HomeMy WebLinkAbout1984-02-22 - City Commission Regular Meeting MinutesV �.
n
��ORIOP
P.O. BOX 25010
TAMARAC. FLORIDA 33320
CITY OF TAMARAC, FLORIDA
CITY COUNCIL
REGULAR COUNCIL MEETING
WEDNESDAY, FEBRUARY 22, 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
1. Employee Service Awards - Presentation by the City Manager of
Ten-year pins to Police Officer Michael Considine and to Pearl
Rosenberg, Council office, and a five-year pin to Alice Sacks,
Police Department.
2. City of Hope - Presentation by Mayor Falck of a proclamation
designating March 30 through April 7, 1984, as "Tag Week for
the City of Hope".
3. Florida Derby Festival - Presentation by Mayor Falck of a
proclamation designating March 4 - 31, 1984, as "The Florida
Derby Festival".
COMMITTEES AND BOARDS
4. Investment Advisory Committee - Temp. Reso. #2982 - Dis-
cussion and possible action to appoint members to this
committee (tabled from 2/8/84)
CONSENT AGENDA
5. Items listed under Item #5, 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
1/11/84 -
Regular
Meeting
- Approval recommend-
ed by City
Clerk.
b)
Minutes of
1/17/84 -
Special
Meeting
- Approval recommend-
ed by City
Clerk.
c)
Minutes of
1/25/84 -
Regular
Meeting
- Approval recommend-
ed by City
Clerk.
d)
Alan F. Ruf
- Consulting City
Attorney
- 2/17/84 -
$3,129.00 -
Approval
recommended
by
City Attorney.
e) Muller, Mintz, Kornreich, Caldwell, Casey, Crosland &
Bramnick, P.A. - Labor Counsel - 2/6/84 - $176.61 -
Approval recommended by City Manager.
2/22 - Pg. 3
Awards presented
by City Manager.
2/22 - Pg. 3
Proclamation
presented by Mayoi
to Annette
Horowitz.
2/22 -- Pg. 3
Proclamation pre-
sented by Mayor
to Nancy
Goldhammer.
3/1 - Pg. 5
TABLED to Special
Meeting 3/7/84.
2/22 - Pg. 8
APPROVED a),b)
c), e), f) & h)
through k).
REMOVED d) for
discussion.
REMOVED g) and
then APPROVED.
City Mgr to rept
to Council.
d) REMOVED.
2/22 - Pg. 21
APPROVED.
PAGE
f)
TWO
Shailer, Purdy & Jolly - Counsel for contraband forfei-
tures - Services for January, 1984 - $269.20 - Approval
recommended by City Attorney.
REMOVED.
g) Alexander Grant & Company - Auditors - Final bi l l i nh for
2/2? - p-• 12
services regarding financial statements as of 9/30/83 and
&PROVED for
preparation of report - 1/26/84 - $5,500.00 - Approval
ayment & C/Mgr
recommended by Finance Director.
o check & rept
o Council.
h) Fremont Indemnity Company - Professional services in
connection with Concord Village Condominium I vs. City of
Tamarac - 2/2/84 - $2,500.00 - Approval recommended by
City Attorney.
i) Approval of donation of surplus, scrapped forfeiture
vehicle (1977 Monza Coupe) to the Criminal Justice Insti-
tute, Broward Community College, by Tamarac Chief of
Police, pursuant to FSS #932.704(3)(a) - Recommended by
City Manager.
j) Authorization for the City Manager to go to bid for the
following Public. Works Department equipment:
1) One tree and brush chipper
2) One 12-14 cubic yard tandem diesel dump truck
3) One new 1-3 ton vibratory hydrostatic roller
k) Authorization for Williams, Hatfield & Stoner, Inc., to
prepare specifications for Woodlands Section 8 Drainage
Corrections - Approval to extend the tabling action to a
future meeting.
GENERAL ADMINISTRATIVE FINANCIAL
6.
Em to ees Pension Fund - Temp. Reso. #3043 - Discussion and
2/22 - PF. 4
poss i bl e acti on to authori ze the appropri ate Ci ty offi ci al s to
Reso. #84-47.
execute an agreement with Investment Counsel Company as
APPROVED.
investment advisor for this fund (previously approved on
1/3/84).
2/22 - Pg. 14
7. Bid Award - Building Department - Temp. Reso. #3026 - Dis-
and possible bid for microfilming
cussicertain
TABLED to next
Buildin ng Department documendsa
regular meetin
2/22 — Pg. 4
8.
Tamarac Park Recreation Center - Discussion and possible
TABLED to Reco-
action to approve the preliminary working drawings for the
vened Meeting.
new building.
3/1 - Pg. 5
APPROVED.
9.
Grants - Status report by Mitchell Ceasar, Grants Consultant.
2/22 - Pg. 3
10.
Broward League of Cities Business - Discussion and possible
�-
Report given.
2/22 - Pg. 14
a c t i o n.
Report given.
PUBLIC HEARINGS - 2:00 P.M.
11 ExceptionBro hr I II,
#3-Z_d1�a Mongolian Bar_ B-Q - S-peci a 2/22 -- Pg. 24
China Brother I, Inc., _
Petition8� - Temp. Reso. #3027 - Discussion P. H. Held.
and possible action on a request for special exception to Petition
permit a restaurant in Bays 3 through 7 of Village Square, DENIED.
6277-6315 N. University Drive, which is zoned B-1 (Neighbor-
hood Business).
_� I -� Mongolian ,ga3028 Discussion
2/22 - Pg. 24
l Exception Petitionl#4-Z-84b/aTemp. Reso. # Q
China Brother ,
- P. H. Held.
and possible action on a request for special exception to Petition
allow on -premises consumption of alcoholic beverages in con- DENIED.
junction with a proposed restaurant in Village Square, 6277-
6315 N. University Drive, which is zoned B-1 (Neighborhood
Business).
13. Lawrence D. Kramer - Special Exce
Temp. Reso._ #3029 - Discussion an
request for special exception to
living facility/convalescent home
district at the southeast corner
Street.
LEGAL AFFAIRS
PAGE THREE
ption Petition #5-Z-84 - 2/22 - pg. 25
d possible action on a TABLED for
permit an adult congregate more info :From
in a B-6 (Planned Business )Broward County.
of NW 94 Avenue and NW 58
14. Woodmont Golf Course - Temp. Reso. #3044 - Discussion and
possible action to authorize the taking,by eminent domain
proceedings, of a piece of land for use as an easement for
spray irrigation purposes.
2/22 - Pg. 15
TABLED to Recon-
vened Meeting.
3/1 - Pg. 6
Reso. #84-53.
APPROVED.
15. Liaison and Aide Positions
- Temp. _Ord. #1089 - Discussion
2/22 - Pg. 15
APPROVED as
and possible action to amend
Chapter�2
of the Code to pro-
amended, First
vide for appointment by the
Mayor of
liaison members to
Reading.
committees and appointment
by any Council
member of aides.
First Reading.
16. Florida Consumers d
City
of Tamarac - Status
2/22 - Pg. 18
Report given by
Report, and discussion
p sFe_derationys.
n and
ppible
action.
city Attornev.
17. Solicitors and Canvassers - Temp. Ord. #1090 - Discussion 2/22- Pg.18
and possible action to amend Chapter 22 of the Code and APPROVED on
Ordinances 83-6 and 83-35 to revise the hours for solicita- First Reading.
tion or canvassing. First Reading.
18. Parking. on Unpaved Lands - Tem... Ord. #1077 - Follow-up of
Council Workshop meeting on 2/16/84 - Motion to deny. Dis-
cussion and possible action. First Reading. (tabled from
12/l/83).
COMMUNITY DEVELOPMENT
19.
20.
2/22 - Pg. 19
DENIED on
First Reading
Lakes of Carriage Hills - Discussion and possible action on: 2/22- Pg. 1
a Declaration of Protective Covenants and Restrictions -
TABLED to Recon-
Tem . Reso. #2997.
vened Meeting.
b) Revised site plan for the model sales area to reflect a
3/1 - Pg. 7
temporary drive at Sabal Palm Boulevard East and sidewalksa)
APPROVED as
Temp. Reso. #2999.
amended.
c) Sidewalk Easement - Temp_. Reso. #2998.
b) & c) APPROVED
d) Renewal of a model sales permit for a facility located at
with conditions.
6180 Rock Island Road.
d) APPROVED for
e) Rezoning Petition #3-Z-82 to rezone lands at the northeast6
months from
corner of Rock Island Road and Sabal Palm Boulevard East,
11/27/83.
extending north toward Bailey Road approximately 155-feet
e) APPROVED on
and eastward approximately 435-feet, from S-1 (Open Space/
second Reading.
Recreational) to B-1 (Neighborhood Business) by Temp. Ord.f)
APPROVED for
#1 081 . Second Reading. (Public Hearing held 1 /25/84) .
1 year w/cond.
(tabled from 2/15/84)
g) Agendized by
f) Request for extension of a sign waiver granted for a temp -consent
then
orary directional sign at the northeast corner of
APPROVED as
Commercial Boulevard and Rock Island Road - Temp. Reso.
amended.
#3030. g) dater and Sewer Agreement. _-
h) Agendized by
h) Revised Site Plan for reduction of 90 units.- Temp. Reso. #3046.
Consent then
Woodview Tract 38 - Model Sales Faciliiy - Discussion and
APPROVED w/cond.
possible action to renew a model sales permit (tabled from
2/22 - Pg. 22
1 / 2 5 / 8 4) .
TABLED .
21. Versailles Gardens - Sign Waiver - Temp-. Reso. #3031 - Dis-
cussion and possible action to extend a sign waiver granted
for a temporary directional sign at the northwest corner of
NW 80 Avenue and McNab Road.
2/22 - Pg. 22
Reso #84-48.
APPROVED, with
conditions.
2/22 - Pg. 23
22. Coldwell Banker - Sign Waiver - Temp. _Reso._#3032 - Dis- Reso. #84-49.
cussion and possible action to extend a sign waiver granted APPROVED with
for a temporary ground sign at the Colony Springs Profession- conditions.
al Building, 8333 West McNab Road.
23. Northwood II - Discussion and PAGE FOUR
possible action on: 7/22 - Pg 2
a FRevised Site Plan #2 - Temp. Reso. #3033 TABLED to next
b) Water and Sewer Developers Agreement for Site Plan #2 regular meetin
24. Lakeside Plaza - Discussion and possible action on:
a - -Release of a performance bond posted for public improve-
ments upon receipt of a one-year warranty bond - Temp.
Reso. #3034
b) Acceptance of the Bill of Sale for the water distribution
and sewage collection system improvements - Ten - Reso.
#3035.
25. Fairways III - Bond Release - Tem . Reso. #3036 - Dis-
cussion and possible action to release a warranty bond post-
ed to guarantee public improvements.
26. Tamarac Town Square - Discussion and possible action on:
a Revised site plan for revisions to outparcel - Temp.Reso.
