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HomeMy WebLinkAbout1984-04-25 - City Commission Regular Meeting Minutes�aF r.rq ��Op1DP P.D. BOX 25010 TAMARAC, FLORIDA 33320 FIRST CLASS MAIL CITY OF TAMARAC, FLORIDA CITY COUNCIL REGULAR COUNCIL MEETING WEDNESDAY, APRIL 25, 1984 CALL TO ORDER: 9:00 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 City Manager Stuurmans of a 15-year service award to John Glynn, City Clerk's office. 2. Kiwanis Club - Presentation by Richard Entin of a donation to the City to be used for a scoreboard for Tamarac Park. 4/25 -- Pg. 2 Award presented by City Manager. 4/25 - Pg. 2 Check for $1500 presented to Recreation Dir. 3. Welcomin Committee - Presentation of Certificates of 4/25 - Pg. 10 Appreciation by Mayor Kravitz to the 1983/84 members. Presented by -Mayor & Chr rsn. 4. Holocaust - Presentation of a proclamation by Mayor Kravitz 4/25 - Pg. 2 designating April. 29 - May 5, 1984, as "Days of Remembrance" Presented by -Mayor Kravitz. 5. Small Business Week - Presentation of a proclamation by Mayor Kravitz designating May 6 - 12, 1984, as "Small Business Week". 6. Cancer Hotline - Presentation of a proclamation by Mayor Kravitz designating May 8 - 14, 1984, as "Cancer Hotline Week". 7. Armenian Martyrs -- Presentation of a proclamation by Mayor Kravitz designating April 24, 1984, as "Armenian Martyrs 4/25 - Pg. 2 Presented by Mayor Kravitz. 4/25 - Pg. 2 Presented by Mavor Kravitz. 4/25 - Pg. 2 Presented by Mayor Kravitz. Day". 4/25 - Pg. 2 8. Week of the Ocean - Presentation of a proclamation by Mayor Presented by Kravitz designating April 24 - 30, 1984, as "Week of the Mayor Kravitz. Ocean". 4/25 - Pg. 3 9. Better Water for People - Presentation of a proclamation by Presented to C/En Mayor Kravitz designating May 7 - 11, 1984, as "Better by Mayor Kravitz. Water for People Week". BOARDS AND COMMITTEES 4/25 - Pg. 3 Appointed Joe 10. of Adjustment - Temp. Reso. #3100 - Discussion and Lubin, expires _Board possible action to appoint an alternate member to this board?/8/84. 11. Commissioners of Human Relations - Tem Ord. #1111 Dis ��.._ - - 4/25 -Pg. 8 cussion and possible action to create a new section in APPROVED as Chapter 2 of the Code to p provide for up to two ( 2 ) amended on Commissioners. First Reading. First Readin . PAGE TWO CONSENT AGENDA 12. Items listed under Item #12, 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) Alan F. Ruf - Consulting City Attorney - 4/18/84 - $1,800.00 - Approval recommended by City Attorney. b) Muller, Mintz, Kornreich, Caldwell, Casey, Crosland & Bramnick, P.A. Labor Counsel - 4/5/84 - $28.10 - Approval recommended by City Manager. c) Shailer, Purdy & Jolly - Counsel for contraband forfei- tures - Services for March - $791.93 - Approval re- commended by City Attorney. d) Acknowledge and express thanks to the following establishments for their donations to Health Fair 1984 - City of Tamarac: Publix (88 Avenue and Southgate Blvd.) Denny's McDonalds ( " �� Pizza Hut Piccadilly Cafeteria Bagel -and Publix (McNab Rd. and University Dr.) KC's Commonwealth Bank Albertson's McDonald's (Commercial & University) Randy's Ribs Kentucky Fried Chicken Deli Tyme Publix (Sunshine Plaza) Deli Warehouse Dunkin Donuts Chicken Plus Bagel Stop Orangery Winn Dixie Bell's Deli e) Authorization for payment to Tamarac Paint and Body for repairs to Utility West Vehicle #431 in the amount of $2,585.98. f) Authorization to purchase optical character reader equip- ment from Augmented Computer Technologies, Inc., in the amount of $8,900.00, as a sole source item. g) Authorization to purchase one Jacobsen Turf King II Riding Mower with catcher for Tract 27, under Federal Contract in lieu of going to bid, in the amount of $9,655.00. h) Bid Authorization for construction of a ground storage tank on Tract 27 - Approval to remove this item from the agenda. Recommended by City Engineer. i) Lease Agreement with Bay Colony for Recreation Department Activities - Approval to extend the tabling action to a future meeting. Recommended by City Attorney. GENERAL ADMINISTRATIVE/FINANCIAL 13. Bid Award - Tamarac Park - Temp. Reso. #3099 - Discussion and possible action to award a bid for a utility shed. - 14. Utilities West - Spray Irrigation - Phase 2 Design Work - Presentation by a representative of Williams, Hatfield & Stoner, Inc., along with the City Engineer. Discussion and possible action. 15. Selection of Auditor - Discussion and possible action to determine the next step in the selection procedure of City Auditor for Fiscal Year 1983/84. 4/25 - Pg.12&14 REMOVED a) and APPROVED. APPROVED b) through f) and h) and i) . -25 - Pg. 12 eso. #R-84-120. PPROVED. -25 - Pg. 5 PPROVED subject o State's riority list. /25 - Pg. 15 .fter rest of ,trs/Engagement, nterviews will e Touche-Ross, eat Marwick itchell & Alex- nder Grant. PAGE THREE 16. Tamarac Wildlife Preserve Walkway - Report by the City 4/25 - Pg. 6 Engineer. Discussion and possible action. Report. No action re uired. 17. Consumer Days - Discussion and possible action to establish 4/25 - Pg. 13 "Consumer Days" in the City. APPROVED concept Consumer Board 18. Grants - Status report by Mitchell Ceasar, Grants Consult- to report. ant. Discussion and possible action. 4/25 - Pg. 27 Report given. 19. Broward League of Cities Business - Discussion and possible 4/30 - Pg. 1 action. Report given by Mayor. PUBLIC HEARINGS - 2:00 P.M. 20. All Service Refuse Company - Commercial Garbage Collection Franchise -- Temp. Ord. #1104 - Discussion and possible action to renew this franchise for one year. Second Reading. 21. Browning Ferris Industries of Florida, Inc. - Commercial Garbage Collection Franchise - Temp. Ord. #1105 _ Dis- cussion and possible action to renew this franchise for one year. Second Reading. 22. County Waste, Inc. -- Commercial Garbage Collection Fran- chise - Temp. Ord. #1107 -- Discussion and possible action to renew this franchise for one year. Second Reading. 23. Industrial Waste Services, Inc. - Commercial Garbage Collection Franchise - Temp. Ord. #1106 - Discussion and possible action to renew this franchise for one year. Second Reading. 24. Ronkoma Corporation - Commercial Garbage Collection Fran- chise - Temp. Ord. #1108 - Discussion and possible action to renew this franchise for one year. Second Reading. 