Director,
which was sent to the City Manager. He said he received a copy
of the report, along with the time table and other related information.
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Mayor Falck said a request is being made today for an
authorization to spend the sum of $2,163.40 to complete
the drainage improvements, if necessary, in this particular
area. The Mayor said he would recommend Council approve this.
He said he is concerned because of some of the comments that
come to him about this situation.
V/M Massaro asked if this is the area'.where the bus stop
is located; and City Manager Stuurmans; said it is.
V/M Massaro said she went to that area along with the City
Engineer and she felt the curbs should be removed as they
are contrary to Code. A valley gutter was to be put in
and she suggested the City Manager check into this with the
City Engineer to see that this is done. She said this
was done at Isles of Tamarac where there were similar
problems.
C/M Kravitz said he inspected the area with the City Engineer.
The work is necessary and
it was taken up with the Public Works Department. He said he
would MOVE the authorization to expend the $2,163.40 from the
Drainage Improvement Fund for the purchase of drainage pipes and
connecting bands for repairs to the area of Westwood Boulevard
and Lime Bay Boulevard. SECONDED by V/M Massaro.
VOTE: ALL VOTED AYE
City Attorney Henning said with regard to Item q), he would
advise that if Council wishes to approve this item, authorization
be given to him to prepare the appropriate lease agreement for
Coun6'1's approval. He said in order to accept the offer, a
lease will be required.
Mayor Falck said he agrees with Mr. Henning, and he would suggest
the City Attorney check with Judy Deutsch to make sure that
off --premises coverage is provided under the City's policy
to protect the City in the event something occurs at that location.
He said he is not sure whether the City has off --premises coverage
of that type.
V/M Massaro asked whether the City is using the building at
this time; and City Manager Stuurmans said the City is not using it.
The Vice Mayor asked whether there is a need for this since
the City is moving forward on a building at the park.
The Mayor said there are a number of groups that would utilize
the building; and the City Manager agreed.
V/M Massaro MOVED to authorize the City Attorney to proceed
with the necessary lease and whatever other documents are
necessary, after discussion with the City Manager. SECONDED
by C/M Krantz.
VOTE: ALL VOTED AYE
C/M Kravitz said with reference to Item s), -
he would advise that contribution charges were due
on Woodview Tract 38, on August 8, 1983 in the amount of
$122,782.50. There is past due interest in the amount of
$1,675.47, and guaranteed revenues due of $1,921.69; totalling
$126,379.66.
City Attorney Henning stated that this item is on the agenda
specifically to table it to the next meeting. He said he was
authorized at the last Council meeting to contact Harry Grossman,
who is the developer of this tract. He said he discussed the
matter with Mr. Grossman who , is aware of the debt and does not
deny it. However, Mr. Grossman is trying to seek alternate
financing and he hopes by the next Council meeting, he will be
in contact with a bank that will be able to supply part of the
financing. Another alternative Mr. Grossman is pursuing is the
possibility of selling the entire project outright as this is
a large obligation.
l C 9 /' c /n A
Mr. Henning further advised that Mr. Grossman said he
misunderstood the tabling and extension actions of the
last few meetings. He said on December 31, he closed down
his model, removed the furniture and is no longer operating
the model, even though if this passes today, Council would
grant a model sales extension through February 22, 1984.
Mayor Falck asked Mr. Henning whether he had discussed
the phasing proposal with Mr. Grossman; and Tyr. Henning
said he reminded Mr. Grossman again that the City would
be willing to discuss phasing with him.
The Mayor said it would be his suggestion to approve this
item, and extend the period of time to February 22, in
order to try to work this out with Mr. Grossman. Mayor Falck
said it is unfortunate that the model was closed down but
that is not a problem the Casty would be responsibl6 for
as Mr. Grossman was given cooperation by the City in all ways.
C/M Kravitz MOVED to approve the extension of the model sales
to the meeting of February 22, 1984. SECONDED by V/M Massaro.
VOTE:
PUBLIC HEARINGS
ALL VOTED AYE
24. Nancy B. Heikkinen - Special Exception Petition #23-Z-83 -
Temp. Reso. #2996 - Discussion and possible action ^to
grant a special exception to permit a day care center in
a B-1 (Neighborhood Business) zoning district on the east
side of NW 70 Avenue, south of McNab Road and south of the
existing two-story store/apartments building at the southeast
corner of this intersection.
SYNOPSIS OF ACTION: Public Hearing
Held. TABLED for input by City Attorney
on State and County requirements.
City Planner Dick Rubin stated that an application is before
Council today for a day care center to be constructed on .a parcel
of land south of McNab Road, east of 70 Avenue. He displayed
the conceptual site plan and explained that the applicant
presently runs and owns a day care center in Tamarac on the north
side of McNab Road on the Woodlands Methodist Church property
and would like to relocate the day care center to the site
under discussion.
Mr. Rubin said the applicant is a contract vendee who purchased
this property, and the application did not have the owner's
signature on it. He presented the owner's authorization to the
City Clerk, so that the application will be in proper form.
Mr. Rubin said the application includes the site plan, and while
reviewing the site plan, it was determined by staff there were
several other items required in order to make this property
suitable for the proposed use. One of those items is a variance,
which will be required in order for the playgroundsto be placed
at the north and south sides of the building. This is presently
not permitted by Code.
V/M Massaro said she feels the public hearing should be held,
but this item will have to be tabled and she will supply her
reasons after the public hearing. Mayor Falck said he would
agree with the Vice Mayor, especially as relates to the heed
for the variance.
The Vice Mayor said in addition to the variance, they are not
complying with State regulations.
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City Attorney Jon Henning read the Resolution by title.
The public hearing was opened.
Mr. Larry Kramer, architect for the proposed project, stated
that a request is being made for a Special Exception and a
variance for the south side yard setback. He said the
variance is required for the play yard at the south portion of
the project,, which is to be used by the children.
Mr. Kramer said the day school under discussion is presently
in the City of Tamarac and will be moved to this location.
He said the use being proposed for this site is a very light
use. The site will not be encumbered in any way in'
terms of building, parking or traffic. He stated the
building covers approximately 18% of the land area, which is
about as small a structure as to percentage of land area,
as there is anywhere in the City of Tamarac.
Mr. Kramer said the area designated as the play area for the
children, which meets the Code requirements of the State,
is open space, and is so zoned. The relationship of the
adjacent property to the building proper is as it would be
under any other condition.
Mr. Framer further stated that in terms of this site in comparison to
any residential site, this use as compared possibly to the use
of the corner, is much more desirable,and the day care center is
a perfect neighbor..
Ms. Nancy B. Heikkinen, the petitioner, stated that the
school is in its ninth year and there is a two --year waiting
list for children to enter the school. She said space is
needed for the children, as the school is presently sharing
space with the church and the church needs that additional
space at this time.
Ms. Heikkinen said as the owner of the day rare center; she
had selected this particular site because it is adjacent to
the present location. She said the site is not directly on
McNab Road because she did not want a high traffic area.
C/M Krantz asked how many children are in the school at the
present time; and Ms. Heikkinen said there are presently
70 children.
V/M Massaro asked how many children are anticipated to enter
the school; and PZiss Heikkinen said she is anticipating to
have 140 children, or possibly 150 and that will depend upon
the Health Department as they designate exactly how many
children can be accommodated at the school.
C/M Krantz asked if the County supervises this; and Ms. Heikkinen
said it does and that the Health Department makes inspections
three to four times a year.
C/PSI Stelzer asked if there would be a traffic problem in the
area since Johnvince is across the street and the church is
at 70 Street and McNab Road.
V/M Massaro said there would be a tremendous amount of traffic
at that location as the Shell property empties out at that
point, and there will be 200 units built there.
The public hearing was closed.
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V/M Massaro said there will be units built on Tract 15, which
is the Shell property. This project may materialize very shortly
as plans have already been presented to the City forthis
project, which will be behind Vanguard Village. The road to the
school will be the one used as there is an agreement not to use
Brookwood Boulevard for ingress -egress.
The Vice Mayor said the proposed school does not meet the City
Code. She explained that there are County and State regulations
referred to in the City Code relating to day care nurseries
and many of the chapters have been repealed or amended and there
are references to various State Statutes. She said she is certain
Tape others are in effect. The Tamarac Ordinance does not permit the
5 setback area to be used for outdoor space for children and
therefore, the school cannot use that area for a childrens' play
area. In addition, the City Code does not permit the setback
area to be calculated to arrive at the necessary area -to be used
for open space.
V/M Massaro said there is a conflict here, and the petitioner
Probably could go to the Board of Adjustment but it does not
appear this site is adequate for this type of facility. She
said she would not like to make a final judgment at this time,
but she feels it should be determined as to what the County
and State regulations are so this could be analyzed more carefully
before final action is taken. She said she would point out
that this is not a small facility as it would care for 150
children and there would have to be a seawall built.
Mr. Kramer said he is aware that a seawall must be built and
that is shown on the site plan.
The Vice Mayor said she feels this item should be tabled so that
Council can determine whether this meets County and State regulations.
She said in addition, the Tamarac Ordinance, which is an old
Ordinance, must be examined as it does apply to day care centers.
She said the City cannot conflict with the State and County.
Mayor Falck said in addition, Mr. Rubin referred to the requirement
for a variance.
Mr. Kramer said a variance has been requested on the side yard
setback, to be used as open space area for play; and that
is scheduled for next week.
Mr. Kramer said he can supply Council with the Ordinances of the
State of Florida; and the Vice Mayor said the City Attorney
will be researching the matter.
Mr. Kramer said he would.stress again that this use is less
intense than any other business use, particularly at the hours
people normally travel.
V/M Massaro mentioned that the City Code requires there be
adequate parking facilities as well as an area for cars to
maneuver in and out of the property during the peak hours
when children are being picked up and delivered. She said
according to the plan, in her opinion these facilities are not
adequate. She said she is not suggesting this be denied, but
is merely suggesting it be researched.