#3037.
b) Release of a performance bond posted for public improve-
ments upon receipt of a one-year warranty bond - Temp.
Reso. #3038.
c) Release of a performance bond posted to guarantee com-
pletion of the canal - Temp. Reso. #3039.
d) Acceptance of the Bill of Sale for the water distribution
system improvements - Temp. Reso. #3040.
27. Three Lakes Plaza - Revised Site Plan - Temp. Reso. #3041 -
Discussion and possible action on a revised site plan for
revisions to the parking lot.
28. Southgate Gardens East/Mission Lakes - Warranty Bond - Temp.
Reso. #3042 - Discussion and possible action to call a
warranty bond posted for public improvements.
29. � Garfinkel Building - Discussion and possible
action on cancellation of the Water and Sewer Developers
Agreement.
29:
30. N.W. 61 Street Reali nment - Status report, and discussion
and possible action.
31. Drainage Improvements in the City
action. - Discussion and possible
_....._..-- --_
REPORTS
32. City Council
33. City Manager
34. City Attorney
City Council may consider and act upon 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 proceeding, 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 TAMARAC
Carol A. Evans
Assistant City Clerk
2/22 - Pg. 23
Reso. #84-50 &
a) APPROVED. E
Dept to notify
that canal ban
not maintained
properly.
b) APPROVED.
2/22 - Pg. 23
Reso. #84-52.
APPROVED.
2/22 - Pg. 2
TABLED to Re-
convened Mtg.
3/1 - Pg. 6
a) TABLED to
next reg mtg.
b) APPROVED su
to rec of bond
for $38,958.75
c) & d)APPROVE
Reso. #84-59,
-60 & -61.
2/22 - Pg. 2
TABLED to Reco
vened Meeting.
3/1 - Pg. 5
TABLED-nxt reg
meeting.
2/22 - Pg. 23
TABLED to 3/1.
3/1 - Pg. 1
REMOVED. —
2/22 - Pg. 26
C/Atty authrzd
to void Agmmt..`
2/22 - Pg 26
Reports given.
2/22 - Pg. 27
No Discussion.
2/22 - Pg. 28
Report by C/M
Stelzer.
2/22 - Pg. 28
Re ort given.
2/22 - Pg. 28
Report given.
PAGE
FIVE
35.
Bishop Tracts 26_and 31 - Discussion and possible action on:
2/22 - Pg. 1 & 27
a) Tract 26 (located on the west side of NW 88 Avenue, south of
Agendized by Con -
NW 81 Street).
sent; then HELD
1) Development Order - Temp. Reso. #2941.
for 3/1.
2) Plat - Temp. Reso. #2934.
3/1 - Pg. 2
3) Development Review Agreement.
APPROVED a) 1),
4) Development Agreement - Temp. Reso. #2935.
2), 3), 4) and
b) Tract 31 - (located on the west side of NW 88 Avenue, north and
b) 1), 2), 3)
west of NW 77 St.),
and 4).
1) Development Order - Temp. Reso. #2942.
Reso. #84-62, -63,
2) Plat - Temp. Reso, #2939. _
-64, -65, -66, &
3) Development Review Agreement.
-67.
4) Development Agreement - Temp.Reso. #2940.
36.
Traffic Safety and Sidewalks - Discussion and possible action
2/22 - Pg. 3, 27
& 28.
Agendized by Con-
sent. City Mgr to
get info & rept
at next meeting.
37.
Temp. Ord. #1076 - Circular Driveways - Discussion and possible
3/1 - Pg. 1. & 2
action. First Reading.
Agendized by Con-
sent. APPROVED as
amended on First
-Reading.
3/1 - Pg. 1 & 2
38.
Reappointment of Mr. Bob Shurr as Commissioner of Human Relations
Agendized by Con -
Discussion and possible action.
sent. APPROVED
extension for one
year.
39.
Installation of Sidewalk on Pine Island Road - Discussion and
3/1 - Pg. 1 & 13
possible action,
Agendized by Con-
sent. Authoriza-
tion given per
emo; City Mgr to
eport with Budget
djustment at next
e2ular meetine.
CITY OF TAMARAC, FLORIDA
REGULAR CITY COUNCIL MEETING
FEBRUARY 22, 1984
Tape CALL TO ORDER: Mayor Walter W. Falck called the meeting to
1 order on Wednesday, February 22, 1984 in Council Chambersat 9:30 A.M.
ROLL CALL:
PRESENT: Mayor Walter W. Falck
Vice Mayor Helen Massaro
Councilman Philip B. Kravitz
Councilman David E. Krantz
Councilman Jack Stelzer
ALSO PRESENT: City Manager, Laura Z. Stuurmans
City Attorney, Jon 11. Henning
Assistant City Clerk, Carol A. Evans
Secretary, Roslyn Brauner
Secretary, Patricia Marcurio
MEDITATION AND PLEDGE OF ALLEGIANCE: Mayor Falck called fOr
a Moment of Silent Meditation followed by the Pledge of
Allegiance.
35. Bishop Tracts 26 and 31 - Discussion and possible action.
SYNOPSIS OF ACTION: Agendized by Consent
and held for reconvened meeting on 3/l/84.
(See Page 27
V/M Massaro MOVED to Agendize by Consent the approval of the
final plat for Tracts 26 and 31. She said there was a question
on the parks and recreation fees, but they have now agreed to
make payment of the full amount. She suggested in order to
give Council and the public an opportunity to review this,
that it be heard at a reconvened meeting. SECONDED by C/M Krantz.
VOTE: ALL VOTED AYE
Mayor Falck said the reconvened meeting will take place on
Thursday, March 1, 1984 at 9:00 A.M. and this could be heard then.
COMMUNITY DEVELOPMENT
19. Lakes of Carriage Hills - Discussion and possible action on:
a Declaration of Protective Covenants and Restrictions -
Temp. Reso. #2997.
b) Revised site plan for the model sales area to reflect a
temporary drive at Sabal Palm Boulevard East and side-
walks -- Temp. Reso. #2999.
c) Sidewalk Easement - Temp. Reso. #2998.
d) Renewal of a model sales permit for a facility located
at 6180 Rock Island Road.
e) Rezoning Petition #3-Z-82 to rezone lands at the north-
east 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)
by Temp. Ord. #1081. Second Reading. Public Hearing
held 1 25 84). (tabled from 2/15/84).
f) Request for extension of a sign waiver granted for a
temporary directional sign at the northeast corner of
Commercial Boulevard and Rock Island Road -Temp. Reso.
#3030.
SYNOPSIS OF ACTION: a), b), c), d),
e) and f) TABLED to reconvened
meeting of 3/l/84.
City Attorney Jon Henning said discussions were held yesterday
with the attorney, Mr.Glenn Smith,and he is doing some..revising
and wants to provide Council with an Agreement that will be
approved. Mr. Henning said he does not feel that will be ready
-1-- 2/22/84
/rb
today, and suggested this item be held for the reconvened
meeting.
V/M Massaro MOVED this item be tabled to the reconvened
meeting. SECONDED by C/M Krantz.
VOTE: ALL VOTED AYE
26. Tamarac Town Sc
juare - Discussion and possible action on:
a) Revised site plan for revisions to outparcel - Temp.
,Reso. #3037.
b) Release of a performance bond posted for public
improvements upon receipt of a one-year warranty bond -
Temp. Reso.^#3038.
c) Release of a performance bond posted to guarantee completion
of the canal - Tema. Reso. #3039.
d) Acceptance of the Bill of Sale for the water distribution
system improvements - Temp: Reso.#3040.
SYNOPSIS OF ACTION: a), b), c)
and d) TABLED to reconvened
meeting of 3/l/84.
City Attorney Henning stated that the release of these bonds
is predicated upon the receipt of the recorded Stipulation
which was amended, and that is not in-house.
V/M Massaro said action should not be taken on this item
until the City has the Stipulation and she MOVED this item
be tabled to the reconvened meeting of Plarch 1, 1984.
SECONDED by C/M Kravitz.
VOTE:
ALL VOTED AYE
27. Three Lakes Plaza - Revised Site Plan - Temp. Reso. #3041 -
Discussion and possible action on a revised site plan for
revisions to the parking lot.
SYNOPSIS OF ACTION: TABLED to
reconvened meeting of 3/1/84 for
Engineering inspection of entrances
on Commercial Blvd.
V/M Massaro said she feels Council should not take action on this
item today and she would MOVE it be tabled to the reconvened
meeting,and that the Engineering Department inspect the entrances
on Commercial Boulevard as they do not conform to the plan; and
return to Council with a recommendation.
C/M Stelzer said the angle measurements are not indicated on
the site plan; and the Vice Mayor said the revised site plan
is not acceptable.
The Motion was SECONDED by C/M Kravitz.
VOTE:
ALL VOTED AYE
23. Northwood II - Discussion and possible action on:
i) Revised Site Plan #2 - Temp. Reso. #3033.
b) Water and Sewer Developers Agreement for Site Plan #2.
SYNOPSIS OF ACTION: a) and b)
TABLED to next regular meeting.
C/M Kravitz suggested this item not be heard today ,and,MOVED.
it be tabled to the next regular meeting. SECONDED by
C/M Krantz.
VOTE: ALL VOTED AYE
E rm
2/22/84
/rb
36. Traffic Safety and Sidewalks -- Discussion and possible
action.
SYNOPSIS OF ACTION: Agendized by
Consent See Pages 27 and 28).
C/M Stelzer MOVED to Agendize by Consent, a discussion on
traffic safety and sidewalks. SECONDED by C/M Krantz.
VOTE: ALL VOTED AYE
PRESENTATIONS AND AWARDS
1. Employee Service Awards - Presentation by the City Manager
of ten-year pins to Police Officer Michael Considine and to
Pearl Rosenberg, Council office, and a five-year pin to
Alice Sacks, Police Department.
SYNOPSIS OF ACTION: Awards
presented by City Manager.
City Manager Stuurmans presented ten-year pins to Police Officer
Michael Considine and to Pearl Rosenberg of the Council office,
and a five-year pin to Alice Sacks of the Police Department.
2. City of Hope - Presentation by Mayor Falck of a proclamation
designating PZarch 30 through April 7, 1984, as "Tag Week for
the City of Hope".
SYNOPSIS OF ACTION: Proclamation
presented by Mayor Falck to
Annette Horowitz.
Mayor Falck issued a proclamation to Annette Horowitz, designating
March 30 through April 7, 1984, as "Tag Week for the City of Hope".
3. Florida Derby Festival -- Presentation by Mayor Falck of a
proclamation designating March 4 - 31, 1984, as "The
Florida Derby Festival".
SYNOPSIS OF ACTION: Proclamation
presented by Mayor Falck to
Nancy Goldhammer.
Mayor Falck presented a proclamation to Nancy Holdhammer,
designating March 4 - 31, 1984, as "The Florida Derby Festival".