25, Southern Sanitation Service - Commercial Garbage Collection Franchise - Temp. Ord. #1109 - Discussion and possible action to renew this franchise for one year. Second Read- ing. 26. Veterans Affairs Committee - _Temp. Ord._#1-098 - Discussion and possible action to create a new section in Chapter 2 of the Code to provide for a Veterans Affairs Committee. Second Reading. 27. Land Use Plan Amendment - Petition #2-LUA-84 - Temp. Ord. #1100 - Discussion and possible action to change the Land Use designation of a parcel of land 400-feet in width by 400-feet in depth located on the north side of Westwood Drive, approximately 400-feet east of Nob Hill Road, from Institutional to Residential Medium (15 DU/AC). Second Reading. 28. 'Poll Development Corp. - Rezoning Petition #8-Z-84 - Temp. Ord. #1101 - Discussion and possible action to rezone lands on the north side of Westwood Drive, approximately 400-feet east of Nob Hill Road, from I-1 (Institutional) to R-4A (Planned Apartment). Second Reading. a) Acceptance of Affidavit of Publication and Affidavit of Posting. b) Consideration of application. 4/25 - Pg. 17 Ord. #0-84-15. APPROVED on Second Reading_ 4/25 - Pg. 17 Ord. #0-84-16. APPROVED on Second Reading. 4/25 Pg. 17 Ord. #0-84--17. APPROVED on Second Reading. 4/25 - Pg. 17 Ord. #0-84-18. APPROVED on Second "Readin;,j>_ 4/25 - Pg. 18 Ord. #0-84-19. APPRGVLD or, Second Reading. 4/25 -- Pg. 18 Ord. #0-84-20. APPROVED on Second Reading. 4/25 - Pg. 18 Ord. #0-84-21. APPROVED on Second Reading. Apptmts at next regular meeting. 4/25 - Pg. 19 TABLED. 4/25 - Pg. 24 a) ACCEPTED. b) TABLED. 29. Land Use Amendment - Petition #4-LUA-84 -- Temp. Ord. #1112 - 4/25 - Pg. 24 Discussion and possible action to change the Land Use APPROVED on designation of a parcel of land containing approximately First Reading. 14.814 acres and located on the north of Sunshine Plaza and west of the Commercial Shopping Plaza on State Road 7, from Commercial to Low/Medium Residential. First Reading. PAGE FOUR 30. American Cablesystems - Temp. Ord. #1110 - Discussion and L7hen - Pg.'25 possible action to amend the rates charged by this company VED incrse for cable television service. Second Reading. months, review. Lin aLH'lWAS QLA111.14 /25 - Pg. 9 1. Construction o New City Ha an y Police Station - Ted. Reso. #R-84-121. Reso. #3101 - Discussion and possible action to authorize APPROVED. the issuance of general obligation bonds in an aggregate, principal amount not to exceed $8,000,000.00. 4/25- Pg. 14 Ield for full 32. City Council Expenses - Temp. Ord. #1113 - Discussion and Council. possible action to establish a referendum proposing an amend /30 - Pg. 2 ment to Charter Section 4.04 "Compensation and Expenses of APPROVED as Mayor and Council". amended on First Reading. - Pg. 14 33. City Council Agenda Procedures - Temp. Reso. #3116 - Dis- 4/25 cussion and possible action to revise Resolution 84-34 re- Reso. #R-84-122. garding City Council procedures to amend the day and time of APPROVED, with the pre -agenda workshop meeting. correction. 4/30 - Pg. 1 34. Crimefighter System - Bond Release - Temp. Reso. #3115 - Reconsidered; Discussion and possible action to release a burglar alarm bond. 4/30 then TABLED. - Pg. 3 Reso. #R-84-134 COMMUNITY DEVELOPMENT JAPPROVED. 35. Woodmont Tract 70 - Temp. Reso. #3113 - Discussion and pos- sible action to authorize Broward County to install signs changing the numbered street designations to La Reserve Circle. 36. Woodmont Tract 74/75 - Discussion and possible action on: a) Renewal. of sign waiver permit - Temp. Reso. #3114. b) Release of performance bond posted for canal bank sod for Bldg. H on Site Plan II - Temp. Reso. #3103. 37. Golfview Plaza - Temp. Reso. #2977 - Discussion and possibl action to authorize execution of a Four -Party Agreement with Broward County, City of Port Lauderdale and Executive Golf Apartments, Inc., regarding development of this project (tabled from 1/3/84). 38. Nancy B. Heikkinen - Special Exception Petition #23-Z-83 - Temp. Reso. #2996 - Discussion and possible action to grant a special exception to permit a day care center in a B-1 (Neighborhood Business) zoning district on the east side of NW 70 Avenue, south of McNab Road and south of the existing two-story store/apartments building at the southeast corner of this intersection (Public Hearing held 1/25/84). 39. Concord Village - Revised Site Plan - Temp. Reso. #3108 - Discussion and possible action on a revised site plan for pool cabana covers. , 40. Woodmont Tract 48 - Discussion and possible action on: a) Site Plan - Temp. Reso. #3109 b) Water and Sewer Developers Agreement c) Warranty Deed for right-of-way on NW 85 Avenue - Temp. Reso. #3110. d) Blanket Water and Sewer Utility Easement - Temp. Reso. #3111. e) Blanket Ingress and Egress Easement - Temp. Reso. #3112 (to be located on NW 85 Avenue, south of Southgate Boule- vard, between NW 88 Avenue and University Drive). 4/25 - Pg. 3 Reso. #84-123. L PROVED . 4/25 - Pg. & 6. TABLED; then . TABLED a) and APPROVED b). Reso. #R-84--124 . /25 Pg. 1 ') eso. #R-84-1.25. /25 - Pg. 16 eso . #R--84-126. PPROVED, with mendment for idewalk on east ide of road. 4/25 - Pg. 3 eso, #R-84-127. PPROVED, as mended. 4/25 - Pg. 1 TABLED to 5/9/84 Meeting. 41. PAGE FIVE Toll Development Corp. - Rezoning Petition #9-2-84 - Temp. 4/25- Pg. 1 Ord. #1102 - Discussion and possible action to rezone lands TABLED. on the north side of proposed Commercial Boulevard and on the east side of proposed Nob Hill Road, from A-w5 (Agri- cultural/Excavation) to B-3 (General Business) utilizing the 5% flexibility rule for commercial development in residential land use area not to exceed 9.09 acres. First Reading. (Public Hearing held 4/11/84). 4/30 - Pg. 3 42. Adult Congregate Living Facilities - Discussion and pos- sible action to authorize the Consultant City Planner to initiate the appropriate Land Use Amendment and zoning ordinances to permit these facilities to be located in the City (tabled from 4/11/84). 43. Tamarac Town_ Square_ - Discussion and possible action on: a) Revised Site Plan for revisions to outparcel - Tem2. Reso. #3037 (tabled from 4/11/84). b) Release of performance bond posted for landscaping - Temp. Reso. #3107. 