Mayor Falck said Council will require additional input on
the traffic situation as well.
V/M Massaro MOVED this item be TABLED and as soon as the
City Attorney is able to provide the necessary information,
that it come back to Council for consideration. SECONDED by
C/M Krantz.
VOTE; ALL VOTED AYE
_19- 1/25/84
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0
City Attorney Henning said he would direct Council to
Chapter 7 of the Broward County Code, which contains a
regulation on day care centers.
25. Proposed Charter Amendment -- Tea. Ord. #1083 -- Discussion
and possible action on a proposed amendment ^to the Charter
to provide for revenue and improvement bonds and lease
purchase agreements without a referendum. Second Reading.
SYNOPSIS OF ACTION: DENIED on
Second Reading.
City Attorney Jon.Henning read the Ordinance by title.
Mayor Falck opened the public hearing.
Mrs. Melanie Reynolds of the Charter Board said that the
Charter Board had been assured this Ordinance will be withdrawn.
She said this Ordinance is in opposition to one of the Charter
amendments and if it is to be withdrawn, it is not fair to the
people to have a public hearing without that knowledge.
Mr. Ray Munitz, resident, said there is no sense in discussing
this if the Ordinance will be withdrawn. He said in this
particular instance, he feels the Council should speak first
and the public after:thAt.
The Mayor said he would have no objection to reversing the
procedure but he does not know whether it can be done.
Mr. Henning said he would like to clarify a comment made by
Mrs. Reynolds. He said a statement was made that this is in
conflict with Charter amendments,and he would like to specify
the intent and the mechanics of this amendment. Ile explained
that it is true the proposed language states for example,
there is a 2--1/2% provision as opposed to the 1-1/2o provision
and this is either Question #10 or #11. However, the impact of
this amendment is to add.the language that is underlined
to these provisions in the Charter. He said if the existing
language which is not underlined, is amended by other proposals
of the referendum, then certainly that would take precedence. He
said this amendment would have the effect of adding the new
language, but will not have an effect on the 1--1/2% or 2-1/2%
that is contained in the proposed Charter amendment.
C/M Stelzer said when a wastewater facility was initially discussed,
it was contemplated to hold a special referendum some time in
late April or May. He said he was concerned because the City
had to meet a deadline in order to qualify for grant funds;
and he therefore proposed this amendment to appear on the March
ballot. He said if the amendment passed, it would permit the
City to file the necessary papers for the grant and to move
forward with the wastewater treatment facility without a further
referendum. C/M Stelzer said if the Charter amendment failed, the
City would halve had a chance to have a special referendum in May
for the completion of the sewage system and the issuance of bonds.
He said that was subsequently changed, and the Council is now
placing the Police Facility, the City Hall and the Wastewater
Treatment Facility on the March 13 ballot, with a request for bonds.
C/M Stelzer stated that the Council has indicated they are in
favor of the Wastewater Treatment Facility and the bonds.
Also, Mr. Stein of the Charter Board, has indicated the Charter
Board is in favor of a sewage treatment system and the issuance
of bonds. Mr. Ray Munitz, President of the Tamarac Presidents
Council, advised that the Board of Directors is in agreement
to establish a sewage system facility and the issuance of bonds.
C/M Stelzer said he has written to the Concerned Citizens
inquiring about their position on this matter. He said
representatives of the Concerned Citizens are present today
and he asked whether they approve of issuing bonds for a sewage system.
-20- 1/25/84
/__,-
The public hearing was opened.
Ms. Alice Norian of the Charter Board stated that the Charter
Board did not go on record of approving anything because the
Charter Board has no jurisdiction to make such decisions.
These decisions must be made by the Council. She said a vote
was taken at the Charter Board meeting last night and it was
unanimously passed that the Charter Board make no such statement.
Therefore, C/M Stelzer cannot say the Charter Board approves
anything as they are unable to approve a matter such as this one.
Ms. Norian said as a citizen, she strongly questions the right
of any political body in the government of the United States
of America, to provide for revenue improvement bonds or
lease purchase agreements to the extent indicated, without a
referendum. She said the people must be heard.
Mr. Sydney Stein, Chairman of the Charter Board, said he is
amazed to hear C/M Stelzer's statements. He said C/M Stelzer
has suggested a referendum item which would defeat the entire
purpose of a bond issue question. If a ballot contains a
Resolution which says something can be done whether the residents
vote for it or not, there is no purpose to asking the public
to vote on it. He said he has explained this to C/M Stelzer
who misunderstood. He said the Charter Board would go to
the public and do the missionary work and tell them what this is
all about, and that was the statement he made. Fie was not
speaking about an amendment which was not on the floor at that time.
Mr. Stein said he cannot speak for the Charter Board.
V/M Massaro read Mr. Stein's statement made at the last Council
meeting, as follows:
Sydney Stein, Sydney Stein, Mr. Mayor, and Members
of Council; the Charter Board has pledged its support
and will go to every Rec Hall.
Mr. Stein said his statement should not be taken out of context
as at that time Council was suggesting a booklet be prepared
explaining the Charter Amendments; and he said the
Charter Board would support that and would do the missionary
work. However, he said he was not referring to the Charter Amendment.
V/M Massaro said she is referring to the support of the referendum;
and Mr. Stein said he was speaking about the support of the
education of the people since that was being discussed at the moment
and he said he personally supports this issue but he could
not at that time speak for the Charter Board. Mr. Stein said
last night was the first time this subject came up at the
Charter Board meeting, and the Charter Board did not reject it
but rather felt it was not their place to tell the Council what
to do as that is not their function. Each Charter Board member
can do as they wish individually, and Mr. Stein said he would
personally support this and he feels C/M Stelzer should withdraw
the referendum amendment as it would defeat its purpose. He said
the public would be afraid of what would happen if they don't
pass the amendment as the Council would do it regardless.
Mr. Stein said everyone knows the wastewater treatment is
necessary but nobody wants to really spend-, the money. However,
it must be done and he mentioned to the City Engineer this morning
that if another treatment facility is found that is less costly,
nobody would object to it.
Mayor Falck said he would agree to that.
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Mr. Stein said a vehicle is needed to initiate this sytem,
and whether it be deep well or spray irrigation is not what
is under discussion. The City must have the opportunity
to obtain a Federal grant and Mr. Stein said he
will do all he can, and the Charter Board will explain this
to the public without endorsing it.
Mr. Bernie Hart, resident, said that he personally approves
an expenditure and a referendum for a type of sewage disposal
system. He said he is not firmly convinced of the type since
he has not seen any feasibility studies to anything to show
which system would be the best or which system would be wronc.
He said. as far as the amendment is concerned, he does not
feel it should hinge upon the approval or the
disapproval of the Concerned Citizens. He said the public
will be asked whether they want to approve a fifteen million
dollar referendum for a sewage system for the City;and if
they do not want to approve it, the City is telling them
there is another amendment which states that the City can do
it without approval of the public.
Mr. Hart said he feels this amendment should be withdrawn
so that the question can be put to the public on whether they
want to spend the money on a sewage disposal system.
Mrs. Vickie Beech, Chairman of the Legislative Division of the
Concerned Citizens, stated that at the time this amendment
was presented in the past, she had read a statement into the
record objecting to the amendment because of the vagueness of
the form at that particular time, and specifically that it
took the right of referendum away from the people. She said
she will go on record as stating that the Concerned Citizens
are holding firmly to past opinions that they object to the
lack of the voters' opportunity to vote on this issue.
C/M Stelzer said he is waiting for an answer to his question.
He said he had asked what the Concerned Citizens' stand was
on the issuance of bonds for the establishment of a wastewater
system.
Mrs. Beech thanked C/M Stelzer for appearing :before the Board
of the Concerned Citizens last evening. She said after
C/M Stelzer's presentation, there was a discussion and the Board
voted on the following statement to be read into the record:
The Board of Directors of the Concerned Citizens
approve of the concept of a wastewater sewage dis-
posal system, subject to proper assurance of a
federal grant. Concerned Citizens are aware of a
need for a disposal system, but it is impossible to
give response on this system because we do not have
any data on this system. Therefore, it is impossible
to formulate an informed, intelligent decision at this
time. This decision is based on the limited informa-
tion given to us by Mr. Jack Stelzer last evening".
The Public Hearing was closed.
C/M Stelzer said he is now aware that the Concerned Citizens are
in favor of a bond issue and in favor of a wastewater system,
but they want a guarantee of a grant. C/M Stelzer said it is
impossible to guarantee a grant will be forthcoming. However,
the City has been assured by technical advisors, who are the City's
engineers, that such a grant is available.
C/M Stelzer stated that there are three Councilmembers, two or three
people on the Charter Board and two people on the Presidents Council
who are all candidates; and he is sure with these candidates being
in favor of a wastewater treatment system and the issuance of
bonds, there will be extensive publication in their campaign
speeeches. He said he feels since they will push to put in a
wastewater treatment system and the issuance and bonds, the
Charter amendment will be unnecessary.
-22- 1/25/84
/,-h
C/M Stelzer said the City has received public endorsements
from quite a few individuals that they are in favor of
putting in a wastewater system and the issuance of bonds.
Since they will campaign for these particular issues,
C/M Stelzer said he will withdraw the amendment and would
MOVE that Temp. Ord. #1083 be DENIED on Second Reading.
SECONDED by V/M Massaro.
Mr. Bernie Hart stated that grants were mentioned and
that the Concerned Citizens' approval was subject to grants.
He said last night Mr. Stelzer made a statement that the
City is guaranteed 550 of the money and possibly 75%.
C/M Stelzer was then asked who was giving this assurance
and guarantee; and his answer was that he does not know
and the question should be asked tomorrow of Mr. Henning.
Mayor Falck said that wastewater grants are available through
the State, but he will not discuss the grant today as it is not
on the agenda. He said he would be happy to discuss it at the
appropriate time but it will not be in connection with this item.