GENERAL ADMINISTRATIVE/FINANCIAL
9. Grants - Status report by Mitchell Ceasar, Grants Consultant.
SYNOPSIS OF ACTION: Report given
by Mitchell Ceasar on update of
grants.
Mr. Ceasar reported on the following:
University Drive - As previously reported, the City has received
tentative approval from D.Q.T. for the transfer of $70,000.00
from the bike path monies, to the design phase for the widening
of University Drive. The estimated cost of the design phase is
between $200,000.00 and $250,000.00. The difference required
could possibly be obtained through the D.O.T., the County, or
the developers of the City.
Commercial Boulevard_T'�xpansion - A meeting is taking place at the present
time between the D.O.T., the Executive Director of the Expressway
and Mar. Dick Rubin, City Planner. A progress report will be
made to Council either at the next meeting or in memo form.
_3_ 2/22/84
/rb
Community Services Trust ^Fund - This fund has a six month cycle,
from April to September. It is basically money which is termed
"left over" and there is a 50/50 split between the City and
the State. If the grant is offered to the City, it could be
in services in --house rather than money.
Energy Conservation Grant Fro ram - The City is allowed between
$400.00 and $600.00 per City building for determination of the
energy efficiency of the building, and there will be a small
match necessary. The City could determine the energy efficiency
of the air conditioning system, the heating system, etc., and
the funding will be provided to the City for the time spent
to do this in-house. Therefore, there will be a savings in
electric bills each month, and the corrections will be
heavily funded by the program.
Veterans Park - Grants are being pursued for bathroom facilities,
water fountains, paving and other improvements at the Park.
The City has been successful in obtaining a grant. This has
not yet been finalized and there is a temporary postponement
until this is completed. The grant the City is seeking is
between $10,000.00 and $15,000.00.
Mr. Ceasar advised that either at the next Council meeting or
in memo form, he will provide Council with a current update
on the legislation in Tallahassee.
6. Employees Pension Fund - Temp. Reso. #3043 - Discussion
and possible action to authorize the appropriate City
officials to execute an agreement with Investment Counsel
Company as investment advisor for this fund (previously
approved on 1/3/84. )
SYNOPSIS OF ACTION: APPROVED.
RESOLUTION NO. R-84- Z PASSED
City Attorney Jon Henning read the Resolution by title. He
explained that a meeting or two ago, there was a discussion
on the Investment Counsel Company, and there was a Resolution
appointing them. Following that, a letter of agreement was
received and Council was attempting to determine the appropriate City
officials authorized to execute this Agreement;whether it be the
Pension Board or the City Council. The conclusion was that the City
Council should execute the letter of agreement,and since it was
not available at that time, it would be appropriate to approve
it today. He said $2,000,000.00 will be invested from the
Pension Plan and the Investment Counsel Company will be di-
recting where the money should be invested. He said the
annual fee will be $10,000.00 for managing these funds.
V/M Massaro MOVED to approve Temp. Reso. #3043. SECONDED
by C/M Kravitz.
VOTE:
ALL VOTED AYE
8. Tamarac Park Recreation Center --
action to approve the preliminary
new building.
SYNOPSIS OF ACTION: TABLED to
reconvened meeting of 3/l/84.
Sharon Ellis, Dick Rubin and
C/M Kravitz to discuss plan and
return to Council with recommendation.
Discussion and possible
working drawings for the
City Planner Dick Rubin said a workshop meeting was held
to finalize the plans for the new recreational building.
He said he submitted backup to Council yesterday of a).plan which he
feels has a good functional relationship of the offices
downstairs. Ile said he would like to discuss with Council
today, two questions. One is the final design of the layout
inside the building; and the other is location on the site.
-4- 2/22/84
/rb
Mx. Rubin displayed for Council a model of the proposed rec-
reational building. He stated that a two-story building
would have administration downstairs and meeting rooms up-
stairs and the building could be placed on the site to the
north of the concession stand which would not interfere
with the playground. He said the problem would be that the
location is too far away from one of the fields and the
public address system could not be used.
Mr. Rubin said an alternative would be to remove the concession
stand temporarily and place the building on the site in a way
that the public address system on the second floor could be
used for both fields. He said this would be good design and
he would recommend it, but the problem would be that during
the six months of construction, the children would be without
the bathrooms and the concession stand. In addition, the
funds the City has available for this purpose would not be
sufficient to complete the building. Mr. Rubin said in addition,
the bathrooms would have to be used by children, adults and
the two ball fields,and a lot of dirt would be tracked in from
the outdoors. He said the indoor bathrooms should not actually
be usedfor outside purposes. Therefore, it would be necessary
to have a concession stand, but there is no money available for it.
The City Planner said there is a logical solution to the problem.
He suggested that instead of a two-story building, the City
could construct a one-story building. The administration,
bathroom facilities and meeting rooms would all be built down-
stairs; and during the baseball season, the children would be
able to use the existing bathroom facilities.
Mr. Rubin said with the money the City would save by not building
a second floor, the building could be reconstructed in the
future, or an observation tower could be built for use by both
fields. The children would then have an enclosed play area
and there would be money available for an adequate concession
stand and bathroom facilities.
VIM Massaro said there was no mention of increasing the size of
the building; and Mr. Rubin explained that when the offices
upstairs were brought downstairs, the building became
larger and the open space became smaller. There are now 1,700
square feet downstairs. originally, the project required 2,200
square feet downstairs. He said if the second floor is removed,
the back of the first floor can be expanded and the building
could be made longer. Therefore, the 500 or 600
square feet can be picked up.
Mr. Rubin stated that a one-story building which is 500 square
feet larger would meet all the original concerns as well as the
City's budget.
Tape C/M Stelzer asked if there will be sufficient space for meeting
2 rooms on the first floor; and Mr. Rubin said the space will
be adequate for the children's needs for recreation such as
pool tables, etc.)and there will be 500 square feet which could
be partitioned off and used for meetings when necessary or
opened up to be used for the children's area.
Mr. Norman Karr, Parks Commissioner, asked how 50Q square feet
would take the place of a second floor of 2,400 square feet.
He said the two-story building would take care of the City's
needs and there only remains the concession stand to be resolved.
He said the Parks and Recreation Committee is not in favor of
keeping the concession stand, although he personally feels
it should remain as is. Mr. Karr said it is his suggestion
to build the building as shown by Mr. Rubin in the model, to
give the maximum amount of space for the money. He said
the City can spend $225,000.00, and the plans were drawn up on
the basis of constructing the building within the City's budget.
-5- 2/22/84
/rb
V/M Massaro said the downstairs floor has been cut down
too much, and there is a larger meeting room upstairs
than there is downstairs. She said Mr. Rubin had
originally been informed that some of the upstairs work
could remain unfinished but the City Attorney now
advises that this cannot be done. The City must complete
the building and it cannot be accomplished within the budget.
She said it does not make sense to have an upstairs meeting
room which would be larger than the space provided for the
children downstairs and therefore, the downstairs would
have to be remodelled to provide more space. Also, the bathroom
facilities should be remodelled.
The Vice Mayor said the downstairs could be utilized
for meeting rooms during the times when it is not being used
by children. She said she feels Mr. Rubin has a viable
solution to the problems.
Mr. Karr said he does not understand why the plans that
have been reviewed many months suddenly -cannot be carried
through for the amount of money that was determined.
He said estimates were prepared for a two-story building
and suddenly the City found it cannot be built at the
cost estimated.
V/M Massaro said the plans brought before Council at the last
meeting were not completed. She said the purpose of this building
isto provide the teenagers with a facility of their own,
and the building is now found to be inadequate. She said in
a one-story building, there would be meeting rooms when
they are required.
Mr. Karr said in a building of that size, there would be in-
sufficient space for a dance or a large meeting; and
the Vice Mayor said the downstairs could be expanded and used
for a dance.
Mr. Rubin explained if a two-story building were constructed,
the City would have to provide two sets of stairs and an
elevator. Also, -a one-story building would be 100% accessible for the
handicapped, whereas in a two-story building, handicap access
would be required,
C/M Stelzer asked whether it is contemplated to use the
recreation hall as an assembly hall when it is not being used
for recreation purposes; and Mr. Rubin said it is,
Mrs. Mollie Goldstein of the Parks and Recreation Committee
said the Committee held a workshop on the puns for the
building under discussion today. However, the plans shown
at this time are brand new to her, and she does not understand
why the change was made.
Mrs. Goldstein said she understands the problem about the
costs involved. However, whenever the Committee reaches a
decision, changes are made when this goes before Council
and the Committee cannot voice their opinion. She said
the Committee represents the residents of the City and
their opinions should be accepted.
V/M Massaro said she would stress that the City must construct
this building within the amount of money permitted for use.
She said the City Attorney brought this to the attention of
Mr. Rubin yesterday, informing him that this must be a
finished product, in keeping with the City Chatter requirements.
-6- 2/22/84
/rb
V/M Massaro said a two-story building with an elevator and
all else that is necessary, cannot be constructed within
the amount of money the City can spend for the finished product.
Therefore, alternative methods are now being discussed so that
the City can move forward on this project.
Mrs. Goldstein said the City must provide a certain amount of
space per person in order to have a dance and a one-story
building would not contain sufficient space for that purpose.
In addition, the facility would be a place only for children
and teenagers to get together, but Council is discussing
items that would apply to a Community Center. Therefore, there
is a conflict between the City and the Committee.
V/M Massaro said the present plan indicates the downstairs
room not to be large enough for teenagers and even this cannot
be built within the City's budget. However, if the upper floor
were removed and the downstairs extended, the additional space
could be partitioned and used for meetings when needed. If
one large room is required, the partitions could be opened,
similar to the way it is done in the Council Chambers.
Mrs. Goldstein commented that changes are always made just
prior to Council meetings and there is no time for the
Committee to get together and discuss the matter.
Mayor Falck said he would agree that this matter must be pre-
sented to the Committee and he feels this is not being properly
handled. He stated it is important that Council hear from the
Committee members.
V/M Massaro said it was Mr. Rubin's intention to present the
various alternatives to Council today. She said she feels
this should return to Council at the reconvened meeting on
Thursday, in order to give the Committee the time to discuss
the matter. The Mayor said he would agree with that.
C/M Kravitz stated that he is the liaison to the Recreation
Committee and he has not been informed of the changes.
He feels the Parks and Recreation Director should provide
Council with her feelings on the changes recommended. In
addition, for the future, he would like to be informed of changes
in advance of Council meetings, so he can consult with the
Committee and make a recommendation to Council. He said
communication was not received by Council on this matter until
this morning, and now it is expected that certain judgments
be made. Tie said he feels there are not sufficient facts
to make these judgments and he hopes the facts are presented
to Council in advance of the reconvened meeting.
Mr. Rubin stated that the drawings submitted to Council yesterday
were accepted by the Parks and Recreation Committee. He said
if the City wants to install an elevator for handicap access
as well as make the downstairs larger, it cannot be done and he
was,therefore,seeking alternatives.