44. Commercial Plaza - Bond Release - Temp. Reso. #3102 - Dis- cussion and possible action to release a performance bond posted to guarantee installation of a positive drainage system. 45. Woodland Lake Estates (The Village at Woodland Lake) - Dis- cussion and possible action on: a) Water and Sewer Developers Agreement for Phase II b) Utility Easement - Temp. Reso. #3104. City Planner to initiate Land Use Plan Amndmnt & zoning Ord. 4/25 - Pg. 27 Reso. #R-84-128 and R-84-129. a) APPROVED. b) APPROVED. 4/25 .. Pg. 7 Reso. #R-84-130. 4/25 - Pg. 7 Reso. 0-84--131. a) APPROVED. b) APPROVED. 46 Lakeside part ents �- Discussion and possible action on: 4/25 - Pg. 7 _ wide Apartments Reso. �{R-84-132 a) of a performance bond posted for public and R-84-133. improvements - Temp_ Reso. #3105. a) APPROVED. b) Acceptance of the Bill ofSalefor the water distribu- b) APPROVED. tion and sewage collection system improvements - Temp. Reso. #3106_ 47. Drainage action. REPORTS 48. City Council roycment s in the City - Discussion and possible 49. City Manager 50. 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 4/25 - Pg. 8 Report by City Engineer. No action required. 4/30 - Pg. 4 No Report, 4/30 - Pg. 4 No Report. 4/30 - Pg. 5 Report oiven. CITY OF TAMARAC, FLORIDA REGULAR CITY COUNCIL'MEETING APRIL 25, 1984 Tape CALL TO ORDER: Mayor Philip B. Kravitz called the meeting to order 1 on Wednesday, April 25, 1984, at 9:05 A.M., in the Council Chambers. ROLL CALL: PRESENT: Mayor Philip B. Kravitz Vice Mayor Sidney M. Stein Councilman John J. Dunne Councilman Raymond J. Munitz Councilman Jack Stelzer ALSO PRESENT: City Manager, Laura Z. Stuurmans City Attorney, Jon M. Henning City Clerk, Marilyn Bertholf Assistant City Clerk, Carol Evans Secretary, Carol. Thrasher MEDITATION AND PLEDGE OF ALLEGIANCE: Mayor Kravitz called for a Moment of Silent Meditation followed by the Pledge of Allegiance. Mayor Kravitz welcomed the public to the meeting and advised that copies of the agenda were available, as was a listing for times scheduled for each item. Mayor Kravitz read this listing, advising that Item 3 would be deferred to 11:45. then break for lunch to meet with new residents and the Welcoming Committee. Fie advised that Council would reconvene at 1:30 P.M. and, time permitting, would try to complete the entire agenda by 4:30; if not, there would be a reconvened meeting. Vice Mayor Stein requested that Item 35 be given time as soon as possible. He advised that the people were here to address the item. Mayor Kravitz advised that, with Council permission, Item 35 would be heard immediately following Items 1 thru 9. 36. Woodmont Tract 74/75 - Discussion and possible action on: a) Renewal of sign waiver permit - Temp_ Reso. #3114. SYNOPSIS OF ACTION: Tabled by request of City Attorney Henning. City Attorney Henning requested that Item 36a be tabled for review by the Beautification Committee first. C/M Stelzer MOVED to approve tabling; SECONDED by Vice Mayor Stein. VOTE: ALL VOTED AYE. 40. Woodmont Tract 48 -Discussion and possible action on: a) Site Plan -- Temp. Reso. #3109 b) Water and Sewer Developers Agreement c) Warranty Deed for right-of-way on NW 85 Ave-Tem . Reso. #3110 d) Blanket Water & Sewer Utility Easement - Temp. Reso. #3111 e.) Blanket Ingress & Egress Easement - Temp. Reso. #3112 SYNOPSIS OF ACTION: Tabled by request of City Clerk's Office Mayor Kravitz advised that City Clerk's Office has requested that Item 40 be tabled to the May 9th meeting. C/M Stelzer MOVED to approve tabling; SECONDED by Vice Mayor Stein. VOTE: ALL VOTED AYE. 41. Toll Development Corp._ - Rezoning Petition #9-Z-84 - Temp. Ord. #1102 - Discussion and possible action to rezone lands on the north side of pro- posed Nob Hill Road, from A-5 (Agricultural/Excavation) to B-3 (General Business) utilizing the 5% flexibility rule for commercial development in residential land use area not to exceed 9.09 acres. First Reading. (Public Hearing held 4/11/84). SYNOPSIS OF ACTION: Tabled by request of City Planner Mayor Kravitz advised that City Planner has requested that Item 41 be tabled at this time. C/M Stelzer MOVED to approve tabling; SECONDED by Vice Mayor Stein. PRESENTATIONS AND AWARDS: 1. Employee Service Awards - Presentation by City Manager Stuurm ans of a 15-year service award to John Glynn, City Clerk's Office. SYNOPSIS OF ACTION: Award presented by City Manager. City Manager Stuurmans presented a 15-year Service Award to John Glynn, License Inspector, of the City Clerk's Office, by recapping the growth of the City and John's role in that history. John Glynn thanked the City Manager for her remarks. 4. Holocaust - Presentation of a proclamation by Mayor Kravitz desig- nating April 29 - May 5, 1984, as "Days of Remembrance". SYNOPSIS OF ACTION: Proclamation presented by Mayor Kravitz to Miriam Friedman Mayor Kravitz issued a proclamation to Miriam Friedman of the South Florida Holocaust Survivors, designating April 29 - May 5, 1984, as "Days of Remembrance." 5. Small Business Week - Presentation of a proclamation by Mayor Kravitz designating May 6 - 12, 1984, as "Small Business Week." SYNOPSIS OF ACTION: Proclamation presented by Mayor Kravitz to William Duffy Mayor Kravitz issued a proclamation to William Duffy of the Fort Lauderdale Chamber of Commerce, Small Business Coalition, desig- nating May 6 - 12, 1984, as "Small Business Week." 2. Kiwanis Club - Presentation by Richard Entin of a donation to the City to be used for a scoreboard for Tamarac Park. SYNOPSIS OF ACTION: Check presented to Sharon Ellis, Parks & Recreation Director Mr. Entin presented a $1,500.00 check to Sharon Ellis, Director of Parks and Recreation, to be used for a scoreboard for Tamarac Park. Mr. Entin asked for one stipulation, that the scoreboard contain the name of the City and a logo of the Kiwanis Club. He advised that any additional expense for adding the logo would be covered by the Club. 5. Cancer Hotline - Presentation of a proclamation by Mayor.Kravitz designating May 8 - 14, 1984, as "Cancer Hotline Week". SYNOPSIS OF ACTION: Proclamation presented by Mayor Kravitz to Maureen Burk Mayor Kravitz issued a proclamation to Maureen Burk, one of the founders of the Cancer Hotline, designating May 8 -- 14, 1984, as "Cancer Hotline Week". 