VOTE:. ALL VOTED AYE
26. Swales - Temp. Ord. #1086 - Discussion and possible action
to amend Ordinance 83-37 and Chapter 23 of the Code regarding
placement of certain objects within this area. Second
Reading.
SYNOPSIS OF ACTION: Public Hearing
held. TABLED for City Attorney to
return to Council with Ordinance in
proper form.
City Attorney Jon Henning read the Ordinance by title and said
Council has a copy of the draft of the Ordinance which is the
same as discussed at the last meeting. He said there is also
attached, a copy of the first two pages of the Code where
this is located in Chapter 23, Subsection C, Prohibitive Placements.
Mr. Henning said there has been some confusion and for that
reason the copy of the page from the Code book was included
with the backup. He said to get the full pictures Council
should read the entire chapter on streets and sidewalks
since thereare some restrictions in Chapter 23-2 a), b), c) and d)
but there are also seven exceptions in each. He said there was
discussion about mailboxes and the bottom line is that if the
Post Office requires a mailbox to be in the right--of-way, the
City acknowledges that and allows it. If for any reason, the
Post Office does not require it, either because it was
grandfathered in or a restriction does not provide for that,
or whatever the case may be, the City does not want the mailbox
in the right -of --way as the Code prohibits them unless they are
required by the Post Office.
Mr. Henning said there was a request at the last Council meeting
that he address Spanish Bayonets, Crown Thorns and various other
poisonous or sharp plants. He said he started to prepare a
draft correcting that or adding to it, but when he referred to
the existing Code, he found on Line 23 of the Ordinance, the
prohibitions are, among other things, concrete blacks. coral rock,
pyramid shaped cement curbstones or any other sharp edge or pointed
organic or non -organic or poisonous material, which could cause a
road or traffic hazard or injury to pedestrians. Mr. Henning said
this would apply to cars, trucks, bicycles, pedestrians, etc.
The City Attorney said he feels as far as the slants are concerned,
since the Ordinance talks about sharp edge organic and non -organic,
the existing language covers this.
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Mr. Henning said he also has a note on the bus benches,
which is really not subject to this Ordinance because it
is outside the section and would require an additibrral
amendment. He said if Council would like him to do that
at some future time, it would be Exception #8 of the Code.
V/M Massaro said this Ordinance is not in proper form.for Council
action, and it should return to Council after the public
hearing.
Mr. Henning said bus benches cannot be mentioned in this
Ordinance as it is a different section and a different title.
City Manager Stuuzmans asked whether the City will prohibit
bus benches from being in the swales; and Mr. Henning said
he thought Council wanted that to be an exception and as
mentioned, it would be Exception #8 in the Code.
Mayor Falck said it is his suggestion the public hearing be
held as any input would be helpful to Council. He said he
would also suggest Council table the item, with a specific
request to the City Attorney that it be reworked, after
which Council could more objectively consider it.
The public hearing was opened.
Mr. Bernie Hart, resident, stated he feels the Ordinance is
good but he would like to know if there is a penalty for
violation, if this Ordinance is passed. He said there is
no mention in the Ordinance of enforcement and it is useless
to pass it without enforcing it.
City Attorney Henning said a violation of this Section would be
a violation of the City Code, and there is a standard penalty
provision in the City Code for a $500.00 maximum fine, and
possibly a jail penalty. He said if Council wishes to eliminate
the jail provision, that can be done.
Mr. Henning said there has been a lot of discussion on how this
will be enforced. He explained that Council can have an effective
date further ahead than today as the Ordinance does not have to
become effective upon passage. In that way, the public could
be made aware and possibly make some changes on their homes,
yards, etc. and Council can give them thirty or sixty days,
or whatever Council desires to be an effective date. fie said
as far as what is called prosecutorial, discretion, that would
be up to the Police Department and the Courts, and if necessary,
even the State Attorney's office if they become involved.
The City Attorney said Police Officers can give warnings and
citations, but he does not know whether it would be appropriate
to say a warning must be given for the first offense as he
feels it might hamper the operation of the Police Department.
Ile said if Council wishes a public awareness campaign,
somebody should be given a month or two to get the word out
as far as the effective date is concerned. Ile said if Council
would like him to write out the jail term, he can do that.
V/M Massaro said the City has an Ordinance which really does
what the City wants it to do, and that is to get rid of the
the pointed objects such as the pyramids. She said the Code
Enforcement Officer can enforce that at this time and she
would suggest the public hearing be held and the item be
tabled for the City Attorney to bring back the Ordinance in
proper form.
Ms. Alice Norian, resident, said that when an Ordinance such as
this is passed, if it cannot be fully enforced, she would question
the prudence of having it. She said it might be wiser to have
publicity through the PIC or other means, to inform the residents
.regarding. the .hazards with which they would be faced.
0s. Norian said she feels there are other ways of accomplishing
the end result that Council anticipates with this Ordinance.
1/25/84
Ms. Norian said if the City has an Ordinance, serious thought
must be given to its enforcement before it is passed.
Mr. Irving Lopatey, resident, said he would like some
clarification as to the depth of the right--of--way; and Mr.
Henning said basically the Ordinance speaks of ten feet from
the pavement or the area from the pavement ten feet into the
property.
The public hearing was closed.
V/M Massaro MOVED that Temp. Ord. #1086 be tabled for the City
Attorney to bring it back in proper form. She said the penalties
are outlined in the Code and Council does not have to be
concerned about that. SECONDED by C/M Krantz.
VOTE: ALL VOTED AYE
27. Lakes of Carriage Hills, Inc. - Rezoning Petition #3-Z-82 --
Temp. Ord. #1081 - Discussion and possible action to rezone
lands at the northeast corner of Rock Island Road and Sabal
Palm Boulevard East, extending north toward Bailey Road
approximately 155--feet and eastward approximately 435-feet,
from S-1 (Open Space/Recreational) to B-1 (Neighborhood
Business). Second Reading.
a) Acceptance of Affidavit of Publication and Affidavit of
Posting.
b) Consideration of application.
SYNOPSIS OF ACTION: a) ACCEPTED
Affidavits of Publication and Posting.
b) TABLED to reconvened meeting of
1/30/84.
C/M Krantz MOVED to accept the Affidavits of Publication and
Posting. SECONDED by C/M Kravitz.
VOTE:
ALL VOTED AYE
b) City Attorney Jon Henning read the Ordinance by title.
The public hearing was opened.
Mr. Glen. Smith, attorney for Lakes of Carriage Hills, Inc.,
said that Items 27 and 29 on today's agenda are related and
he would request they be heard together.
Mr. Smith said with regard to the rezoning, he has prepared
a Declaration of Protective Covenants and Restrictions, and
this relates to both of the items mentioned.
The public hearing was closed.
V/M Massaro MOVED that this item be tabled to the reconvened
meeting of Monday, inasmuch as the agreement has not been
finalized in its complete form. She explained that the
agreement is close to completion but at a Board of Directors
meeting held at Sabal Palm last night, it was stated that
the applicant has some problems. She said this needs further
discussion but before action is taken, everything should be
resolved. SECONDED by C/M Kravitz.
City Attorney Henning said Mr. Smith has provided a letter
to him dated January 20, received today, regarding the fees
and it will be distributed to Council, to be discussed on
Monday.
►IFA➢0F
ALL VOTED AYE
-25- 1/25/84
/rb
C/M Kravitz said he has not yet read Mr. Smith's letter which
was just distributed, but he has a notation that there is a
balance due of $5,227.25. He said he does not know whether the
letter refers to that amount; and Mr. Henning said it does not.
Mr. Henning said he had mentioned at an earlier meeting that
there will be a takedown at the end of February
involving many thousands of dollars. He said he informed Mr.
Smith that Council will be addressing the water and sewer agreement.
V/14 Massaro said the $5,227.25 represents guaranteed revenues
which are due at this time.
Mayor Falck said this will be discussed on Monday at 10:00 A.M.
Tape 28. Bonaire Associates, Ltd. - Rezoning Petition #21-Z-83 -
6 Temp. Ord. 41082 - Discussion and possible action to rezone
Recreation Area #2 for Westwoods of Bonaire situated on the
east side of NW 80 Avenue, between. NW 78 Street and NW 75 Street,
.from R-3U (Low Density Multiple Dwellings) to S-1 (Open Space/
Recreational). Second Reading.
a) Acceptance of Affidavit of Publication and Affidavit of
Posting.
b) Consideration of application.
SYNOPSIS OF ACTION: a) Affidavits ACCEPTED. ORDINANCE NO. 0-84- 67" PASSED
b) Public Hearing held. APPROVED on Second
Reading.
a) C/r7 Kravitz MOVED to accept the Affidavits of Publication and
Posting. SECONDED by V/M Massaro.
VOTE:
ALL VOTED AYE
b) City Attorney Jon Henning read the Ordinance by title.
The public hearing was opened and closed.
V/M Massaro MOVED the adoption of Petition #21-2-83, Temp. Ord. #1082,
approving the rezoning of the parcel to S-1 Open Space/Recreational,
on Second Reading. SECONDED by C/M Kravitz.
VOTE: ALL VOTED AYE
COMMUNITY DEVELOPME14T
29. Lakes of Carri�age Hills - Discussion and possible action on:
a) Revised` site plan for the model sales area to reflect a
temporary drive at Sabal Palm Boulevard East and sidewalks -
Temp. R_eso. #2999.
b) Declaration of Protective Covenants and Restrictions -
Temp. Reso. #,3997 (tabled from 12/28/83)
c) Sidewalk Easement - Temp. Reso. #2998.
d) Renewal of a model sales permit for a facility located at
6180 Rock Island Road (tabled from 12/28/83).
SYNOPSIS OF ACTION: a), b), c) and d)
TABLED to reconvened meeting of Monday,
1/30/84.