Mrs. Sharon Ellis, Parks and .Recreation Director, said Mr. Rubin
has been trying to come up with the best possible plan but
there was not sufficient time to present the alternatives to the
Committee. She said approximately two years ago she presented
to Mr. Rubin, an idea of a self-contained kit for a log cabin
structure and therefore, she is happy to see that a one-story
building is now being considered,provided it is a long and wide
building. She said she was concerned about an elevator if a
two-story building were constructed as if the City does not
have the funds for the elevator, the requirement for the handicapped
would not be met. She said'.she feels the one-story building
has good possibilities, and that Mr. Rubin's expertise should
be accepted as to the square footage.
-7- 2/22/84
/rb
Mrs. Ellis said the City has received bids from various
builders and they are all within the range of $30.00 to
$40.00 per square foot. She said as far as the one-story
building is concerned, by eliminating the concession stand
there would be a hardship on the children. Investigation
was done on renting a portable concession but the cost
would be in excess of $300.00 per week. She said if the
present facility could remain, there would be a public
address system and restrooms. In addition, Mrs. Ellis
commented that if a partition were used as suggested by
the Vice Mayor, two events could be held at the same time.
Also, the area could be utilized so that the games, soda
machines, etc. are placed where they would not have to be
moved.
Pars. Ellis said she is in favor of the one-story building
with the modifications presented today, as well as commit-
ment from Council that the present structure will remain
and be brought up to date and made useable. She said she
would stress that this is a recreation center and not a
Community Center.
Mayor Falck said he recalls the suggestion made by Mrs. Ellis
about two years ago for the packaged kit as he felt it had a
lot of potential. He said he is interested in the fact that
Mrs. Ellis is in favor of the one-story building and he would
suggest Dick Rubin, Sharon Ellis and C/M Kravitz get together
to discuss the matter and return to Council with a recommendation
at the reconvened meeting.
C/M Kravitz MOVED that the item with reference to the Tamarac
Park and Recreation Center be tabled to the reconvened meeting
of March 1, 1984. SECONDED by V/M Massaro.
C/M Stelzer asked whether there is sufficient space to build
a large enough one-story building; and Mr. Rubin stated that
every square foot available will be used which would provide
at least an additional 500 square feet. He said according to
the South Florida Building Code, 500 square feet would permit
an additional fifty children to utilize the downstairs space.
C/M Stelzer asked whether the one-story building with all the
necessary requirements, would fall within the City's budget;
and Mr. Rubin said it would. He said in addition, he hopes
there will also be sufficient funds to provide the observation
tower.
VOTE: ALL VOTED AYE
5. Consent Agenda
a)
minutes of
1/11/84' - Regular Meeting -
Approval recommend
ed by City
Clerk.
b)
Minutes of
1/17/84 - Special Meeting -
Approval recommend
ed by City
Clerk.
c)
Minutes of
1/25/84 - Regular Meeting -
Approval recommend
ed by City
Clerk.
d)
Alan F. Ruf
- Consulting City Attorney
- 2/17/84 -
$3,129.00 -
Approval recommended by City
Attorney.
e)
Muller, Mintz,
Kornreich, Caldwell, Casey,
Crosland &
Bramnick, P.A.
- Labor Counsel - 2/6/84
- $176.61 -
Approval recommended
by City Manager.
-8- 2/22/84
/rb
f) Shailer, Purdy & Jolly - Counsel for contraband forfei-
tures - Services for January, 1984 - $269.20 - Approval
recommended by City Attorney.
g) Alexander Grant & Company -- Auditors - Final billinh fcr
services regarding financial statements as of 9/30/83 and
preparation of report - 1/26/84 - $5,500.00 - Approval
recommended by Finance Director.
h) Fremont Indemnity Company - Professional services in
connection with Concord Village Condominium I vs. City of
Tamarac - 2/2/84 - $2,500.00 - Approval recommended by
City Attorney.
i) Approval of donation of surplus, scrapped forfeiture
vehicle (1977 Monza Coupe) to the Criminal Justice Insti-
tute, Broward Community College, by Tamarac Chief of
Police, pursuant to FSS #932.704(3)(a) - Recommended by
City Manager.
j) Authorization for the City Manager to go to bid for the
following Public. Works Department equipment:
1) One tree and brush chipper
2) One 12-14 cubic yard tandem diesel dump truck
3) One new 1-3 ton vibratory hydrostatic roller
k) Authorization for Williams, Hatfield & Stoner, Inc., to
prepare specifications for Woodlands Section 8 Drainage
Corrections - Approval to extend the tabling action to a
future meetinn.
SYNOPSIS OF ACTION: APPROVED Items a),
c , e ) , f) and—h) through k) .
Itel'a d) PETZ(VED fair discussion (See Pa. 21) .
Item g) REMOVED and then APPXUVED.
City Manager to check into 1982/83 audit
and report to Council.
City Attorney ,Ton Henning said Alan Ruf's statement was not available
until this morning and he can now provide Council with copies of it.
Therefore, he feels Council might wish to remove d) for further
discussion.
C/M Kravitz MOVED to approve Items a), b), c), e), f) and h) through
k), removing d) and g). SECONDED by C/M Kravitz.
VOTE:
ALL VOTED AYE
c) Mr. Walter Rekuc, resident, said he is petitioning the Council
to authorize him to review the work papers of Alexander Grant & Company
due to a number of financial transactions that occurred during the year.
He said since his findings might result in a change in
the audit, he would recommend that final payment be deferred until
the review is made. He said he has contacted Alexander Grant's rep-
resentative at the suggestion of the State of Florida Office of the
Controller as it was recommended this be looked into,and he would
require Council's approval to do so.
Mr. Rekuc stated that in the financial records of the Building Depart-
ment, there are twenty million dollars in approved C.O.'s which
should have been added to the City's tax roll. He said according to
the County, there are twenty million dollars in unaccountable tax
dollars. The City reported eight million dollars and the County shows
twenty-eight million dollars„a difference of twenty million dollars.
Mr. Henning asked whether Mr. Rekuc is referring to assessed value or
tax dollars; and Mr. Rekuc said he is referring to taxable dollars.
--9- 2/22/84
/rb
Mr. Henning said it would then be assessed value; and Mr.
Rekuc said it is taxable dollars and he is not saying
whether : the property is assessed or not, since it
is not assessed until the County reviews it.
Mr. Henning said in that case, this represents twenty
million dollars in property which would be assessed at the
millage rate.
Mr. Rekuc said that is not necessarily so as the County
must review it and it might be sixteen million dollars or
twenty-two million dollars. 1t would depend upon the
cost value Vs. the assessed value.
Mr. Henning asked Mr. Rekuc whether he is suggesting there
is a twenty million dollar error in the audit; and Mr. Rekuc
said there are twenty million dollars in the Building Depart-
ment financial records that are not accounted for.
V/M Massaro asked Mr. Rekuc where he obtained the twenty million
dollar figure and she would like to know whether that amount
represents the work that is being done.
Mr. Rekuc said there are twenty million dollars in C.O.'s which
have been approved by the Building Official.
V/M Massaro asked Mr. Rekuc where he obtained the eight million
dollar figure; and he said he obtained it from the County.
He said the records go from the City to the County. He said
the City recorded twenty eight million dollars and the County
shows eight million dollars, and there is a difference of
twenty million dollars. He said for example, in Woodlands,
there is a rouse which cost $700,000.00, but for five years,
this house did not appear on the tax rolls.
The Vice Mayor asked whether that information was obtained
from the Tamarac records or the County records; and Mr. Rekuc
said the City Building Official transmits the records to the
County and that is why the problem exists. He said if the
record is not transmitted, the County cannot pick it up.
V/M Massaro asked Mr. Relcuc whether he is stating that the
Building Official has not transmitted the information; and
Mr. Rekuc said he would have to look at the work papers to
make that determination.
City Manager Stuurmans said the County comes to City Hall monthly
to review the City's documents.
Mr. Rekuc said there are internal controls which are missing
and this is a serious problem. fie said when the City loses
3.5 million dollars on one building for five years, that means
the citizens of Tamarac must absorb the taxes which are applicable.
C/M Kravitz asked Mr. Rekuc whether he is asking Council to
give him permission to examine the work papers of Alexander
Grant & Company; and Mr. Rekuc said lie is.
C/M Kravitz asked Mr. Rekuc whether he understands that accountants
do not have to provide work papers; and Mr. Rekuc said they do
not have to give him personally their work papers, but the City
as a client, can ask the auditors to provide the papers for review.
C/M Kravitz said he would like to clear up this matter, but it
is his understanding that accountants do not have to turn over
their work papers to a client or another acountant; and Mr.
Rekuc said that is not quite true.
-10- 2/22/84
/rb
V/M Massaro said since this matter was brought to Council's
attention by Mr. Rekuc, it would be appropriate for the City
Manager and the Finance Director to research the situation, and
provide Council with an answer.
Mr_. Rekuc said the work papers belong to the City because the
City paid for them, and the details are contained in the work
papers.
The Vice Mayor suggested .Mr. Rekuc provide Council with a
memorandum and this will b2 checked out. She said the City
pays an auditor and a finance department. The City has a
City Manager and if there are problems with any of the records,
the information should be provided in memorandum form and
the answers will be found. She said this must be none in-house.
Mr. Rekuc said the only other alternative would be for him to go
to the State Attorney's office, and the Vice Mayor said that
would be satisfactory.
City Manager Stuurmans said she has just asked Mr. Stevens to
appear before Council as the question Mr. Rekuc raises should
be addressed by the Building Official as to procedures. She
said she was under the impression there was a transmittal routine
in the City and Mr. Stevens will provide that information.
Mr. Rekuc said there is no transmittal; and the City Manager said
a, copy of every C.O. issued in the City is sent to the County.
Mr, Rekuc said a list of the C.O.'s that are sent to the County
does not exist. He said there is no internal control, and the
fixed income residents are asked to pay the taxes because of that.
He said there are a number of questions that should be answered
relating to the funds and he was asked by the State Auditor
to obtain the information from Alexander Grant & Company.
He was also told to obtain approval from the Council. He said
he is aware that Council does not have to grant him this permission
but he feels since it is for the welfare of the City, it should
be done.
Mayor Falck said that both C/M Kravitz and C/M Stelzer who are
Certified Public Accounts, have indicated that the auditor does
not have to provide these work papers, and Mr. Munitz who is also
a Certified Public Accountant agreed.
City Manager Stuurmans said she would bring to Council's attention
that the City of Coral Springs authorized an audit and review of
the tax records of Broward County, to make sure all of their
properties were properly reflected on the tax rolls. She said
the City of Tamarac may wish to consider that too.
Mr. Sam Stevens, Chief Building Official, stated that the Building
Department transmits copies of each C.O. issued, to Mr. Wilson,
the Administrator of Broward County Planning Council. He said
there is also an individual from the the assessor's office that
comes into the Building Department every month and goes through
the City's records to check the C.O.'s that were issued.