7. Armenian Mart rs - Presentation of a proclamation by Mayor Kravitz designating April 24, 1984, as "Armenian Martyrs Day". SYNOPSIS OF ACTION: Proclamation presented by Mayor Kravitz to Alice Norian, Carl Zeytoonion, and Father Ted Kondralian Mayor Kravitz issued a proclamation designating April 24, 1984, as "Armenian Martyrs Day" to Alice Norian, former Coral Springs Mayor Carl Zeytoonion, and Father Ted Kondralian, Pastor of St. John the Baptist Armenian Apostolic Church of Miami. 8. Week of the Ocean - Presentation of a proclamation by Mayor Kravitz designating April 24 - 30, 1984, as "Week of the Ocean". SYNOPSIS OF ACTION: No representative available. There being no representative available for presentation, the Proclamation was given to the City Clerk for delivery to the appropriate representative. -- 2- rmt 9. Better Water far People - Presentation of a proclamation. by Mayor Kravitz designating May 7 - 1.1, 1984, as "Better Water for People Week". SYNOPSIS OF ACTION: Proclamation presented by Mayor Kravitz to City Engineer, Larry Keating Mayor Kravitz issued a proclamation designating May 7 - 11, 1984, as "Better Water for People Week" to City Engineer Larry Keating, who took the opportunity to comment on the contributions made by so many City employees in this effort. He stated that this proclama- tion really belongs to those dedicated people. Mayor Kravitz passed on his thanks to all those concerned. COMMUNITY DEVELOPMENT 35. Woodmont Tract 70 - Temp. Reso. #3113 - Discussion and possible action to authorize Broward County to install signs changing the numbered street designations to La Reserve Circle. SYNOPSIS OF ACTION: APPROVED. RESOLUTION NO. R-84-ZZ,,-g PASSED City Attorney Henning read Temp. Reso. #3113 in its entirety. Vice Mayor Stein commented that the four streets involved: NW 73rd, NW 74th, NW 83rd Way, & NW 83rd Ave, are actually a circle; the Post Office is thrilled over the change, as long as the house numbers are not changed; the property owners aree in favor; he MOVED for adoption of the resolu- tion. C/M Munitz'SECONDED. Tape VOTE: ALL VOTED AYE. 2 39. Concord Village - Revised Site Plan - Temp. Reso. #3108 - Discussion and possible action on a revised site plan for pool cabana covers. SYNOPSIS OF ACTION: APPROVED as Amended. RESOLUTION NO. R-84-__l PASSED City Attorney Henning read Temp. Reso. #31-08. City Planner Richard Rubin reported that this applicant is requesting to place four canvas covered structure for sun -shading purposes; and he recommends approval if the applicant agrees to placing the structures no closer than 5 feet to the property line. C/M Munitz MOVED to amend Temp. Reso. #3108 to include under SECTION I.D. Cabanas to be no closer than 5 feet from property line. Vice Mayor Stein SECONDED. VOTE: ALL VOTED AYE. BOARDS AND COMMITTEES 10. Board of Adjustment - Temp. Reso. #3100 - Discussion and possible action to appoint an alternate member to this board. SYNOPSIS OF ACTION: Appointed RESOLUTION NO. R-84- I)q PASSED Joe Lubin, on second vote For a term to expire July 8, 1984. City Attorney Henning read Temp. Reso. #3100 in its entirety. Mayor Kravitz reiterated that this is an alternate appointment and is only until July of this year; at that time the entire Committee will be reappointed. C/M Dunne nominated Joe Lubin. C/M Munitz nominated Margaret Wallach. No other nominations; VOTE: C/M Dunne - Lubin C/M Munitz - Wallach C/M Stelzer - Wallach V/M Stein - Wallach Mayor Kravitz - Lubin Mayor Kravitz announced that Margaret Wallach is elected. C/M Stelzer stated that he believes better representation by district should be made on this Committee; there are 3 from District 1; 2 from District 3; and 1 in District 4. Vicki Beech, Resident of Section 20, addressed the Council with the question of people duplicating on more than one board. She stated she believes we have a wealth of knowledge in this City and she feels that one person should not be on two or three boards. Mayor Kravitz cmt -3- 4 / 2.5 /84 advised that this subject will be covered in an upcoming Workshop. At the present time there is no regulation that people cannot serve on more than one committee. Ms. Beech stated that she understands that there is no regulation, but she feels that morally these things should be taken into consideration. Vice Mayor Stein advised that Margaret Wallach was appointed to -the Redistricting Committee yesterday. John Lachmann, Resident, reported that at last night's Charter Board meeting, Melanie Reynolds quoted Ordinance 76-5, which stated that a person could be on only one committee. C/M Munitz challenged this quotation, as he has not been able to locate such a regulation. Mayor Kravitz asked the City Attorney to research this and advise the Council appropriately. Vice Mayor Stein commented that he did not realize that Margaret Wallach had been voted to the Redistricting Committee and at this time he would like to MOVE for reconsideration of the vote. C/M Dunne SECONDED. VOTE: C/M Dunne - Aye C/M Munitz - Nay C/M Stelzer - Nay Vice Mayor Stein - Aye Mayor Kravitz - Aye Vice Mayor Stein MOVED to place the two names before a vote again. C/M Munitz stated that he appreciates the Vice Mayor's concern wherein he has no intention of doing anything that may be illegal. This is something that must be addressed, not in a Workshop, but now. He said that the question basically is whether the Council can appoint the same person to more than one Committee. They are going to have other appointments; and he asked that the City Attorney clarify this once and for all. C/M Munitz stated that he appreciates Vice Mayor Stein's position on this; however, he must have been impressed with Ms. Wallach's qualifications, otherwise, he wouldn't have voted for her; and the only reason he moved to change his vote is because he felt it is contrary to law. Vice Mayor Stein replied that he did not move for a new vote for the purpose of legality. He had forgotten that Ms. Wallach had been appointed to the Redistricting Committee by the Charter Board last night. Ile stated that to his knowledge, Mr. Lubin was not serving on any committee at this time. Both applicants are very qualified; but he feels that the work should be distributed among people. He asked once again that they vote on this appointment. Mayor Kravitz asked for City Attorney Henning's opinion on this. City Attorney Henning