VAI Massaro said there are problems that must be resolved relating
to Parcel F, which is the triangular portion of the property, and
she would MOVE this item be tabled to the Monday meeting. SECONDED
by C/M Kravitz.
VOTE: ALL VOTED AYE
--26- 1/25/84
/rb
30. Southgate Gardens East/Mission Lakes - Discussion and
possible action on payments in connection with the Water
and Sewer Developers Agreement (tabled from 1/11/84).
SYNOPSIS OF ACTION: TABLED to
second meeting in March.
C/M Kravitz said there is a balance due of $8,943.27 for
guaranteed revenues which are past due.
City Attorney Jon Kenning stated that this item was placed on
today's agenda so that Council can discuss the matter. He
said a letter was received yesterday from Mr. Toll referring
to Items #30 and #31.
Mr. Henning said there have been lengthy discussions with
Mr. Toll regarding Woodmont Tract 68 and Southgate Gardens/
Mission Lakes. Fie said as far as Southgate Gardens/Mission
,.Lakes is concerned, there was a problem with a warranty
bond, which has been extended and the matter has been resolved.
He said as far as the Water and Sewer Developers. Agreement is
concerned, Mr. Toll's letter which was dated January 25, 1984,
has an attachment to it which is the first page of the
Finance memo that C/M Kravitz referred to earlier.
Mr. Henning said some of the contribution charges that will
become due in June, have been refigured as the two-thirds
factor has caused some confusion. The revised figure is
approximately two-thirds of the $152,000,OO that the
Finance Department has refigured. He said the exact figure
is $104,040.00.
The City Attorney said Mr. Toll's letter addressed to him, says
there is an acknowledgment of the figures, and he
read Mr. Toll's letter into the record, as follows:
"I am writing to acknowledge that Toll Development
Corp. has a Water and Sewer Agreement with the City
of Tamarac, that pursuant to that Agreement, certain
charges are overdue and other interest charges are
accruing, although not due at this time. The
January 23, 1984 memo from Linda Baker, Deputy
Finance Director,on Items #31 and #32, as attached,
accurately reflects these charges. Toll Development
Corp. is unable to make these payments at this time
and is negotiating for bank financing. As soon as
the financing is arranged, Toll Development Corp.
will bring its accounts up to date and make the
necessary payments. Please convey to the Mayor and Council -
members that I need whatever extension they see fit to
grant me. I do not dispute the charges but they cannot
be paid at this time".
Mr. Henning said Council is aware that there is bank
financing in the process of negotiation. He said most of
the items are accruing at an interest rate of 14% on behalf of
the City and Council would have three alternatives in this
matter. Number one would be the money could be paid, and that
alternative does not seem to be a likely one. The second
alternative is to allow the interest to accrue and for the
Council to consider an extension for a period of time, which
could be discussed. He mentioned that this interest rate is
not a problem to the City. Mr. Henning said the third
alternative would be to cancel the Water and Sewer Agreement
and cancel the site plan which would also have the effect of
caving in the Condominium Association. He said Mr. Toll
informed him that the condominium documents are predicated upon
certain unit numbers and plans, and if the site plan is
cancelled or voided, the specifics of the Condominium Association
are no longer valid and the site plan would have to be
resubmitted to the Planning Commission for approval. Fie said
-27- 1/25/84
/rb
in addition, Water and Sewer Agreements would have to be
resubmitted when the financing is received. The rates would not
change in the near future, although conceivably a year from
now they could change. Mr. Henning said the bottom line is
that he does not know how much time Mr. Toll expects or
needs, but he does know that a letter received by the
City a few weeksago talked about sixty or ninety days.
Mr. Toll said he just left Coral Gables Federal, and he
feels that within sixty days, there will be a closing
on Southgate Gardens/Mission Lakes.
Mayor Falck said that the City is receiving the interest
and he would suggest the extension be granted. He said
in the past Mr. Toll has made payments on these items
and he feels there is no sense in not granting the extension
as nothing would be accomplished by it.
V/M Massaro said the City always tries to work things out with
the developers as these are difficult times, and she
would MOVE to table this item to the second meeting in March.
SECONDED, by C/M Krantz.
The City Attorney asked how many residents are living in
Cypress III at this point; and Mr. Toll said there are 136
in the first section and 66 left to build, and about 80
apartments are occupied.
The Vice Mayor asked Mr. Toil whether there is anything
under construction there; and Mr. Toll said there is not,
and he cannot proceed with construction until the payments
are made and he has some pre -sales.
VOTE:
ALL VOTED AYE
31. Woodmont Tract 68/77 -- C ress at Woodmont - Discussion
and possible action on:
a) Calling of a warranty bond posted for public
improvements - Temp. Reso. #2986.
b) Conditions regarding approval of model sales permit
renewal on 11/9/83 (tabled from 1/11/84).
SYNOPSIS OF ACTION: a) and b)
See Page 29.
a) C/M Kravitz said there is a past due balance of $6,444.90
for guaranteed revenues.
Mr. Eugene Toll stated that the First National Bank of Chicago
had extended this bond; and City Attorney Henning said he thinks that:
is correct. City Manager Stuurmans said she will check this and
advise Council of her findings.
41. Tamarac Gardens - Warranty Bonds_
b) Disposition of a warranty bond posted for sidewalks by
Temp. Reso. #3004.
SYNOPSIS OF ACTI014: REMOVED on Page l,and then
Agendized by Consent . (See also Page 33).
V/M Massaro said this item was removed from the agenda this
morning in error and should be heard.
C/M Kravitz MOVED this item be Agendized3. hu, Consent for
reconsideration. SECONDED by C/M Krantz.
VnTF. -
ALL VOTED AYE
-28- 1/25/84 i
/rh
31. Woodmont Tract 68/77 - Cypress at Woodmont - Discussion
and possible action on -
a) Calling of a warranty bond posted for public improve-
ments - Temp. Reso. #2986.
b) Conditions regarding approval of model sales permit
renewal on 11/9/83 (tabled from 1/11/84).
SYNOPSIS OF ACTION: a) TABLED to
reconvened meeting of Monday, 1/30/84.
b) TABLED to second meeting in March.
(See also paste 28) .
a) City Manager Stuurmans said the Engineering Department has
received a letter from Steve Epple indicating the bank was
extending the bond and that it should reach the City either
yesterday or today. She said at this time the Engineering
Department does not have it.
V/M Massaro MOVED to table this item to the reconvened meeting
of Monday, January 30, 1984. SECONDED by C/M Kravitz.
VOTE: ALL VOTED AYE
b) City Attorney Henning said the letter he read to Council
relating to Item #30 also applies to this item. He said the
$65,000.00 figure has been revised by the Finance Department
to be $43,689.36, which will be due in June. Fie said the
interest is accumulating based upon a special agreement that
Mr. Toll entered into with the City regarding a takedown
schedule aid his building permits; and since he is not
taking any building permits, there is no interest due at
the present time.
Mr. Henning said the guaranteed revenues amount to $6,400.00.
which is outstanding.
V/M Massaro MOVED that this item be tabled to. .the second
meeting in March.
VOTE:
ALL VOTED AYE
32. Patio Homes at Fairmont - Model Sales Facility - Discussion and
possible action to renew a model sales permit (tabled from 12/l/83).
SYNOPSIS OF ACTION: APPROVED beginning
8/15/83 for six months to 2/15/84.
V/M Massaro said this permit expired on August 15, 1983 and she
would MOVE the approval of the renewal of the model sales permit
for a six month period beginning August 15, 1983, to February__15,
1984. ..SECONDED by C/M Kravitz.
VOTE: ALL VOTED AYE
GENERAL ADMINISTRATIVE/FINANCIAL
12. Aquatic Plant Control. Funds - Temp. Reso. #2992 - Discussion
and possible action to amend prior resolutions designating
the officials responsible for administering this program
for Fiscal Year 1983/84.
SYNOPSIS OF ACTION: APPROVED, naming RESOLUTION NO. R-84--o2v2 PASSED
Daniel Saale as Financial Officer.
City Manager, Laura Stuurmans read the Resolution by title.
Mrs. Stuurmans stated that this Resolution
the City is losing the services of Stephen
Mr. Gould is being replaced by Mr. Daniel
in the Finance Department responsible for
ment of this project.
is required because
Gould; and
Saale as the person
the recording require-
-29- 1/25/84
C/M Kravitz MOVED the adoption of Temp. Reso. #2992, amending
the prior Pesolution, designating the officials responsible
for administering this program for the Fiscal Year 1983/84.
SECONDED by C/M Krantz.
VOTE:
ALL VOTED AYE
10. Utilities West - Master Plan for Sewage Pumping Station and
Force Mains - Discussion and possible action on:
a) Approval of payment in the amount of $13,265.26 for work
performed to date.
b) Authorization to expend an additional amount not to
exceed $10,000.00 to complete this project.
SYNOPSIS OF ACTION: a) and b) APPROVED.
City Engineer Larry Keating said with regard to the master plan
for the pumping station and force mains, his memorandum of January
21, 1983 essentially described what happened to date and his
recommendations for the future.
Mr. Keating said back in 1980, the City began to evaluate all
the new projects that were being site planned, to determine
whether the existing facilities were adequate to support those
projects or define what improvements needed to be put in to serve
the projects. He said the City instituted a $500.00 fee for that
evaluation. Mr. Keating said at about that time, the consultants
put together two -separate computer analyses which comprised a
report of two separate sections of the City pumping stations and
force mains.
Mr. Keating said when he received the bills for that work, he
did not see any specific authorization for the payment
and he suggested it be formalized so the bills could be paid.
However, that was never done, and that portion of the work
has been completed but no payment made for it. He said back at
that time, he had a few qualifications of the work that had been
done on which he would have preferred a different format; but
more specifically he felt the report should be in one document
and include all of the system rather than a portion of the system,
and it should also include the projected wastewater coming in
from Land Section 7, as well as the projected wastewater which
will have to be changed from going to the plant, to going to the
County's pumping station behind Grants Plaza.