The County does not use the City's or the property owner's evaluation
but rather use their own estimate. They do not take roofing per-
mits or some of the driveway permits into consideration. They
do take swimming pools and room additions into consideration.,
However, a lot of the permits issued by the City are not picked
up by the County for assessed value purposes. He said the
City provides the County with the information requested but
he is unable to verify the exact information that is used by
County for assessment purposes.
V/M Massaro asked Mr. Stevens whether it is possible there would
be a difference of twenty million dollars between the City's
records and the information picked up.by the County.
-11- 2/22/84
/rb
Mr. Stevens explained that there is an area in which there
could be an overlap in the C.O.'sissued by the City vs. the
total actual figure. He said sometimes the City issues a
temporary thirty -day C.O. and the value of that C.O. could
be $400,000.00. The developer might return for an extension
of the C.O. and the City would issue another temporary thirty -day
C.O. for the same building which would cause an overlap and the
figure could be picked up twice.
V/M Massaro said in that case, the County would show a higher
figure; and Mr. Stevens said the City's figure would be
higher as the City takes the total from the C.O.'s that were
issued.
V/M Massaro said there is a question and she feels the Finance
Director, the auditors and Mr. Stevens should discuss this
to determine what should be done in-house to properly research
the matter.
Mr. Stevens said from last year's records, he would quote
the figures on the permits issued, as follows:
December $2,500,000.00
November
5,467,000.00
October
4,500,000.00
September
5,017,000.00
August
3,443,000.00
July
9,990,000.00
June
7,810,000.00
May
6,813,000.00
April
2,617,000.00
March
3,607,000.00
February
2,049,000.00
January
1,142,000.00
Mr. Stevens said the amounts indicated represent the evaluation
of the property on which the permits were issued. Of the above -
mentioned _p.ermits,r.O.'s were issued in the following amounts:
$4,600,000.00
2,100,000.00
4,200,000.00
1,300,000.00
2,100,000.00
478,000.00
1,960,000.00
857,000.00
2,800,000.00
C/M Kravitz said it would appear to him that C.O.'s were issued
for more than $8,000,000.00 for the year. He said also, that
he feels the City has a very good staff and through the City
Manager, the staff should contact the auditors on this issue
to determine whether there is any merit to what was discussed
here this morning. He said that he personally feels there is
not as much involved as there appears to be. He said it was
mentioned that twenty-eight million dollars was reported by
the City, of which only eight million dollars was picked up by
the County. He said the City is thankful to anyone who brings
something to the City's attention which might be a problem,
but he feels this should be left to the City Manager to do
the administrative work, after which she will report to Council
on the findings of the Finance Department, the Building Official
or any other means and he would so MOVE, and that payment of Item g)
be made in the amount of $5,500.00, as approved by the Finance
Director. SECONDED by V/M Massaro.
Mr. Rekuc said that most of the City benefits are received by
the members of the Woodlands Country Club; and the Vice Mayor
asked Mr. Rekuc whether he has determined that the problems are
in Woodlands. He said some of them are.
-12- 2/22/84
/rb
C/M Stelzer said he thinks it is unfair that a citizen should
make allegations before Council in public when the newspapers
will print such allegations; and then when they are found to
be untrue, the newspaper never prints they are untrue. Ile
said he feels when an individual wishes to make such allegations,
they should do so by sending a letter to Council.
Tape Mr. Rekuc said he has tried to convey to the City Council that
3 there is a problem in the City, and now C/M Stelzer is
suggesting the matter be buried under the carpet.
Mr. Henning said he feels it is important to crystalize the issue
at this time. He said one of the things mentioned was whether or
not there is a difference between the assessed value of property
by the County, and the value of the property which was C.O.'d by
the City. Ile said assuming this would be a proper subject for
an audit, then Council wants the Finance Director, the Chief
Building Official and possibly the Auditor, to review and
reevaluate any discrepancies in the audit. lie said he has not
heard any other accusations which are of a nature that could be
followed up.
The City Attorney commented that the City has experts, the
staff and the auditors, but Mr. Rekuc feels lie is the only
individual in the City of Tamarac who is qualified to follow up
on these problems. He said if the allegations would be outlined
to Council in letter form, he is certain staff will follow up
on them.
C/M Stelzer stated that Mr. Rekuc has also alleged that there is
one homeowner with a $700,000.00 home in Woodlands who has not
paid taxes for five years. He requested the name and address of
that individual be given in public and the City will check into
it. He asked Mr. Rekuc to make a public statement about this.
Mr. Rekuc said he will not provide the information requested
because Council will not permit him to inspect the work papers
of Alexander Grant & Company. He said he would like to check
into these matters further as there are twenty or thirty items
that should be reviewed.
City Attorney Henning stated that Mr. Rekuc does not have to come
before Council for records to which he is entitled under the
Public Records Law. However, the work papers are not part of the
public records.
Mr.Rekuc said he wants to help the City and according to the
State Auditor's Office, the Council can authorize him to review
these papers.
V/M Massaro asked whether this information can be obtained in City
Hall; and Mr. Rekuc said he is unable to trace some of the figures
and if they are not in the backup, he will have to find another
means of obtaining them. He mentioned that he has been the
Vice President of several large corporations, and.records have
always been available for review.
City Manager Stuurmans said the Motion made by Council will be
followed. However, she would like to advise that the Finance
Director has provided her with a copy of the 1983 Certification
of Taxable Value of the City from Mr. Markham's office, which
reflects an addition for new construction to the City's assessed
value of $19,384,030.00.
C/M Stelzer said he would request Mr. Rekuc's allegations be
made in letter form so that the City can determine what is
involved. He said he would also insist that the City be
informed of the name and address of the individual who owns
the $700,000.00 house referred to today.
VOTE:
ALL VOTED AYE
--13-
2/22/84
/rb
The Vice Mayor said she would like a copy of Mr. Rekuc's
findings so the City can investigate this as it must be
started internally.
C/M Stelzer said the biggest allegation made was that the City
is short twenty million dollars in assessed value; and C/M Krantz
stated the twenty million dollars has been accounted for, as
was explained by the City Manager.
C/M Stelzer stated that if the City would be informed about
the problems, an investigation could be made as the City
would know what to look for. However, it is ridiculous to
make allegations without providing the details.
GENERAL ADMINISTRATIVE/FINANCIAL
7. Bid Award - Building Department - Temp. Reso. #3026 - Discussion
and possible action to award a bid for microfilming certain
Building Department documents.
SYNOPSIS OF ACTION: TABLED to
next ^regular meeting.
City Manager Stuurmans said she has requested that Council table
this item to the next regular meeting.
C/M Kravitz MOVED to table Temp. Reso. #3026 to the next regular
meeting. SECONDED by V/M Massaro.
VOTE: ALL VOTED AYE
10. Broward County Lea ue of Cities - Discussion and possible
action.
C/M Kravitz said the Broward League held a meeting last Friday
and when the report is received, it will be submitted to Council.
He said many items will be mentioned in the report which are of
importance to all cities, including Proposition #1 and the water
situation.
Mayor Falck advised that the report referred to by C/M Kravitz
will not be available until after the Board meets on March 1, 1984.
He said he would like to mention that he was named to the Water
Advisory Board, and a meeting on the water situation will be held
on March 10, 1984.
Mr. John Lachmann, resident, said the Mayor referred to an
Advisory Board,and he would like to know whether the Water Authority
Board which was established by the Broward County Commission is
the Board referred to; and Mayor Falck said it is.
City Attorney Jon Henning said he had the opportunity to attend
the Florida League of Cities meeting on February 9 and 10, and
at the same time the Municipal Attorneys' meeting. He said
there were panel discussions at that time, and consideration was
given to possible changes in the Sunshine Law, which would permit
Council to discuss various items and act in closed meetings.
He said one of the legal items that will be coming up for discussion
soon will be that certain work product papers, such as those
discussed today on the audit, will be privileged, as they are in
a private attorney's case. However, as yet, the Attorney General
has not supported these changes.
Mr. Henning said he is distributing to Council today, a report
outlining the items which are scheduled to go before the legislature
this year.
The City Attorney reported that at the meeting in Tallahassee,
there were discussions about Proposition #1, and the Mayor of
St. Petersburg formed a committee to oppose Proposition #1.
A meeting will be held tonight in the Fort Lauderdale City Hall.,
for the purpose of discussing Proposition i#1.
-14-- 2/22/8 4
/rb
LEGAL AFFAIRS
14. Woodmont Golf Course - Temp. Reso. #3044 - Discussion
and possible action to authorize the taking, by eminent
domain proceedings, of a piece of land for use as an
easement for spray irrigation purposes.
SYNOPSIS OF ACTION: TABLED to
reconvened meeting of 3/l/84.
City Attorney Henning said Mr. Ruf has requested this item
be deferred until Thursday, March 1.
V/M Massaro MOVED this item be tabled to the reconvened meeting
of March 1, 1984. SECONDED by C/M Kravitz.
VOTE:
ALL VOTED AYE
15. Liaison and. Aide Positions - Temp. Ord. #1089 - Discussion
and possible action to amend Chapter 2-of2-of the Code to
provide for appointment by the Mayor of liaison members to
committees and appointment by any Council member of aides.
First Reading.
SYNOPSIS OF ACTION: APPROVED as
Amended on First Reading.
City Attorney Jan Henning read the Ordinance by title. He said
he has prepared this Ordinance at the request of C/M Kravitz.
It affects twoseparate sections of the City Code under Chapter 2,
which is Administration. He said the first one is Legislative
Aides and he has outlined various guidelines which
he feels Council wants for aide positions.
Mr. Henning called Council's attention to Item C of Section I relating
to whether or not there will be any reimbursement for expenses.
He said he has indicated that the requirements be that aides
be residents of the City,that they would not receive any monetary
remuneration or salary, that they be appointed by the various
members of Council and this should be a written appointment
so that it will be official, and that it should be filed in
the City Clerk's office. He said the Ordinance states aides cannot be
elected officials or. City employees.
Mr. Henning said he inserted in the Ordinance that each Councilmember
would be limited to two aides, although he does not know whether
Council wishes to state one, two or three.
Mr. Henning said that Section 2 of the Ordinance refers to City
Council liaison positions and he has attempted to specify what
has been his understanding of the procedure for the Mayor's
appointment of liaison positions in the past. He mentioned there
is a typographical error on page 2, line 19, which should read
"reelected" and not "elected".
C/M Kravitz asked whether the City Attorney could state for the
record, that he feels Council can pass by Ordinance, that the
Mayor can appoint liaisons without changing the Charter in any
way by referendum.
City Attorney Henning stated it is his opinion this can be done.
He said the City Code contains a Chapter 2 on Administration and
he feels comfortable that the Ordinance under discussion at. -this
time is the appropriate__place for this, if Council wishes
it be specified.
C/M Krantz stated that Item C refers to aides receiving
reimbursement for expenses. Ile said there are dozens of
volunteers who do not receive any reimbursement and he does
not feel aides should .