replied that he knows of no regulation at this time stating that one person cannot serve on more than one committee. There is a related line item in the Charter in Section 4.08 regarding the Districts which states that when possible, each Board and Advisory Group shall have at least one member from each District; however it does not refer to how many particular appointed positions any volunteer can serve on. Fie has sent for a copy of Ordinance 76-5, and looking at the cross reference codes, this Section was enacted on January 22, 1976 regarding 2-12 through 2-27 in the City Code which does not appear to address the number of positions a volunteer can serve on. Mayor Kravitz asked for a vote on this motion. C/M Dunne SECONDED. VOTE: C/M Dunne - Lubin C/M Munitz - Wallach C/M Stelzer - Wallach Vice Mayor Stein - Lubin Mayor Kravitz - Lubin Mayor Kravitz announced that the appointment now is for Joe Lubin. Mayor Kravitz asked for a vote on the Resolution, as amended. Vice Mayor Stein MOVED that the Resolution be approved; C/M Dunne SECONDED. VOTE: C/M Dunne Aye C/M Munitz - Nay C/M Stelzer - Nay Vice Mayor Stein - Aye Mayor Kravitz - Aye -4- 4/25/84 /cmt GENERAL ADMINISTRATIVE/FINANCIAL 14. Utilities West- Spray Irrigation - Phase 2 Desi n Work - Presenta- tion by a representative of Williams, Hatfield, & Stoner, Inc., along with the City Engineer. Discussion and possible action. SYNOPSIS OF ACTION: APPROVED, subject to waiting for State's priority list. City Engineer Larry Keating explained thatthis is a proposal to go from preliminary design phase to final design phase for the spray irrigation project which was approved with the Bond Issue. He introduced Michael T. Hermesmeyer, Vice President. of Williams, Hatfield & Stoner, Inc. Vice Mayor Stein reported that from the history received from the City Manager, regarding disposal waste, it appears that the City has no release from the County as to its obligation in the 201 project. He understands that they are negotiating and anticipate getting a release but the City doesn't have it yet. He also stated that it was his understanding that the reason for the Bond Issue was because the City could not get a Grant without it. He asked if the City would be stuck with the 201 if the County does not agree with the release. City Attorney Henning replied that this is correct, the City does not have a release from the County as yet; but is negotiating with them. He stated that the City has been very successful in getting the spray irrigation proposal included in the 201 project and in getting the County to approve the inclusion of this proposal into the project. The City is also attempting to negotiate a system where there is a demand. If there were no market for the capacity which the City is trying to get out from under, approximately 4.3 million gallons a day, it would be in a bind. But, he stated, there is a very urgent market from other cities and other utility companies that need the County capacity. He asked the City Engineer to comment as to whether or not Phase 3 of the County plan is going to be carried out because of the demand of the excess capacity that the City is willing to give up. For that reason the City hopes to be able to negotiate this settlement and not rush through it. The City hopes to deal with the County on this and tie in a lot of areas; but progress is being made. City Engineer Keating stated that he did not feel that Phase 3 is relevant to the Vice Mayor's question; however, it is the opinion of all the experts that have been involved with this project, both legal and engineering, that the problems with regard to the large user agreement will be resolved amicably. This is primarily due to the fact that, through a meeting with the Large User Advisory Board, sufficient need from other users to take up the capacity has been identified, which is the point of argument between the City and County at this time. He advised that he cannot foresee any potential problems in completing the negotiation of that agreement and the County allowing Tamarac to proceed with the spray irrigation program. He stated that even as far back as a year and a half or two years ago, the City was advised by legal counsel that the City, in challenge to that agreement, would win based on non-performance of the agreement by the County. Michael T. Hermesmeyer, Williams, Hatfield & Stoner, reported on the progress of Broward County's 201 project. He stated that when Tamarac approached the County about renegotiating the large user agreement, the County stated that it could not be done until 201 was amended. Tamarac went about proving that the amendment was good for, the 201 and then could not renegotiate the large user agreement until the capacity was allocated; so there was the demand. Tamarac was scheduled to meet with the Large User Advisory Board some months ago and there was more demand for Tamarac's excess capacity than there was capacity available. He reported that information in a meeting last month. That capacity was reduced to some degree but there was still more demand than Tamarac's capacity by approximately 90,000 gallons. He advised that the demand is there and the legal process of renegotiating the agreement is ongoing. In the meantime, the 201 is being amended a final time at a Public Hearing on May 17th with the Broward County Commission, which will deal with Plantation and Gulfstream. Basically, Plantation and Gulfstream will be building their own plant, going to a deep well, which will do away with the western interceptor. This would be Phase 3. There still may be some plant expansion at the regional facility, but the western interceptor will be deleted at this Public Hearing. -5- 4/25/84 /cmt C/M Dunne inquired whether the City is not partially tied with the 201 on the east. side. Mr. Hermesmeyer replied that east of 441 the City is tied into the central region through the 201. West of 441, east of 64th Avenue/University, the City will be tied into the north region. The County and Tamarac has remained in the regional facility for a capacity of 2.5 million gallons per day. C/M Munitz questioned whether this answered the Vice Mayor's basic question whether the City can legally proceed on this since it has not been relieved of the commitment with the