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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