_15-
2/22/84-
/rb
Aj
Mr. Henning said there is no reimbursement,and the Ordinance refers
to mileage. C/M Krantz said none of the committees are re-
imbursed for mileage and he does not feel aides should be.
V/M Massaro said she feels this should be deleted from the
Ordinance.
C/M Kravitz said it is his understanding that aides never
received reimbursement of any kind in the past.
V/M Massaro said there should be mention in the Ordinance of
the aides' privileges in the City. She said she does not feel
aides should have any privileges. They can assist the Councilmember
who appoints them but there should not be common privileges.
She said if records need to be researched, she feels the
Councilmember should do that and not the aide. She said aides
should not interefere with City functions.
Mr. Henning said the duties of the aides are specified on Page 1,
Line 17 which states that any City Councilmember may appoint an
aide to assist him in compiling background information on subjects
that legitimately are,or could be, of a concern to the City Council.
V/M Massaro said she feels aides should not be permitted to compile
information through staff, as that could be a nuisance. ..__ _....
C/PZ Stelzer said lie had been an aide to C/M Kravitz for several
years, and in no way did he ever interfere: with any of the staff.
The City Attorney said reference is being made to possibly ten
aides in City Hall, or perhaps Council would prefer five aides.
City Manager Stuurmans said she personally would like to see
the flow of communication between the Councilmember and the aide
as that would help the administration.. She said the aonroach _
from the Councilmember to the City Manager's office would
furnish information that the Councilmember would need for any
interest they would have in making reports or compiling data.
But, she would like it to go from the Councilmember to the City
Manager; and then for the Councilmember to instruct the aide.
Mayor Falck said lie would agree with that.
C/M Kravitz said to the best of his knowledge, this was never
handled in any other way. He said every citizen has the right to
make inquiries on their own, but at no time has an aide gone to
staff directly to obtain information. They would come to the
Councilmember who appointed them, and the Councilmember would
direct a memorandum to the City Manager asking for the information
to be given to the aide.
C/M Krantz asked whether Council would have to approve the appoint-
ment of aides; and Mr. Henning said they would not. The City Manager
said each Councilmember would make the appointment and notify the
City Clerk in writing that he has appointed an individual as an aide.
---Mr.. liennina- s i.d_Af desired, on P-a�._ ere. --it
says "City Council" the sentence, Communication with City staff
shall be through the appointing Council member" could be added.
City Manager Stuurmans said she would approve of that; and _
this is pretty much the procedure with the existing legislative aides.
C/M Kravitz suggested Item C on Line 24 of Section 1, be deleted,
and the balance of the items renumbered.
Mr. Henning asked how many aides the Councilmembers feel would
be appropriate.
Mayor Falck said he feels two would be proper; and C/M I:rantz agreed.
-16-
2/22/84
/rb
C/M Kravitz said it would depend upon the individual Councilmember
and there might be a preference for three. He asked whether the
number.of aides must be limited.
City Attorney Henning said he thought by limiting the number
of aides, it would give some dignity to the position.
C/M Kravitz said the Councilmember would take that into con-
sideration.
V/M Massaro said there would not be sufficient space for too
many aides in the office; and C/M Kravitz said the aides do
not come into the office at any time.
C/M Kravitz asked if there could be a compromise by stating,
"no more than three".
V/M Massaro said she feels it should be "no more than two" and
C/M Krantz agreed.
V/M Massaro said if at any time a third aide is needed, it
could be reconsidered.
C/M Stelzer said he is not sure exactly how much work can be
assigned to aides. He said for example, C/M Kravitz has always
had accounting work, and there were three aides to assist him.
C/M Kravitz said at one time, he had more than three aides
as work had to be done on investments as well as other problems.
He said if a Councilmember is liaison to various committees,more
assistance would be required. He said he would be comfortable
if the Ordinance would read, "not more than three". Then it
would be up to the Councilmember to decide whether they want
to appoint one, two or three, or perhaps none. He feels this
should be left to the discretion of the Councilmember.
Mr. Henning said that would appear on Page 2, Line 6 of the
Ordinance.
C/M Kravitz MOVED to adopt Temp. Ord. #1089 as amended, on
First Reading. SECONDED by C/M Krantz.
Mrs. Melanie Reynolds, resident, said she objects to this ;Ordinance.
She said an Ordinance is supposed to have one subject, and
this Ordinance has two subjects. She said in addition, the
Ordinance should state that the aides are under the Sunshine
Law.
City Attorney Henning said the Florida Statutes would apply.
He said aides do not fall under the Sunshine Law in the sense
that they are not elected officials and therefore, an aide
and a Councilmember can meet in private.
Mrs. Reynolds said that the Attorney General's Opinion states
that unless it is specified in the Charter,the Mayor may not
appoint liaisons. She said she provided Mr. Henning with a copy
of that Opinion.
Mrs. Reynolds said in the past, Council has accepted the
Attorney General'rsOpinions as gospel, and she feels this time
Council should observe his Opinion as well.
Mr. Henning said he will recheck the Opinion referred to by
Mrs. Reynolds, but he sees no problem with this.
VOTE: ALL VOTED AYE
--17- 2/22/84
/rb
16. Florida Consumers Federation Vs.__Sit of Tamarac - Status
Report and discussion and possible action.
SYNOPSIS OF ACTION: Report given by
City Attorney.
City Attorney Henning said that Chris Carsky now advises that
there was a pre-trial conference held on February 17, 1984, at
which time it was clear from her observations that the Judge
does not expect to have a long drawn out case and is hoping to
have a settlement.
Mr. Kenning said that Chris Carsky also states there is some
sympathy from the court about late night dolicitation, due to
the crime wave of the last few years; and therefore, the original
arguments about 9:00 P.M. solicitation have not taken hold in
this case.
The City Attorney said that Tamarac's proposal for 9:00 P.M.
Solicitation in shopping centers was rejected by the court.
However, there is an understanding that if the City would permit
solicitation until one-half hour after sunset,there could be
either a settlement or a court determination whereby the Judge
would say it is adequate regardless of whether the opposition
agrees or not. Mr. Henning said the City is close to an
understanding at this time and this is what the Court is attempting
to accomplish.
17. Solicitors and Canvassers - Temp. or 41090 - Discussion and
possible action to amend Chapter 2 of the Code and
Ordinances 83-6 and 83-35 to revise the hours for solicitation
or canvassing. First Reading.
SYNOPSIS OF ACTION: Approved on
First Reading.
Mr. Henning said he has prepared a new Ordinance which states
that solicitation be permitted from 9:00 A.M. to one-half hour
after sunset.
Mayor Falck said he would prefer no action be taken on the
Ordinance until the case is settled.
Mx. Henning explained that from a settlement standpoint, the
City wants an affirmation from the opposition that this is accept-
able to them, as otherwise, the City is only wasting time.
The Mayor said the court case involves only one particular group
and over the next few months, there could be twenty-five different
groups doing the same thing. Therefore, he feels the City should
wait until it is known what has been decided as relates to
solicitation before action is taken on the Ordinance.
Mr. Henning stated that if the Ordinance is passed, Chris Carsky
advises the new Ordinance would be filed with the Court and it
is possible the Court would rule in Tamarac's favor that the
new Ordinance is fair. Therefore, a settlement would not be
needed and there could be a court determination; and that would
be the advantage of having the Ordinance.
City Attorney Jon Henning read the Ordinance by title.
V/M Massaro MOVED the adoption of Temp. Ord. #1090 on First
Reading. SECONDED by C/M Krantz.
VOTE: ALL VOTED AYE
-lg- 2/22/84
/rb
18. Parking on Ungayed Lands - Tema. Ord. #1077 - Follow-up
of Council Workshop meeting on 2/16/84 - Motion to deny.
Discussion and possible action. First Reading (tabled
from 12/l/83).
SYNOPSIS OF ACTION: DENIED on
First Reading.
City Attorney Jon Henning read the Ordinance by title.
C/M Kravitz MOVED to Deny Temp. Ord. #1077. SECONDED by
C/M Krantz.
VOTE: ALL VOTED AYE
THE MEETING WAS RECESSED AT 11:40.A.M. FOR LUNCH.
-19- 2/22/84
/rb
L 71
B L A Id K P A G B
—20-
2/22/84
/rb
F7
Tape Mayor Falck called the meeting to order at 1:30 P.M., Roll Call
4 was taken and all were present.
CONSENT AGENDA
5 d) Alan F. Ruf -- Consulting City Attorney-.2/17/84 - $3,129.00 -
Approval recommended by City Attorney.
SYNOPSIS OF ACTION: REMOVED (See Page 9).
APPROVED.
Mayor Falck said the backup material was presented on this and he
would suggest approval. C/M Kravitz MOVED APPROVAL of Item 5 d),
SECONDED by C/M Krantz.
Melanie Reynolds said in Mr. Ruf's accounting of time spent on City
business, he has two concerning the Charter Board, on both 2/5 and
2/9. She said the Charter Board did not request his presence.
Mr. Henning said he was attending the League of Cities meeting on
2/9 on behalf of the City in Tallahassee and he could not be in
attendance at the Charter Board meeting. He said he, therefore,
requested that Alan Ruf attend the meeting on his behalf. He said
the monies due Mr. Ruf on this bill, and the items referring to
the Charter Board, do not come from the Charter Board budget but
from the City Attorney's Professional Services. Ms. Reynolds said
she objects to the City Attorney or his representative being present
at the Charter Board meetings without specifically being requested
by the Board.
Mr. Henning said he did not attend the last meeting but he has
received a letter from the Charter Board attorney, Louis Schiff,
raising some legal questions and this was on the agenda. He said
these are legal matters and he thought it was appropriate to have
legal representation. He said Mr. Jerry Heffernan from Bond Counsel
office was also in attendance at that Charter Board meeting at the
request of Mr. Ruf, the City Manager and himself because there were
serious questions raised in this letter that was on the agenda about
the propriety of the City Hall sites.
Mayor Falck said it is his belief that the City Attorney has the
right and obligation to attend any meetings he feels are necessary.
VOTE:
COMMITTEES AND BOARDS
4. Investment Advisory
and possible action
from 2/8/84).
SYNOPSIS OF ACTION: APPROVED
appointing Melvin Feldman for
a term to expire in 5/84.
ALL VOTED AYE
Committee - Temp_. Reso._ #2982 - Discussion
to appoint members to this committee (tabled
RESOLUTION NO. R-84- L1(-P PASSED.
Mr. Henning read the Resolution by title and Mayor Falck nominated
Melvin Feldman for appointment to the Investment Advisory Committee.
C/M Krantz nominated Henry Schulman and Mayor Falck said he has not
seen his application and has not interviewed him which he should do
as liaison to this Committee. C/M Krantz withdrew his nomination
until the next meeting. C/M Stelzer MOVED APPROVAL of Temp. Reso.