Mr. Keating said as indicated in his memo of January 12th of this
year, there was a meeting in the Mayor's office and the City Manager
was in attendance. This situation was discussed and he felt what
was needed _was a complete report and he requested the consultants
give the City a proposal to complete the plan. He said there
is now a request before Council, to authorize payment of
$13,265.26 for work which _had been completed back in 1980/1981
and an additional $10,000.00 for the effort which will now be
required to bring the report into one document to include all
of the pumping stations in the system and to include the
projected flows coming from Land Section 7. Mr. Keating said
this will be available in one planning document that will be
able to be used by both the Engineering Department and
the pump station people out in the field. The report will
define the ultimate improvements the City needs to make.
C:/M Kravitz said since the work for $13,265.26 was completed
in 1980/1981, he is wondering why payment was not made; and
Mr. Keating said payment was not made because basically there
was a conflict of opinion. He did not authorize payment because
Council did not authorize the work; and they said it was
brought up, but other things were being worked on and it
was overlooked.
V/M Massaro said possibly this occured at the time the City
had problems with the County regarding the 201 Plan. She said
the City was so involved at that time that this was not taken
care of.
-30- 1/25/84
Mayor Falck said it did occur during the period of time mentioned
by the Vice Mayor, in addition to which the work had to be
done at that particular time so if the changes the County
was suggesting needed to be implemented, at least the City would
be on the right track.
V/M Massaro said that also, at that time the City hired some
experts to support the theory that the City did not
feel it would be to the best interest of the residents to go
with the 201 Program. The City was able to foresee that the
residents would be hit with tremendous costs for utilities
and water. At that time, Williams, Hatfield & Stoner felt
they needed this work done in order to supply the experts
with the information essential to them.
Mayor Falck said that is basically true, but the work was done
and the payment should be authorized.
V/M Massaro said it is her understanding that Mr. Keating
would like to expand the work further to provide a complete
Picture; and Mr. Keating said that is correct.
C/M Kravitz said he knows the work was done, but he never
saw a liability for it in the audit report and he is wondering
why if in 1980, the City had that liability and now -an -additional
report is being discussed, it was not shown as either a
contingent or a regular liability on the audit report.
V/M Massaro said she is wondering if Mr. Keating ever moved that
bill forward; and Mr. Keating said he did not as he felt there
was never a formal contract to do the work. That would explain
why a liability was not listed in the audit report.
The Mayor said the bill was not received by the City until about
a year ago.
V/M Massaro MOVED the approval of the payment in view of the fact
that the City Engineer has indicated the work has been performed
and was a necessary part of the information needed by the City
for the 201 Program. The amount of the invoice is $13,265.26,
and payment is to the consulting engineers, Williams, Hatfield
& Stoner. SECONDED by C/M Kravitz.
VOTE:
ALL VOTED AYE
b) C/M Kravitz said the project must be completed and he would MOVE
to expend an amount not to exceed $10,000.00 to complete this project.
SECONDED by V/M Massaro.
VOTE:
ALL VOTED AYE
City Manager Stuurmans stated that the City Engineer will provide
Council with a report at this time on the dome and air scrubber unit.
She said...at the end of December, Council authorized staff to solicit
bids on the dome and air scrubber for the utility plant and those
bids came in on Friday, and Mr. Keating will inform Council of
the . results.
Mr.. Larry Keating, City Engineer, stated bids were received last Friday
for the odor abatement program. He said prior to receiving the
bids, he was contacted by one of the carbon suppliers, Calgon Corp..,
and their representative indicated that the cost for those
facilities were greatly exceeding the estimates previously given
to the City. When the project was presented to Council, it was
indicated the approximate budget for the project cost would be
in the area of $175,000.00.
Mr. Keating said on Friday, two bids were received. One of those
was $366,000.00 and the other was $259,000.00 plus. He said
he was informed by the City Manager that both these bids
exceeded the City's expenditure limits according to the Charter.
-31- 1/25/84
/rb
The City Engineer said the City contracted with a testing
laboratory to come into the plant. They were in this week
and they will be taking more accurate measurements of the
sulfide levels at the plant to determine whether the
odor scrubbing equipment associated with the dome could be
scaled down. He said he also contacted an engineering firm
in Massachussetts with whom he became familiar while attending
a seminar in Orlando; and they were proposing a compost
biofilter which has a lot of benefits to it. Mr. Keating
said the cost of that system would be about $65,000.00.
With that figure, plus the cost of the dome, it would
amount to what was originally estimated fora total project
cost in the amount of $175,000.00.
The City Engineer said the best thing about the compost
biofilter as opposed to the charcoal filter: is that charcoal
is very expensive. It has a limited lifetime and it has to
be replaced. The facility being discussed would require
an excess of 20,000 pounds of charcoal at $1.50 per pound.
Therefore, $30,000.00 worth of charcoal would be needed when
it has to be replaced. -In addition, it has to be regenerated
and every once in awhile, there would be regeneration costs
in the thousands of dollars. If the City goes with the compost
program, the initial compost cost is nil. Beyond that the City
is planning to develop its own composting facility with the
wastewater treatment project; and therefore, the filter media
would be generated in-house and there would be no cost for it.
Mr. Keating said he is hoping to have that proposal next week
and then get separate bids for the dome alone, and return to
Council with a recommendation.
Mr. Keating said that basically, this is an ongoing evaluation,
and staff is researching every alternate that can be identified
in an attempt to determine its effectiveness, its cost and its
applicabability for use by the City.
Tape Mrs. Stuurmans said this report was not given for Council action today.
7 However, the City is aware that members.of the public are
interested and appeared here from Edgewater and Concord Village
previously, and staff wanted to make this information known to
the residents at this time. She said Mr. Keating will have
additional information and if that is available by the end
of next week, perhaps a special meeting could be held. If not,
there will be a follow-up at the February 8th Council meeting.
V/M Massaro asked whether spray irrigation can be used in sections
where there are no canals to spray the lawns but adjacent golf
courses will be sprayed.
Mr. Keating said it is possible to accomplish that. A lot would
depend upon how the system develops, whether it is a constant
pressure system that the City will institute or whether there will
Only be pumping into the golf course pond. If the pumping is done,
it would most likely be done only in the evening, in which case
if it were still technically possibly to do what the Vice Mayor
is suggesting, anybody who wanted to utilize the effluent, would
have to do so during the evening hours.
V/M Massaro said she does not think that would be a problem.
She said this question was raised at one of the section meetings
and she informed the people she would obtain the information from
the City Engineer and that they could talk with Mr. Keating at the
appropriate time.
Mr. Keating said it would also have to be determined whether the
regulatory requirements would permit this. The Vice Mayor said if so,
several sections would be interested.
Mr. Keating said all the questions cannot be answered until the
design of the spray irrigation system is well on its way to
completion.
�7_ l /')r, IPA
COMMUNITY DEVELOPMENT
41. Tamarac Gardens -- Warrant Bonds - Discussion and. possible action o:
b) Disposition of a warranty bond posted for sidewalks by
Temp. Reso. #3004.
SYNOPSIS OF ACTION: Agendized by
Consent on Page 28. APPROVED. If
remedial repairs have not been com-
pleted or an extension provided by
2/l/84, the bond is to be called.
RESOLUTION NO. R-84-_/_^PASSED
City Attorney Jon Henning read the Resolution by title.
V/M Massaro MOVED to adopt Temp. Reso. #3004, which calls for
either the remedial repairs to be completed by February 1, 1984,
or the bond must be extended by that date.
Mr. Marty Reifs, representing the developer, said the work should
be completed by February 1; otherwise an extension will be provided.
SECONDED by C/M Kravitz.
VOTE: ALL VOTED AYE
GENERAL ADMINISTRATIVE/FINANCIAL
11. Florida Municipal Health Trust Cost Increase - Discussion and
possible action on:
a) Acceptance of new rates submitted by FMHT
b) Acceptance of employees January, 1984, insurance premiums
in two pay periods (1/27/84 and 2/10/84).
SYNOPSIS OF ACTION: APPROVED a) and b)
a) City Manager Stuurmans said Council has received a memorandum
from Larry Perretti, which sets forth the amount of the rate
increase and the effect upon both the City and the employees who
participate to the extent of their dependent insurance coverage.
She said the amount the City provides toward dependent coverage
is remaining status quo for general employees, is split 50/50
with the Police Department, and the City picks up 250 of the cost
for the Fire Department. She explained that Police and Fire differ
because of their union contracts.
Mrs. Stuurmans said the memo Council received has attached to it,
a circular which has been gone over with the employees by the
Personnel Office, and there is one attachment for each group of
employees. She said at this time, an acceptance is required from
Council of the new rates which were submitted by the Florida
Municipal Health Trust.
City Manager. Stuurmans said the b) portion of this item is for Council
to permit the January premium cost to be taken from the
current payroll period and the next payroll period, rather than
hitting the employees at one time for it.
Mayor Falck said he feels the City does not have much choice
at this time in the, matter. He said the experience of the Trust
as of the end of December had improved considerably over what it
was at the end of September. He said he feels the City is headed
in the right direction. This plan is scheduled not to be reviewed
prior to June 30, 1984 and hopefully, at that time, the City
of Tamarac and other municipalities, can be assured that the
rate beginning in October of next year will be a fixed rate for
a period of a year so that proper budgeting can take place.
He said he does not know where else this coverage can be obtained
and if the coverage is lost, it is almost impossible to hire
employees because the first thing the employees are looking for
is medical coverage. He said he knows this is a big bite, but
he has no other recommendation for Council to consider.
City Manager Stuurmans said staff has made inquiries in the
private sector, and based upon some brief information on current
premiums, this is the best that can be offered at this time.
She said the Mayor, the Personnel Director and her office
are pursuing a cost containment program and possibly the design
of the City's plan will have to be reconsidered in the future.