County. Vice Mayor Stein replied that it had been answered, on the City's own peril. City Manager Laura Stuurmans stated that not to proceed could also cause jeopardy. Vice Mayor Stein stated that he understands that if the City does not proceed, there is a chance of losing the Grant. He wants it clear that there is a possibility of having to go to court; the situation is that the City just can't say it's out. He said that the City is not in control. of the situation unilaterally; if the County does not agree, the City might have to sue. City Manager Stuurmans advised that the City must continue to be mindful of the fact, as was mentioned throughout the Bond presentation, the County never installed the loan. City Engineer Keating stated, in clarifying th_s, r_ecopni..zi_n,g the problem as discussed, the City is still under two timetables. One is the Grant timetable, which Grant is potentially in the amount of $6 Million+ and a design contract of approximately $150,000. Second, the City is still under a timetable by the Environmental Quality Control Board to install certain facilities by July 1986, regardless of the Grant. In order to meet that date, the City must begin now regardless of the agreement with the County. Mayor Kravitz asked Larry for his recommendation to Council. City Engineer Keating replied that he has been discussing potential alternatives of other Grants offered to the City with the City Manager. He stated that his opinion is to award the contract. He has reviewed the scope of services and is satisfied with it. It should be understood that no work will be done under the contract for a week or two until the State's priority list is received. City Manager Stuurmans stated this is an authorization to proceed with the second phase of design under the continuing contract that we have with the firm. Mayor Kravitz called for an end to the discussion and asked Council to take specific action. Vice Mayor Stein MOVED that we proceed with Phase 2 authorizing Williams, Hatfield & Stoner to proceed, subject to the delay for the State's Priority List. C/M Munitz SECONDED. C/M Stelzer questioned the City Engineer, with regard to the City's deadline of July 1986, can the County meet their deadline if they decide to go with the 201. City Engineer Keating replied that they had already decided not to. The 201 Plan, which is the basis of all Grants, does not show that construction anymore. VOTE: ALL VOTED AYE. 16. Tamarac Wildlife Preserve Walkway - Report by the City Engineer. Discu55ioii and possible action. SYNOPSIS OF ACTION: City engineer reported progress; no action required. City Engineer Keating reported that the Engineering Department is in the process of preparing plans and specifications for excavation and construction of the Wildlife Preserve between Tamarac Lakes I & 2. During the course of this course of this i-or'-, C/''" "unr_e inquired as to the feasibility of pro- viding a pedestrian walkway between the two sections. In doing that, our current proposal is for the contractor to deposit sufficient fill along the roadway, so that immediately thereafter Public Works can construct an asphalt walkway. He recommended no action at this time. C/M Dunne asked when this excavation would begin. The City Engineer replied that the project, hopefully, would be put out for re -bid, and work should be 30-45 days after that, in mid -June. He explained that this part of the DNR Grant that the City has for that construction; the City had put this out for bid; but rejected the single bid which was very expensive. COMMUNITY DEVELOPMENT 36. Woodmont Tract 74/75 - Discussion and possible action on: a) Renewal of sign waiver permit - Temp. Reso. #3114. b) Release of performance bond posted for canalbanksod for Bldg. H on Site Plan II - Temp. Reso. #3103. SYNOPSIS OF ACTION: a) Tabled. b) Approved for adoption. RESOLUTION NO. R--84-12yPASSED cr 4- City Attorney Henning read Temp. Reso. #3103 in its entirety. City Engineer Keating reported that the work is complete, the sodding on the canal bank is done, and he recommended release of the bond. Vice Mayor Stein MOVED for release of the bond; SECONDED by C/M Dunne. VOTE: ALL VOTED AYE. 44. Commercial Plaza - Bond Release - Tem Reso. #3102 - Discussion and possible action to release a performance bond posted to guaran- tee installation of a positive drainage system. SYNOPSIS OF ACTION: APPROVED. RESOLUTION NO. R-84- 120 PASSED City Engineer Keating reported that this was for a positive drainage tie-in for the Commercial Plaza project; work is satisfactorily completed; and recommended release of the performance bond. City Attorney Henning read Temp. Reso. #3102 in its entirety and stated that this bond has been in effect for 10 years. There has been a great deal of concern about this location and about the extension of the bond. He reported that through the development of the area along 441 and Lakeside Plaza, this positive drainage system was finally able to be connected. He stated that he is very relieved and pleased to see that this project has now met the inspec- tion of the City Engineer and we can release this bond. Vice Mayor Stein MOVED the resolution be adopted and bond be released; C/M Munitz SECONDED. VOTE: ALL VOTED AYE. 45. Woodland Lake Estates The Village at Woodland Lake) -- Discussion and possible action on: a) Water and Sewer Developers Agreement for Phase II. b) Utility Easement - Temp. Reso. #3104. SYNOPSIS OF ACTION: a) APPROVED. b) APPROVED. RESOLUTION NO. R-84- L? / PASSED a) City Engineer Keating reported that Woodland Lakes is a project that lies outside the corporate limits of Tamarac on the North side of Commercial Boulevard, in the Woodlands area. This project is entitled to utility connections by a 10 year old water and sewer agreement by Herbert Sadkin and the previous owner of the utility. This agreement is a clarification document which recognizes the entitlement to the connection and affords valuable additions to the City in the area of guaranteed revenues and meter installations. He recommended approval. C/M Dunne MOVED that the Agreement be approved; C/M Stelzer SECONDED. Tape VOTE: ALL VOTED AYE. 3 b) City Attorney Henning read Temp. Reso. #3104 by title. City Engineer Keating reported that the easement was required due to a modification