#2982 appointing Melvin Feldman to this Committee for a term to
expire in 5/84. SECONDED by V/M Massaro.
Mayor Falck said he will review Mr. Schulman's application before
the Reconvened Meeting of 3/l/84.
VOTE: ALL VOTED AYE
- 21 -
2/22/84
/pm
COMMUNITY DEVELOPMENT
20. Woodview Tract 38 - Model Sales Facility - Discussion and
possible action to renew a model sales permit (tabled from
1/25/84).
SYNOPSIS OF ACTION: TABLED.(See Page 25).
The City Attorney is to contact
Mr. Grossman concerning the
arrears owed the City.
Mr. Henning said he has been in conversation with Mr. Grossman
over the past several weeks but not in the last few days. He
said there is a take -down due for the connection charges and
Mr. Grossman told him that he was told when he paid $1,000 for
the first 25% ($1,000 per unit), that there would be no other
increases. Mr. Grossman was supposed to get some new financing
arrangements but he has not heard anything from him. He said he
can be authorized to issue a default or cancellation of the
agreement or it can be delayed or Mr. Grossman can be requested
to attend and make explanations. V/M Massaro said enough time
has passed and Mr. Grossman should be contacted since he was
given the opportunity to phase his project and he chose not to
but has not paid either.
V/M Massaro said this item should be Tabled to the Recessed
Meeting with a decision of intent from Mr. Grossman. If he
chooses to phase the project, this can be acted on to postpone
it to the next regular meeting to allow him time to do the
phasing. C/M Kravitz said according to the records there are
CIACs due from August amounting to $122,782.50 with Interest of
$2,611.99, past due Guaranteed Revenue of $2,995.84 making a
total of $128,390.33. He said this should not be tabled to
the Recessed Meeting of 3/l/84 . unless he pays this amount,
V/M Massaro said there are various agreements with several
conditions and she MOVED to TABLE this item to the Recessed
Meeting of 3/l/84 and the City Attorney is to contact Mr.
Grossman and bring definite information to Council with a
recommendation. SECONDED by C/M Krantz.
VOTE: ALL VOTED AYE
21. Versailles Gardens - Sign Waiver - Temp. _Reso. #3031 - Dis-
cussion and possible action to extend a sian waiver granted
for a temporary directional sign at the northwest corner
of NW 80 Avenue and McNab Road.
SYNOPSIS OF ACTION: APPROVED RESOLUTION NO. R-84-�WPASSED.
with conditions.
Mr. Henning read the Resolution by title and V/M Massaro asked
the City Manager if there is an extension of this agreement.
City Manager Stuurmans said this is a renewal and she does not
know if in the original approval the owner gave them one on a
continuing basis or if it is required that the owner gives a
renewal. She said she would check this. V/M Massaro MOVED to
APPROVE Temp. Reso. #3031 subject to the proper authorization
being on file, if�not, Tthen it would come back to Council for
further consideration. SECONDED by C/M Krantz.
VOTE:
ALL VOTED AYE
- 22 -
2/22/84
/pm
22. Coldwell Banker - Sign Waiver - Temp. Reso. #3032 - Dis-
cussion and possible action to extend a sign waiver granted
for a temporary ground sign at the Colony Springs Professional
Building, 8333 West McNab Road,
SYNOPSIS OF ACTION: APPROVED RESOLUTION NO. R-84- .PASSED.
with conditions.
Mr. Henning read the Resolution by title and V/M Massaro MOVED
APPROVAL of Temp. Reso. #3032 subject to the proper authorization
and, if not, it would come back to Council for further consideration.
VOTE: ALL VOTED AYE
24:� Lakeside Plaza - Discussion and possible action on:
a Release of a performance bond posted for public improve-
ments upon receipt of a one-year warranty bond - Temp.
Reso. #3034
b) Acceptance of the Bill of Sale for the water distribution
and sewage collection system improvements - Temp. Reso.
#3035.
SYNOPSIS OF ACTION: RESOLUTION NO. R-84- PASSED.
a APPROVED. The Engineering Department RESOLUTION NO. R-84- PASSED.
is to notify them that the canal bank
is not being maintained properly.
b) APPROVED.
a) Mr. Henning read Temp. Reso. #3034 by title and V/M Massaro MOVED
release of the performance bond subject to receipt of the warranty
bond for a one-year period, SECONDED by C/M Krantz. V/M Massaro
said the Engineering Department is to notify them that the canal
bank is not being maintained properly and this must be corrected.
VOTE:
ALL VOTED AYE
b) Mr. Henning read _Temp. Reso. #3035 by title and V/M Massaro MOVED
APPROVAL of Temp. Reso. #3035, SECONDED by C/M Krantz.
VOTE: ALL VOTED AYE
25. Fairways III - Bond Release - Temp. Reso. #3036 - Discussion
and possible action to release a warranty bond posted to
guarantee public improvements.
SYNOPSIS OF ACTION: APPROVED.
RESOLUTION NO. R-84- ,�5 ,?- PASSED.
Mr. Henning read the Resolution by title and C/M Kravitz said there
are guaranteed revenues that are due on 3/23/84 and V/M Massaro
said the work has been completed and has been approved and the
guaranteed revenues are not due as yet. She MOVED APPROVAL of
Temp._ Reso. #3036 releasing a warranty bond, SECONDED by C/M
Krantz.
VOTE:
ALL VOTED AYE
28. Southgate Gardens East/Mission Lakes - Warranty Bond - Temp.
Reso. #3042 - Discussion and possible action to call a
warranty bond posted for public improvements.
SYNOPSIS OF ACTION: TABLED to the
Reconvened Meeting of 3/l/84.
Mr. Henning read the Resolution by title and said he has received
notification that Mr. Toll's office has arranged an extension to
6/30/84 and that the bond does not expire until 3/13/84. V/M
Massaro MOVED to TABLE this item to the Recessed Meeting of 3/1/84
SECONDED by C/M Krantz.
VOTE: ALL VOTED AYE
- 23 -
2/22/84
/pm
PUBLIC HEARING
11. China Brother, II, Inc., d/b/a P�iongoli_a_n Bar-� - Special
Exception Petition #3-Z-84 - Temp. Reso. #3021 - Discussion
and possible action on a request for special exception to
permit a restaurant in Bays 3 through 7 of Village Square,
6277-6315 N. University Drive, which is zoned B-1 (Neighbor-
hood Business).
SYNOPSIS OF ACTION: Public Hearing
washeld and the Petition DENIED.
Mr. Henning read the Resolution by title and said there was some
controversy about the numbers on that building because those were
the.numbers assigned by. the Post Office. Mayor Falck_.opened the
public hearing. Ben Jacofsky, resident of Concord Village, said
they are opposed to this restaurant for several reasons:
1. they have been tolerating terrible odors from the utility and
this would be an added nuisance.
2. they were fearful of rodent problems.
3. there are already several restaurants from McNab Road to
.Commercial Boulevard.
4. Concord Village's parking will be overrun with excess parking
from this restaurant.
5. their property value will go down.
Henry Farbman, member of the Board of Directors of the Concord
Village Recreation Association read a letter into the record
stating their objections (See Attachment 1). Monsignor Donnelly,
Pastor of St. Malachy's Church, said be objects to this and he
cited this as a violation to Section 39-291, Article 17 of the
County Code which states that no liquor license will be granted
to anyone,within 1,000 feet of a church or school. He said the
City is not bound by the County Code but there are only 258 feet
from the property line of the Church to the Village Square edifice.
Morton Student, resident, said if the Planning Commission objected
to this after researching it, than Council should also object.
Ray Munitz, President of the Presidents Council said they urge
Tape denial of this petition. Blanche Lustig, resident, expressed
5 concern over the rodent problem this restaurant could cause.
Joseph Polonetsky, resident, said the type.of cooking that this
restaurant would have would create smells as well as a fire hazard.
V/M Massaro MOVED DENIAL of Temp. Ord. #3027, SECONDED by C/M Krantz.
VOTE: ALL VOTED AYE
12. China Brother II, -Inc., d/b/a Mongolian Bar-B- - Special
Exception Petition #4-Z-84 - Temp_. Reso. #3028 - Discussion
and possible action on a request for special exception to
allow on -premises consumption of alcoholic beverages in con-
junction with a proposed restaurant in Village Square, 6277-
6315 N. University Drive, which is zoned B-1 (Neighborhood
Business).
SYNOPSIS OF ACTION: Public Hearing
was held and the Petition DENIED.
Mr. Henning read the Resolution by title and Mayor Falck opened
the public hearing. Monsignor Donnelly, Pastor of St. Malachy's
reiterated his previous objections. John Lachmann, resident,
questioned what the City Code stipulates as prohibited distance
from a school or church and Mr. Henning said he is uncertain but
he believes it is 250 feet. Mr. Henning said if anyone is interested
in referring to this record in the future, they should also refer
to Item 11 and the comments contained therein should be considered
for Item 12 as well. V/M Massaro MOVED DENIAL of Temp. Reso. #3.028.
SECONDED by C/M Krantz.
VOTE:
ALL VOTED AYE
24 _ 2/22/84
/pm
13. Lawrence D. Kramer - Special_ Exception Petition #5-Z-84 -
TeU . Reso. #3029 - Discussion and possible action on a
request for special exception to permit an adult congregate
living facility/convalescent home in a B-6 (Planned Business)
district at the southeast corner of NW 94 Avenue and NW 58
Street.
SYNOPSIS OF ACTION: TABLED until
the necessary information from the
Broward County Planning Council is
available to Council.
Mr. Henning read the Resolution by title and Richard Rubin said
the City has received an application for an adult congregate
living facility which would be the first one in Tamarac. This
is to be located on NW 94 Avenue on the east side across from
Visual Graphics, north of Commercial Boulevard. He said the land
use of that parcel is Commercial and the zoning is B-6 and the
City zoning allows convalescent homes by special exception.
He said the Land Use Plan, under "Uses Permitted in Commercial
Areas", states "hotels, motels, and other tourist attractions..."
He said the next closest use is Community Facilities, the
definition is that it must be governmentally sponsored and a
non-profit organization. He said this project is a private
project and there are no government subsidies, yet members of
the Broward County Planning Council have told him it would not
satisfy government sponsored requirements.
Mr. Rubin said they have tried to deal with this problem during
the rezoning process and, as of today, they still cannot get the
County Planning Council to agree that this is consistent with the
Land Use Plan. He said the applicant has not submitted any
information to the City showing that this project is in com-
pliance, therefore, he recommended that the project not be
approved today. Lawrence Kramer, applicant, said he was advised
by Mr. Rubin on 2/14/84 that this question had arisen and he
wrote to the Chief Planner of the Broward County Planning Council
and submitted a copy of the letter to Mr. Rubin. He said to this
date he has not received a reply and he requested this matter be
deferred until he is able to get the necessary information.
C/M Krantz said because of its proximity to the Temple, there is
a need for residences in this location so that people can walk to
the Temple. Mr. Henning said this is a business zone not a
residential zone and the type of facility they are proposing is
generally located in business zoning and not residential zoning.