She said these are avenues that staff will be pursuing.
U/M Kravitz said he has taken the liberty of checking
rates with various agents and found that all rates
throughout the country have been increased. lie said the
City does not have much choice and he would go along with
staff and MOVE at this time to accept the new rates submitted
by Florida Municipal Health Trust. SECONDED by V/M Massaro.
VOTE: ALL VOTED AYE
b) V/M Massaro MOVED the acceptance of employees January, 1984
insurance premiums to be paid in two pay periods (1/27/84
and 2/10/84). SECONDED by C/M Kravitz.
VOTE:
ALL VOTED AYE
Mayor Falck asked the City Manager to request the Personnel
Department to provide him with a report on the coverage
requested by the various employees.
14. Dr. Cesar Alegre -- Discussion and possible action on a request
for refund of an occupational license fee for a professional
association.
SYNOPSIS OF ACTION: APPROVED
refund.
City Manager Laura Stuurmans stated that the City received a
letter from the attorney representing Dr. Alegre. He had
initiated his application and paid a license fee this year
predicated on a decision lie had made at the time to be registered
as a professional association. She said after payment of the
fee and upon consultation with his attorney, Dr. Alegre elected
not to be licensed as a professional association and instead,
be licensed as an individual; and he is asking for a refund of
the excess fee paid in the amount of $140.00.
V/M Massaro asked for clarification as to the difference in fees;
and MarilynBertholf, City Clerk, explained that there are two
licenses. One is for the professional as an individual and one
for the corporation, which is the professional association.
Dr. Alegre's practice as a medical doctor is in existence, for
which he has paid the fee. She said apparently his accountant
has advised him not to incorporate as a professional association,
for which he had already paid the fee and received the license;
and he is now requesting a refund of the professional association
license fee.
The City Attorney stated that a professional association is a
form of corporation and the Florida Statutes say a corporation
is a separate person who can own property, be sued, and have expenses
as it is an entity. Therefore, as a separate legal entity, it
requires a license.
C/M Kravitz MOVED that under the circumstances and upon the
recommendation of the City Manager, the refund be granted of
the occupational license fee for a professional association.
SECONDED by C/M Krantz.
V/M Massaro asked when the fee was paid and when the refund was
requested; and the City Clerk stated thatthe license was applied
for on November 28, 1983 and was dated November 29, 1983. The
refund was requested within the first two weeks of December.
VOTE:
ALL VOTED AYE
16. Brow ard�League of Cities Business - Discussion and possible
action.
SYNOPSIS OF ACTION: Reports given
by Mayor Falck and C/M Kravitz.
C/M Kravitz reported that the minutes of the last League meeting
have not yet ueen received; and when they are, a report will be
made to Council.
Mayor Falck reported that the last legislative meeting was well
attended. A report was given at that time on Proposition #1
by the Chairman of the Broward Delegation.
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1/25/84
The Mayor reported that Mr. Kurt Volker will be leaving the
League on February 15, 1984 and he has agreed to be available
to the League for assistance. On February 1, the League will
start to advertise for a replacement so that applications
can be submitted by March 31.
Mayor Falck stated that two months work was done on priorities
for the League, in an attempt to come to an understanding as
to how the League should proceed in order to make their program
more effective. He said he will be presenting a report at the
February general meeting.
LEGAL AFFAIRS
17. Municipal Bonds for March Election - Discussion and
possible action on:
a) Municipal Revenue Bonds for financing capital improvements
to accommodate plans for wastewater treatment, establishing
the referendum question and date of referendum - Temp. Reso.
#2980.
b) Municipal, Bonds for financing a new City Hall and Police
Station, establishing the referendum question and date of
referendum - Temp. Reso. #k2979.
c) Establishing procedures for presentation to the public.
d) Site analysis study on City -owned property on the northeast
corner of Commercial Boulevard and NW 88 Avenue.
SYNOPSIS OF ACTION: See Pages
41 and 42.
RESOLUTION NO. R-84- eZ, PASSED
RESOLUTION NO. R-84--PASSED
City Attorney Jon Henning said there was a typographical error
on the agenda in Part b). The word "revenue" should be stricken
as the Municipal Complex will not be funded with revenue bonds.
He said in addition, a few days ago he provided to Council, the
first drafts of bath the Resolutions so that they could become
familiar with the ballot questions. He said he had requested
the Bond Counsel to supply redrafts since it was on their
word processor. They have been received this morning and the
City Attorney circulated copies to Council and advised they are
not substantially different than those Council has had for
several days.
a) City Attorney Jon Henning read the Resolution by title.
Mrs. Shirley Blumfield, resident, asked for clarification of this
Resolution; and Mr. Henning explained that there are two ,precincts
in the City east of 441 which will not be voting on this bond
issue because it is a revenue bond to be repaid by the utility
revenues,and the people who are serviced by Tamarac Utilities West
are the eligible voters. He said many problems could arise if
the Resolution passed or did not pass based upon the vote of the
east side of the City. Mr. Henning said that unlike the City
Hall, where everybody will vote, this is a revenue bond which
will be repaid by the utility revenues and this issue will
be voted upon by the Tamarac residents who are registered to vote
and reside west of 441.
Mr. Henning said this item is for an authorization to issue.
$15,000,000.00 worth of bonds. That figure is the maximum amount
if there is no funding from the federal government. It is not a
figure which says the City will have to pay $15,000,000.00 plus 55%
funding from the federal government. He said there is no guarantee
that the City will obtain funding. However, there is some sort of
a guarantee that even if the City does not obtain funding, based
upon the expert calculations of estimates as well as a cushion
from the State, the City would not be spending more than $15,000,000.00.
Also, the $15,000,000.00 would not be spent the day after the
election either and the day after it passes the City will not be
issuing $15,000,000.00 worth of bonds. He said the bonds will be
issued as the market will bear and as the money is needed; and
obviously the construction will not be done overnight.
-35- 1/25/84
City Attorney Henning further explained that one of the
reasons this will appear on the ballot is that the City
must provide on the grant application, the funding capability
for the unfunded portion as well as for the entire portion if
the federal grant does not go through.
City Manager Stuurmans said the application must be in the
hands of the federal government by March 15 and the City
will be informed shortly thereafter as to eligibility.
At that time, the City must recite its ability and
authority to do the project.
Mr. Henning stated this authorizes the City to put "X" dollars
in the bank. The City still has the public bid regirements,
and one of the provisions the architect is working on is a
bid package. He said Council is not being asked today to
authorize the expenditure of $15,000,000.00 for a particular
plan for wastewater treatment. Council is being asked to
authorize the funding of up to $15,000,000.00 and then after
the funding is authorized, Council will be reviewing site plans,
bids, alternatives, methods and procedures.
City Attorney Henning said this is a very large project and
Council will be reviewing it step by step, and there will
be public hearings and public Council meetings. There are
procedures in the Code that will be accommodated to have public
bids, as well as all the other protections to keep the costs
down and have input from the public at the appropriate time. He said
the City has a general idea from Williams, Hatfield & Stoner
as to how this will be accomplished. The general concept has
been approved by the County Commission through the 201 Hearings
as well as the E.Q.C.B. agency of Broward County and the
consulting engineers of the County who are P.H. Harris & Associates.
Mr. Ray Munitz, resident,inquired about -che possibility of
adding the words, "as needed" after "issuance of water and
sewer utility bonds".
Mr. Hennning said he is not as concerned about the title as he
is about the ballot question. Ile said the people will not
necessarily see the title of the Resolution.. They will
see the ballot question and the advertisement. Ile said the
advertisement which is on page 3 and the ballot question which
starts at the bottom of page 5, should be what the City is
concerned with as that is what the people will see.
Mr. Munitz said his suggested change is exactly what was
explained by the City Attorney. In other words, the City would
have the right to issue the bonds as the money is needed.
Mr. Henning said that would probably be handled in the fine print
of the bonds and he is reluctant to change anything since this
was mulled over with the experts the City hired to review the
matter. They have been taken to the City's Financial Advisor
as well as the Finance Department, the City Clerk, the Supervisor
of Elections and the Secretary of State.
Mayor Falck said he feels this should be rechecked to determine
whether Mr. Munitz' suggestion can be accomplished. He said
the City wants to make this as clear as possible for the people,
and the Bond Counsel should be contacted and their recommendations
accepted. Mr. Henning said he will do so immediately.
City Attorney Henning said regarding the length of time for the
bonds, the maximum provision in the Charter is forty
years. The Bond Counsel has requested it be placed in the
referendum that there is a forty year term. He said they
may be twenty or thirty year bonds and can be retired before
that time but the forty years came out of the City Charter.
1/25/84
-36- /rb
Mr. Henning said the residents east of 441 are not included in
the Resolution shown under a). These residents, as well as
those west of 441, are included in the Resolution shown under
b) .
The City Attorney said there was some discussion as to whether
or not this is a special election. He said the opinion of the
Bond Counsel is that this is a special referendum for bonds,
which is being held at the time of the general election.
Therefore, the advertisement should say this is a special
election. There will be separate advertisements for each of
these Resolutions. Fie said Council is not precluded
from other advertisements or mailouts.
V/M Massaro asked whether information could be obtained on
the rates; and Mr. Henning said the Financial Advisor could
provide the aggregate _ service figures per year and then
it would be up to the Finance Department, to see how the
commercial, and residential accounts are affected.
City Manager Stuurmans said the figures for $15,000,000.00
would differ from the figures for 7.5 million dollars, the maximum
the City is hoping to be responsible for. She said it was
not intended to have a rate analysis prepared prior
to the referendum.
Mr. Sydney Stein,resident, said he spoke to Steve Wood and
Larry Keating this morning and he made the same request. He
said people are concerned with the maximum amount
they could be charged for this service. He said he
feels this information should be requested so the residents
can be advised as to the maximum they would be charged
if the City does not receive a grant.