of the utility system in that area; and recommended approval. C/M Dunne MOVED that the Resolution be approved; C/M Stelzer SECONDED, VOTE. ALL VOTED AYE. 46. Lakeside Apartments - Discussion and possible action on: a) Disposition of a performance bond posted for public improvements - Temp. Reso. #3105. b) Acceptance of the Bill of Sale for the water distribution and sewage collection system improvements - Temp. Reso. #3106. STATUS OF ACTION: a) Approved for RESOLUTION NO. R-84- /,9 0 PASSED release of bond. b) Approved for RESOLUTION NO. R-84- PASSED acceptance of Bill of Sale. a) City Attorney Henning read Temp. Reso. #3105 by title. City Engineer reported that this bond covers the public improvement of the Lakeside project; the work has been completed; he recommended release of the bond, subject to receipt of the Warranty Bond. Vice Mayor Stein isOVED to adopt the Resolution; C/M Munitz SECONDED. VOTE: ALL VOTED AYE. -7- 4/25/84 b) City Attorney Henning read Temp. Reso. #3106 by title. City Engineer Keating reported that this document transfers the ownership of utilities in that project to the City of Tamarac, which is a standard procedure; and recommended approval. City Attorney Henning asked the City Engineer to clarify if the project listed in the title as Lakeside at Tamarac is for the apartments only, or if it included the Shopping Center. City Engineer Keating replied that it is the Apartments only. He advised that he would check the Site Plan and recommended approval of the Resolution subject to such clarification. Mayor Kravitz stated that he would accept the motion, subject to the clarification. C/M Munitz MOVED for adoption, as amended; Vice Mayor Stein SECONDED. VOTE: ALL VOTED AYE. 47. Drainage Improvements in the City - Discussion and possible action. SYNOPSIS OF ACTION: Report by City Engineer. No action required. City Engineer Keating reported that this week another rather severe storm moved through the eastern portion of Tamarac and the northeast quadrant of the Boulevard project floods severely. He completed a preliminary design for solutions to that problem and is scheduled to meet with Greg Turek of Public Works to see if he can do the installation or if the City will have to contract for the work. He advised that a report would be given before Council following that discussion. Mayor Kravitz added that on his personal inspection of several areas, he found that the drainage was much better, including Section 8 of the Woodlands area. He has not found much of a problem so he assumes that the City is doing much better on that particular problem. BOARDS AND COMMITTEES 11. Commissioners of Human Relations - Temp Ord. #1111 - Discussion and possible action to create a new section in Chapter 2 of the Code to provide for up to two (2) Commissioners. First Reading. SYNOPSIS OF ACTION: APPROVED on First Reading, as amended. City Attorney Henning read Temp. Ord. #1111, by title, noting that in the blanks, 2-47 will be added. He also reported that in a memo to the Mayor, he suggested the creation of a Sister City Committee, which would include these two positions. C/M Munitz stated at the last meeting, the Council instructed the City Attorney to amend Temp. Ord. #1111 to allow up to two Commissioners. The proposed Ordinance goes quite a bit beyond what the City Attorney was instructed to do. The City Attorney responded that originally there was a creation of a position. The Charter points out that the Council, by Ordinance, can create committees and not necessarily just positions. Legally, this is more sound. Two things in this Ordinance are. better: (1) It's not a Resolution, it's an Ordinance; and #2) It's a Committee instead of just a position. In discussion with the Mayor, City Attorney Henning stated there was creation of a Committee, which would include the 2 commissioners of Human Relations; the Mayor or his designated Councilman; the City Manager or designated employee; and the Recreation Director or designated member of Recreation staff or Recreation Board. He stated that Council may make whatever changes are deemed appropriate. C/M Stelzer objected to this representation. C/M Munitz stated that this changes the original intent. He does not see the purpose of it and agrees with C/M Stelzer. He feels that Items 1, 2, & 3 should be deleted. Vice Mayor Stein agreed with this and stated that if it is necessary, in order to have a Commissioner, then they should have a Committee consisting of the 2 Commissioners. He questioned the need for the staff members to be included on this Committee and stated that this not his original intention. -8- 4/25/84 /curt Mayor Kravitz stated that the City Attorney could answer that, because he felt that legally this had to be tied into a Committee, otherwise they could have some legal problems. City Attorney Henning advised that rather than creating individual positions, they should create a Committee with certain positions on it, or have a Committee of Commis- sioners, if that's what is wanted. The reason for creating the Committee was to give some recognition of City representatives and offer a tradition of having one individual to communicate with. The foreign Mayor may look to the Mayor of Tamarac as a direct contact; and in this way, the mayor or council should or would have more direct involvement in the activities for visiting dignitaries. It was a question as to whether or not the Mayor, as the officer of the City, should be included on the Committee because a foreign dignitary would look to him for contact. C/M Munitz suggested that the Mayor be made a liaison to the Committee. Vice Mayor Stein stated that he is against the Mayor or any Council member being on this Committee but he would agree with his being a liaison. He pointed out that if the Mayor goes to Israel, he would be going as the Mayor; he doesn't need a Proclamation to say he is the Mayor. Vice Mayor Stein MOVED to delete #2a) 1, 2, & 3 from this Ordinance; C/M Stelzer SECONDED. Mayor Kravitz asked City Attorney if that would make him comfortable and he replied yes. Mayor Kravitz advised that since there is no legal problem with this, he would call for a vote. Vicki Beech, resident, questioned the need for this to be an Ordinance and not a Resolution? City Attorney Henning replied