Mr. Kramer said he has received very positive responses on this
project. Mayor Falck said the Chair will rule that the public
hearing will be held as advertised and he opened the public
hearing. Monsignor Donnelly said he was here when the presenta-
tion was made to the Planning Commission and he endorses this
project. Mayor Falck closed the public hearing. C/M Kravitz
MOVED to TABLE this item until the information from the Broward
County Planning Council is available to Council. SECONDED by
C/M Krantz.
VOTE: ALL VOTED AYE
COMMUNITY DEVELOPMENT
20. Woodview Tract 38 - Model Sales Facility - Discussion and pos-
sible action to renew a model sales permit (tabled from 1/25/84).
SYNOPSIS OF ACTION: (See Page 22).
TABLED. The City Attorney is to
contact Mr. Grossman concerning
the arrears owed the City.
Mayor Falck said this was discussed previously and the item was
Tabled to the Reconvened Council Meeting of 3/l/84; however, it
was noted that Mr. Grossman is in the hospital and this Motion
should be restated to Table without a specific date.
- 25 -
2/22/84
/pm
V/M Massaro MOVED that this item be taken off the table and heard
at this time, SECONDED by C/M Krantz.
VOTE:
ALL VOTED AYE
V/M Massaro MOVED that this item should be TABLED until the City
Attorney has had an opportunity to speak with Mr. Grossman at an
appropriate time, SECONDED by C/M Kravitz.
VOTE:
ALL VOTED AYE
29. Garfin_k_el Professional Building - Discussion and possible
action on cancellation of the Water and Sewer Developers
Agreement.
SYNOPSIS OF ACTION: The City Attorney
was
and
for
authorized to void the Agreement
prepare the necessary documents
Council's approval.
Mr. Henning said Dr. Garfinkel had plans to build an office build-
ing and the City executed a Water and Sewer Developers Agreement
with him dated 8/7/80. The property was then sold and the plans
were abandoned and it was stated at the time of the sale that he
wanted the 2-1/2 ERCs to remain as an asset on the land and that
the guaranteed revenues would be continued. He said it appears
now that the property has been sold and that they want to cancel the
guaranteed revenues. He said the City would not refund the
contribution charges nor any previously paid interest for guaranteed
revenues. fie said the arrears would amount to less than $80 and
it would be appropriate for him to prepare a document defaulting
and voiding the Water and Sewer Agreement, recording same and
this would clear matters for the future. Mayor Falck said there
should be a Motion to authorize the City Attorney to prepare the
necessary documents for Council's approval and C/M Krantz so MOVED.
SECONDED by C/M Kravitz.
VOTE: ALL VOTED AYE
30. NW_61_Street Realignment - Status report, and discussion and
possible action.
SYNOPSIS OF ACTION: V/M Massaro
gave a report.
V/M Massaro said the County Commission was in general agreement
with the possibility of 50/50 costs on this street realignment
and the -City had a tentative approval of the plan from the State. She
said the State has approved the concept in its entirety and the
City Engineer is now preparing the detailed drawing and expects
to have it done very quickly. She said this will go to the State
for their estimated costs to be presented to the County Commission
at which time a definite decision will be made by them as to the
breakdown of costs.
C/M Stelzer requested a verbatim of this item for Council's files
and V/M Massaro asked the City Manager to follow this up to avoid
delays on the part of the Engineering Department. Mr. Henning
said they were instructed by the County Commission to be in
contact and work with both the County Administrator and County
Attorney's offices. The County Attorney's office would be pre-
paring the appropriate contract for the sharing of the costs of
the realignment and it appears that the next move is on the County.
The City Manager said the City Engineer is getting the descriptions
and graphics for the additional piece of land that St. Malachy's
Church is donating in order to facilitate the realignment. V/M
Massaro said this must be signed by the Church representatives,
but the County, although they said they would prepare the agree-
ment, cannot prepare it until the State determines a cost for them.
- 26 -
2/22/84
/pm
31. Drainage Improvements in the City - Discussion and possible
action. �
SYNOPSIS OF ACTION: No discussion.
No discussion.
35. 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 - Teng._ 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 - Temp. Reso. #2940
(tabled from 1/30/84) �.... -�
SYNOPSIS OF ACTION: Agendized by Consent.
(See Page 21). TABLED to the Reconvened
Meeting of 3/l/84.
V/M Massaro said this was tabled because there was a question as
to how much was owed for Parks and Recreation Fees. She said the
applicant decided on a certain number and when they were referred
to the stipulation, it was determined that there was an Ordinance
which provided that they could give a dedication of the land to
be used for Parks and Recreation purposes. She said this required a
parcel of 2.6 acres to be dedicated by the applicant.
She said she informed them they could do that subject to a further
review by Council as to the appropriate location not being among
retirement communities because it would be an active park.
Mayor Falck said this will be discussed again for Council to make
a final determination at the Reconvened Meeting of 3/1/84. V/M
Massaro suggested that Richard Rubin, through the City Manager's
office, call Mr. Riggins and advise him to bring the fees due.
36. Traffic Safet "and'Sidewalks - Discussion and possible action.
SYNOPSIS OF ACTION
(See Page 3).
Agendized by Consent.
C/M Stelzer said last week there was a fatal accident at the location
of Lagos de Campo and iJMcNab Rd. He said he spoke with Police Chief
McIntosh to determine what might be done to prevent these things
and he suggested they might put in "Walk" and "Don't Walk" signs
at busy crossings. He said the crossings at University Drive and
McNab Road are terrible and the Chief said they will have a difficult
time getting the DOT to take care of that since they are more
interested in the flow of traffic than the flow of people. C/M
Stelzer asked if there is any way the City can get a survey as to
where dangerous corners are and request the DOT to install "Walk"
and "Don't Walk" signs. He said putting "Yield to Pedestrians"
signs do not mean very much when someone is in a hurry.
V/M Massaro said she will put a request in for this and will
mention some areas, particularly on Commercial Blvd., where there
are "Walk" signs that are just not long enough. She said Brookwood
and McNab Rd. is another location where this is needed. Mayor
Falck said some people from Section 14 said there was an accident
and the people are contending there are no signs on Brookwood and
they have no way of getting across. He said this is being checked
and there is a report to be filed with Council by 3/l/84.
- 27 - 2/22/84
/pm
C/M Stelzer said another area of concern which he discussed with
the Police Chief is people walking along Pine Island Rd. and he
suggested a sidewalk be installed along there. He said he spoke
to Bob Foy, Assistant City Engineer who gave him an approximate
figure of $25,000 to $30,000 for an asphalt sidewalk installed
from McNab Rd. to 57th St. He said there are sidewalks from
Lime Bay to the golf course and they begin again at Paradise
Estates with none from that point. He said he spoke with Greg
Turek, Public Works Director, who said he can get the entire
sidewalk installed with only approximately $7,000 in materials.
Mr. Turek said he has the equipment and the manpower needed for
this. C/M Stelzer said using the sidewalks that are in place
now, he might even be able to install them around the corner of
57th St. towards the Temple.
C/M Stelzer said if we can save even one life it would be worth
it and he would like Council to authorize the City Manager to
approve the expenditure and move forward on this. V/M Massaro said
in the area of the golf course, one of the requirements will be
that they put in their portion of sidewalks. She said it would
be foolish to install an asphalt sidewalk there now because in
very short order they will be required to install a concrete one.
Mayor Falck requested that the City Manager get the necessary
information from Mr. Turek and report to Council at the next
regular meeting. No Motion was necessary.
REPORTS
32. City Council
C/M Krantz said elections are only a few weeks away and he wanted
to thank Council and staff for their cooperation and assistance
Tape during his years on the Council.
6
C/M Stelzer - No report.
C/M Kravitz - No report.
V/M Massaro - No report.
Mayor Falck No report.
33. City Manager Report
Laura Stuurmans said the slide presentation on the Bond Issues was
Presented 3 times yesterday and several good comments
were received. She said this presentation will be taken on the
road and the next presentation will be on Tuesday, 2/28/84 with
a number of other dates lined up. It will be shown to Board and
Committee members on Wednesday, 2/29/84.
34. City Attorney Report
Jon Henning said the County had the public hearing on Headway and the
owners, Mr. Gibb and his corporation have made a commitment to
Lauderdale Lakes. He said there was a very receptive response
from the County Commission at the last meeting on 2/16/84 con-
cerning the ambulance update. He said the. County changed the
districts from 6 to 5 and there are 3 ambulance companies
operating. He said their certificates have gone from 3 to 5
years and the Medics Ambulance Co. has assigned a contract for
Tamarac, Zone 2, which includes Coral Springs, Parkland and some
areas of Sunrise. He said they are aware of Tamarac's intention
to have an ambulance business and they will cover our area until
we can begin operating. We will have a meeting with them to get
a Letter of Understanding from them.
Mr. Henning said they are anticipating beginning the ambulance
program by 6/1/84 but there must be procedures and guidelines
determined before this can begin.
- 28 - 2/22/84
/pm
Mr. Henning said the contract is in his possession and is being
used with the County and the base charge is $80 plus $3.25 per
mile for each ride. He said there are subsidies in some areas
that are being phased out by the County butTamarac's zone does not
have subsidies because there has not been a serious correction
problem. He said he has a request for release of a $150
Performance Bond regarding a Burglar Alarm company, Crime
Fighters Systems, Inc. and he will investigate this before the
3/l/84 Reconvened Meeting. He said he was requested to get
information on franchise fees for various long distance services
such as SPRINT and he will investigate this further.
The meeting was recessed until 9:00 A.M. on Thursday, March 1,
1984.
ATTEST:
AS ISTANT CITY CLERK
This document was promulgated at a cost of $ --2- 5�-< 3 6, or $
per copy to inform the general public and public officers and
about recent opinions and considerations by the Council of the
Tamarac.
employees
City of
- 29 - 2/22/84
/ pm
CITY OF TAMARAC
APPROVED AT MEETING O e S�
City Cler#
2/22/84 mtg. ATTACHMENT 1 - Item 11 - China Brother II, Inc.
d/b/a Mongolian Bar-B-Q - Special
Exception Petition #3-Z-84
CONCORD VILLAGE RECREATION ASSOCIATION, INC.
6501 N. University Drive • Tamarac, Florida 33321 • (305) 726.0460
Febriary 23, 1984
Tamarac City Council
Pine Is land Road
Tamarac, Florida 33321
Gentlemen:
The Board of Directors of Concord Village Recreation Association,
Inc, object with all vigor the granting of a permit to the
Mongolian Bar B-Q Restaurant at 6315 University Drive.
Please be advised we are a viable constituancy of over one
thousand voters.
We feel this facility will be deleterious to our life-style.
Again we ask you to deny this permit.
Respectfully yours,
CONCO ILItPE RECREAT N ASSOCIATION, INC.
Ir ing Goldber , President of the B and