City Manager Stuurmans stated that if rate information is
developed, anybody who goes out and addresses that rate con-
sideration needs to be extremely cautious not to lock in on
any number, high or low.
Mr. Stein said he feels it is important to provide the residents
with a ball park figure as they will not be sold on the idea
without knowing approximately what it will cost them.
Mayor Falck said there was a taxpayer suit on the last referendum,
and the City wants to avoid a recurrence.
The Vice Mayor said she does not agree with Mr. Stein's feeling
that the residents should be provided with a maximum figure because
if that maximum is exceeded even by fifty cents, it would give
somebody an opportunity to do what was done to the City on the
other bond issue which cost the City well over $1,000,000.00.
She said she feels the City must come up with some figures and
it is important to be careful just how those figures are presented
to the residents. She said the information must be provided to
the public as realistically as possible, but the City cannot be
locked into a position where somebody could bring suit against
the City.
Mr. Munitz said if the change he suggested in the language of
the Resolution is adopted, it should follow through in the three
or four places so indicated in the Resolution.
Tape Mrs. Vickie Beach, representing the Concerned Citizens, said
8 Mr. Harold Newman had to leave, and he requested that she
read to Council, the following statement:
-37- 1/25/84
/rb
"In the absence of Harold Newman, Vice President of
the Concerned Citizens of Tamarac, Inc., I have
been asked to make this statement for him. To repeat
for the record, the Concerned Citizens of-ariarac,Inc.
are as much aware as the members of Council, of
Tamarac's need for a wastewater disposal system.
We, the Concerned Citizens of Tamarac, Inc. do not
oppose -- I repeat -- do not oppose -- a wastewater
disposal system, but the people have the right to
know the type of system the City plans to operate,
its cost, its feasibility, its effect on the environ-
ment, etc. etc. We do not support another pig in a
poke, this time at a cost of fifteen million dollars.
That is our position".
City Attorney Henning said as far as the anticipated program is
concerned, firstly, it is feasible. Secondly, it would not be
adverse to the environment because the agencies involved, the
Department of Environment and Regulation and Broward County
Environmental Quality Control Board, as well as other agencies,
would not allow the City to have any type of system that
has an adverse affect upon the environment. In addition the
City could not obtain grants for a system which would have an
adverse affect upon the environment. lie said the basic theory
is the spray irrigation system, using golf courses for spray
irrigation of treated effluent wastewater. He said this is a
method which has been used before., It is being used at this time
and is a method that has been given high priority funding under
grants and is recognized as innovative as well as being a
conservation method and a preferred method of disposal of treated
wastewater.
City Attorney Henning said much of the capital improvements would
go to the pipes and the canal work for the system. It does not
cost $15,000,000.00 to place equipment on the Tamarac Utilities
West site on 61 Street because there will be very little of this
money going to the site on 61 Street. He said it is also a
solution to the Sludge Farm, on which the City has only thirty
months or less, after which it will have to be replaced.
City Manager Stuurmans said the question on the ballot provides
for a disposal method and that is what the City has been working
on over the last few years with many professionals; and it has
been reviewed and weighed by many different agencies. She
said the language would also provide that in the event the City
is not found to be grant eligible, for which prospects at this time
look very optimistic, the City could consider alternative methods
such as deep well injection or joining another sytem; and those
appear to be the two obvious alternatives to this. She said the preferrec
method is what is being addressed at this time.
b) City Attorney .Ton Iienning read the Resolution by title.
Tie said Page 2 contains an advertisement and a list of precincts,
which is every precinct in the City -The ballot question is
contained on Page 6. On line 13, the word "police" should replace
the word "public". He said the first portion of the question
is regarding up to $8,000,000.00 for the Police Station and City Hall
complex. The bond question authorizes the funding of these two
buildings on any site and the question is not specifically geared
to the 88 Avenue site. It is asking the electorate to authorize
the building of these two structures which are much needed in
Tamarac. Mr. Henning said there is a second portion of the question.
Site A is the 88 Avenue site on the 7500 block where the architects
have already done a site analysis. Site B is the Commercial
Boulevard site where Public Works is located, extending east of
Public Works along Commercial Boulevard. He said there is a brief
explanation of the two sites and an alternative for the electorate
to choose site A or site B. Mr. Henning said he is sure this will
be covered in discussions staff intends to have with the public
in various meetings around the City between the approval, if it is
approved, and the election date.
-38- 1/25/84
Mr. Henning explained that Page 3, Line 28 states that Site A
would replace the Commercial Boulevard site which was designated
in 1974. He explained that this is an attempt to resolve a
dispute which has been brought up that if the voters vote for
the 88 Avenue site, not only would they be making an affirmative
vote for that site, but they will be voting down the Commercial
Boulevard site. He said the amount is approximate, with a
cushion for error, and the City hopes it will not be the full
$8,000,000.00. He said the prospect for grants on this project
are much less than the $15,000,000.00 project.
The City Attorney advised that both these Resolutions will be
advertised at least twice in the legal ads in the classified
section of the newspapers and this is so stated in the Resolutions.
C/M Stelzer asked whether the word "new" will be used when referring
to the City Hall and Police Facility; and Mr. Henning said it has
been suggested that reference be made to a new City Hall so there
is no question as to the refurbishing of the current City Hall.
He said the word "new" is mentioned in several places in the
Resolution, although it might not be made in every reference to
the City Hall.
Mrs. Melanie Reynolds, resident, said she feels the City is making
a mistake by placing the Police Station and the City Hall in the
same ballot question, as many of the people want a new Police
Station but do not want a new City Hall. She said in addition,
unless it is stated on the ballot that this would rescind the
1974 referendum, it cannot be done because the City would not be
telling the people the entire story. As the ballot question
would not advise the people of this fact, the people who are
voting would not know about it. Mrs. Reynolds commented that this
is one of the things the Supreme Court talked about last year
and they said the people must be told.
C/M Stelzer said this is mentioned on Page 7 of the Resolution
on lines 14, 15 and 16.
Mrs. Reynolds said it is mentioned in the Resolution but not in
the ballot question; and the City Manager stated it is mentioned
in the second part of the ballot question.
Mr. Henning said he will amend the Resolution to include after
the word "issued", the words, "as may be needed" in the advertising
and in the ballot question.
V/M Massaro said this should be done on Resolutions #2979 and 42980.
Mr. Henning said he feels the title should not be addressed
as it will be gone after today. Ile said he feels the question
should be addressed.
Mr. Sydney Stein of the Charter Board said for the record that
Mrs. Reynolds is a minority as last night the Charter Board
voted to endorse placing this on the ballot as is.
Ms. Alice Norian of the Charter Board, said she would like to
know the full impact of the ballot question. She said she
,,feels the question should not include the word "replace" or
rescind" when referring to the 1974 referendum. She said at
this time the question before the public is, "Where do you
want the City Hall complex and Police Station to be built?"
She said the City owns the 10 plus acres of land for a
municipal complex and the results of this referendum will indicate
where the public wants it to be built. She said if the land is
for public purposes, she is wondering whether the use of the word
"replace" would take away the responsibility of the City to use the
land for public purposes.
-39- 1/25/84
/rb
City Attorney Henning stated the City would not necessarily
be doing that as there is not a strong liklihood of grants
for the municipal complex. However, there is possibility of
assistance through the sale of real estate, whether it be
the current City Hall site or the Commercial. Boulevard site.
He said there will be a public presentation on that
and. a few million dollars could be contributed to the
$8,000,000.00 cost of the complex if some of the real estate
would be liquified. Council could discuss the matter at a
later date since a decision will not be made today on this
situation.
Ms. Norian said she is addressing the decision to be made today
as it involves a very important issue. She said the decision
today is what to state on the ballot. When the public is asked
to vote on either site, they are being given a choice. However,
when there is also involved the possibility of future actions,
by inserting something else into the question, the City, by
maneuvering, is possibly putting something into the question
that can be acted upon later that was not the original intent of
the people. Ms. Norian said since the City owns both pieces of
property, the decision as to the use of the land should be made
by the people. However, at this time, the only decision to be
made involves where the complex should be constructed.
Mr. Henning said line 4 on page 3 of the Resolution mentions
the aggregate amount not to exceed $8,000,000.00 and he is
assuming that Council wants to insert the language, "as may be
needed" when referring to the issuance of bonds.
Mr. Ray Munitz stated that if the result of the referendum is
such that the 7500 block is the site the people prefer, then
Item 17 b) on the agenda would cover the avenue to be addressed.
In addition, Mr. Munitz said he would like some clarification
of the use of the words "replace" or "rescind", as he is
wondering whether there is really any difference and whether
one would be preferable to the other from a legal standpoint
or from a bond issuing standpoint.
C/M Stelzer said the site would be replaced, and not the Ordinance.
Mr. Munitz said Mrs. Reynolds mentioned that the City would be
rescinding what the people voted for back in 1974.
V/M Massaro said it is very clear as the City is replacing the site of
the new City Hall; and Mr. Munitz said in that case, by implication,
the City is rescinding the 1974 referendum.
C/M Stelzer said he is not certain whether the 1974 Ordinance
specifically mentioned that a municipal complex should be
built on the property. If the City is replacing only the site
and moving it up to the 7500 block, leaving all else as it was
in the original referendum, the City could still use the property
on 88 Avenue for something else.
V/M Massaro said the 1974 Ordinance mentioned a City Hall Complex, and
it did not refer to any other municipal purpose.
20. Florida Power & Light Company Rates -- Tem . Reso. #2994 --
Discussion and possible action opposing the rate increase
requested by FP&L as the request discontinuesthe discount for
low volume consumers of electricity.
SYNOPSIS OF ACTION: APPROVED RESOLUTION NO. R-84- % ZPASSED
V/M Massaro read the Resolution'by title.
C/M Kravitz said there were many articles in the newspapers on this
subject and it has been adopted by many cities and he feels Tamarac
should adopt this as well, and he would MOVE to adopt Temp. Reso.
#2994 opposing the rate increase requested by FP&L to discontinue
the discount for low volume users of electricity. SECONDED by C/M Krantz.
--40-- 1/25/84
/rb
Mayor Falck mentioned that at the present time, the floor is
750 kilowatt hours. When that is raised to 1000 kilowatt hours,
the many residents that fall into the 750 kilowatt hour category
would be charged additional money.
VOTE:
ALL VOTED AYE
17. Municipal Bonds for March Election - Discussion and possible
action on:
a) Municipal Revenue Bonds for financing capital improvements
to accommodate plans for wastewater treatment, establishing
the referendum question and date of referendum - Temp_.-
Reso. #2980.
b) Municipal Bonds for financing a new City Hall and Police
Station, establishing the referendum question and date of
referendum - Temp. Reso. #2979.
c) Establishing procedures ^for presentation to the public.
d) Site analysis study on City -owned property on the northeast
corner of Commercial Boulevard and NW 88 Avenue.
SYNOPSIS OF ACTION: a) and b) APPROVED
as Amended. c) Report given by City Manager.
d) Held for reconvened meeting of 1/30/84.
(Also see Pages 35 through 40).
c) City Manager Stuurmans stated this item had been placed on the
agenda because there had been some conversations with Williams,
Hatfield & Stoner's office about their preparation of a slide
presentation to accompany staff's efforts on informing the public
on the 201 Plan and the utility wastewater disposal system. She
said they returned to her with an estimated project cost of
$1000.00 and she intends to authorize that since it falls within
the amount she is allowed to authorize, under -the Charter; and
therefore, Council action is not required.
Mrs. Stuurmans said Larry Keating is involved in preparing a
fact sheet to be reviewed by her office as well as with Williams,
Hatfield & Stoner. She said on the basis of conversation today,
Steve Wood will proceed with the Financial Advisor to prepare
information relating to the affect of the bond issues upon the
consumers of the utility system and the taxpayers.
The City Manager said she would appreciate being advised by
Council of any specific instructions, observations and comments
regarding the presentations. She stated that Mr. Lee Browne will
arrange with the various associations for the City to speak with
.them on the question of the general obligation and also the
utility issue. She said the Police Department is already going to
associations and showing their videotapes on the difficulty with
space.
V/M Massaro asked if the Police Department are including in their
presentation, any of the areas in other parts of the building.
Mrs. Stuurmans said that was attempted but the videotapes tend to
expand areas and when the Police Department started to go around
the building, the effect was totally lost. She said for example,
the Personnel Department and the Engineering Department looked
expansive on the videotape presentation.
The City Manager said with the assistance of City Planner, Dick
Rubin, a slide presentation 'ill be prepared as that would get
the point across much better for City Hall purposes. That program
will be prepared to go on the circuit on February 13 and there
will be a few sessions here at City Hall for organizations without
their own club facilities.
d) Mayor Falck suggested this item be held for the reconvened
meeting of Monday.
Mrs. Stuurmans said since she will not be here on Monday, she
will ask that Mr. Henning coordinate this with Mr. Rubin.
-41- 1/25/84
/rb
a) and b) Mr. Henning mentioned that in both Resolutions,
after the word "issued",the words,"as may be needed" will
be inserted. Fie said that will be done for the advertisement
and the ballot question.
a) V/M Massaro MOVED the adoption of Temp. Reso. #2980, as
amended to include after the word "issued", the words,"as may
be needed",in the advertising and in the ballot question.
SECONDED by C/M Kravitz.
VOTE:
ALL VOTED AYE
b) V/M Massaro MOVED the adoption of Temp. Reso. #2979, as
Amended, to include after the amount of money the City is
asking to bond, the words, "as may be needed" in the
advertisement and in the ballot question, and also changing the
word, "Public" to "Police". SECONDED by C/M Kravitz.
VOTE:
ALL VOTED AYE
19. Annexation of the Headway Office Park !2X Lauderdale Lakes
(located southeast of the intersection of Commercial
Boulevard and State Road 7) Discussion and possible action on:
a) Report on Broward County Legislative Delegation annexation
meeting.
b) Authorizing City officials to take appropriate action
regarding the proposed annexation of this office park
by Lauderdale Lakes - Temp. Reso. #2995.
SYNOPSIS OF ACTI014: a) Report
given by City Attorney. b) Authorization
given to City Attorney and anyone else
designated by the Mayor, to proceed to
attempt to prevent annexation. City Attorney
authorized to prepare Resolution, and
authorizing the Mayor to sign it.
a) City Attorney Henning said he submitted a report to Council on
the legislative meeting held at Plantation City Hall relating
to the petition of Lauderdale Lakes to annex the Headway Office
Park into the City of Lauderdale Lakes. He suggested that if
Council has any questions on his report, they contact him.
b) City Attorney Henning said he has not prepared a Resolution
as he feels it is premature. However, he feels any action taken
by Council, should be by Motion today.
a) Mr. Henning said as far as the meeting at Plantation City Hall,
what was accomplished was that of the eight or ten items on the
agenda, this item was the only one deferred without any action.
A postponment was accomplished until January 30, and the delegation
will meet at 3:00 P.M. on that date. He said there was a
very effective meeting held yesterday. There were not any definite
promises but the City of Tamarac was well received at the Headway
Office Park.
Mr. Henning said what is needed at this time from Council is
a commitment to move forward in an attempt to
have this property annexed into the City of Tamarac_
Mr. Henning said if there is a reluctance because it would be a
burden on the City, or for other reasons, the City should back off and
concentrate on items like the bond question. However, he said :he
feels this is a prestigous area and it would be an asset to the
City of Tamarac.
City Manager Stuurmans said she feels the City has a lot to
offer them; and the City Attorney agreed.
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C/M Stelzer inquired as to whether a referendum would be
necessary for annexation.
City Attorney Henning said he is not suggesting Council
annex the Headway Office Park. He is asking only that
Council move forward to put the wheels in motion. That has
already been started'hut he would recommend the City go
full steam ahead and proceed.
V/M Massaro said she would agree with Mr. Henning and the
City should move forward with everything at their
disposal, to prevent Lauderdale Lakes from annexing this
property. She said even if Tamarac does not annex the
property at this time, if the City stops the annexation, it
would leave the property open for annexation at a future date.
She said it would be a good addition to the City because it is
an office park and therefore, the cost to the City would not
be as great as it would be for a residential area.
V/M Massaro MOVED to continue through the City Attorney and
whoever else is delegated by the Mayor, to proceed with
attempting to prevent the City of Lauderdale Lakes from
annexing this property. SECONDED by C/M Krantz.
City Attorney Henning said the Resolution was not prepared
as there was no way to be specific enough.
V/M Massaro said she would add to her Motion, that when
Resolution #2995 is prepared, it encompass her statements
in the Motion, and the City Attorney is authorized to prepare
such a Resolution and that the Council is in agreement. The
Mayor is authorized to sign it. The SECOND concurred.
C/M Kravitz said at this point, all Council is doing is moving
ahead and having the City Attorney draw up the Resolution.
He understands the City is not getting involved in any expense
or anything definite at this time; and Mr. Henning said that is
correct.
Mr. Henning stated that he can foresee if this property is to
be annexed into Tamarac, the Headway Office Park owners would
want to continue their development under the Broward County
regulations, either as they exist today or as they may be
changed from time to time. Fie said in effect, this will be
similar to the procedures for Land Sections 4, 5 and 6 where
there are some County regulations mandated by court order.
V/M Massaro said in this case, there would not be the span of
time involved; and Mr. Henning said that is correct.
Mr. Henning said it is anticipated the buildout will be
accomplished in three to five years from today. They are now
in the middle of Phase 2 and there are four or five phases to
the project. He said he does not think the legislature will
wait five years because they and the County want to dispose of
this unincorporated pocket in less than five years.
City Attorney Henning said it was attempted to stress that the
City's Fire Department is close to the project and is barely
a half a mile from there. The County, of course, is lacking in
as high a class and as intense a fire protection. He said that
is one of the superlative things Tamarac can offer.
Mr. Henning asked whether Council wishes to include some type
of grandfathering of County regulations.
Mayor Falck said he feels this could be brought back to Council
at the appropriate time.
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V/M Massaro said she feels it is appropriate to give
the authorization to the City Attorney to proceed, as if
the City does not annex the property, it will be there
regardless and the same regulations will exist.
Mayor Palck said in addition, there will be the same
traffic problems, which will vitally affect the, residents
of Tamarac.
The Vice Mayor said the City would have all of the bad aspects
but none of the good ones.
C/M Kravitz said he does not object to this general thought.
However, he would like to know from the City Attorney whether
the City is obligating itself either financially or legally,
by passing this today.
Mr. Henning said the City is not, as experts are not being
hired and Council is only delegating the existing staff to
meet with the people of Lauderdale Lakes, the people of
Headway Office Park, the delegation. and the County and to try to
put together a package and rec.urn to Council.
Mayor Falck said when he was in-allahassee, he commented about
the annexation and suggested they might want to review the final
report on annexation that will hopefully be presented to the
legislative delegation. He said when he returned to the office,
he found a report, was received yesterday and copies had been
sent to the Councilmembers and to Mr. Gerald Knight, who is
handling the matter for the people who own the Headway Office Park.
The Mayor commented that he feels the report will have some
items in it that will interest to the City of Tamarac.
VOTE:
ALL VOTED AYE
THE MEETING WAS RECESSED AT 5:15 P.M. TO BE RECONVENED AT 10:00
A.M. 014 MONDAY, JANUARY 30, 1984.
MAYOR
ATTEST:
ASSISTANT CITY CLERK
This public document was promulgated at a cost of $417.69 .or $12.37
per copy to inform the general public and public officers and
employees about recent opinions and consideration
Council of the City of Tamarac. ciTy OF TA fir
aFoYEfl P�AT MEETING OF 8
Cit�r r�
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