that the Charter states that Committees or Boards may be created by the City Council by Ordinance. VOTE: ALL VOTED AYE. C/M Stelzer questioned the wording in Section 2c) of the Ordinance regarding Budget. City Attorney Henning explained this compares to Petty Cash type of expense. He also stated that this area should also be addressed for all committees. Mayor Kravitz said that this would be covered in a Workshop Meeting soon. C/M Stelzer asked if this means that each little expense would be covered in this way, and suggested that the word budget be removed from the title line of Section 2c) and the first sentence be deleted. C/M Stelzer MOVED that the Ordinance be amended in this way; C/M Munitz SECONDED. Shirley Bloomfield, resident, advised that from what she has observed in visits, e.g., small pins being presented, no one ever turned in an expense account; and she would not turn in an expense account for this type of token. She stated that she feels $100 seems to be ample for this type of expense. VOTE: ALI, VOTED AYE. Vice Mayor Stein MOVED to approve the Ordinance on First Reading; C/M Munitz SECONDED. VOTE: ALL VOTED AYE. Mayor Kravitz announced that appointment will be made to this Committee at the next regular meeting; anyone wishing to apply may do so. LEGAL AFFAIRS 31. Construction of New City Hall and Police Station - Temp. Reso.#3101 Discussion and possible action to authorize the issuance of general, obligation bonds in an aggregate principal amount not to exceed $8,000,000.00. SYNOPSIS OF ACTION: APPROVED. RESOLUTION NO. R-84-lam/ PASSED City Attorney Henning read Temp. Reso. #3101, by title. -9- 4/25/84 cmt Mr. Jerry Heffernan, Bond Counsel, explained that this is the initial, authorizing resolution which sets forth a Bond form to be utilized. The main purpose of this resolution is to set forth the provisions and authorization to go forward with the validation. Another resolution will be presented later to actually set the terms of the Bonds, with regard to details of the sale, market value, interest rates, and other specific details concerning the Bond itself. City Attorney Henning asked Mr. Heffernan to summarize the Resolution and what has been done to comply with the law in the writing of the Resolution. Mr. Heffernan advised that this Resolution includes the basic form of the Bond, issuance, redemption provisions, who will sign the bonds, and the type of information that must be done to comply with the City Charter and the State law. The Resolution sets forth, in general terms, what the Bond transaction will be once you get closer to the actual closing date. C/M Stelzer asked whether these bonds are going to be available to the public. Mr. Heffernan advised that later, when the bonds have been validated, a decision will be made with the determination of whatever is better for the City of Tamarac. He stated that he assumes this decision will be made by your financial advisor in conjunction with the Council and the City Attorney; but it will be done in the best way to aet the City the best interest rates. He advised that this would be included in the later resolution. Vicki Beech, resident, asked if the City is going for the full $8,000,000.00 at this time. Mr. Heffernan replied that he expects it to be less than this amount; the Resolution is written at this amount and not to exceed this amount, so that the City can go up to this amount. C/M Munitz restated that the wording was "as may be needed." Vicki Beech asked if the City was going to get a certified appraisal of the land so that it will know what's going to be needed without going over that $8,000,000.00. C/M Munitz asked if there were figures on that appraisal. City Manager Laura Stuurmans advised that she and the City Attorney were working on that and it is not within Bond Counsel jurisdiction. She advised the validation should be for the maximum amount authorized by the public vote and the sale would be "as may be needed" which will also be predicated on the possibility of sale of the city's existing landholdings that may be determined to be surplused at that time. This is a validating procedure. Vice Mayor Stein MOVED to adopt the Resolution; C/M Dunne SECONDED. C/M Munitz asked the City Attorney if he was comfortable in this, to which he responded that he recommends approval. VOTE: ALL VOTED AYE. Mayor Kravitz invited the public and Council to a program commemorating the Armenian Martyrs Day, this coming Sunday, April 29th, at 3:00 P.M., at the Methodist Church Hall on Prospect Road, in Tamarac. PRESENTATIONS AND AWARDS 3. Welcoming Committee - Presentation of Certificates of Appreciation by Mayor Kravitz to the 1983/84 members. SYNOPSIS OF ACTION: Mayor Kravitz presented Certificates to Chairperson, Dorothy Kravitz, who presented certificates to remainder of Welcoming Committee. -10-- 4/25/84 cm t Mayor Kravitz addressed the Council and the public regarding the establishment of the original Welcoming Committee. He stated that even more than issuing Proclamations, it is a happy occasion to recognize our own volunteers, :people who give of themselves for various committees. Approximately three years ago, Council estab- lished the Welcoming Committee, to bring in new residents of Tamarac. The City Manager and Mayor Kravitz presented Certificates of Appreci- ation to the Chairperson, Dorothy Kravitz, who in turn presented certificates to the Welcoming Committee: Dorothy Kravitz, Chairperson Barbara Lubin - Secretary Irving Epstein Margot Greene Sylvia Goldreyer Grace P1atz Maury Kramer - Vice Chairman Edwin Solomon Treasurer Willard Zweig Morris Landman Mollie Goldstein Morton Student Four of these members were absent. Their certificates will be presented at a later date. C/M Munitz introduced his wife, who is recovering from surgery. Mayor Kravitz announced that Council would be joining the Welcoming Committee for lunch and reconvene at 1:30. CONSENT AGENDA 12. Consent Agenda a) Alan F. Ruf - Consulting City Attorney -- 4/18/84 - $1,800.00 - Approval recommended by City Attorney b) Muller, Mintz, Kornreich, Caldwell, Casey, Crosland & Bramnick, P.A. Labor Counsel - 4/5/84 - $28.10 - Approval recommended by City Manager. c) Shailer, Purdy & Jolly - Counsel for contraband forfeitures - Services for March - $791..93 - Approval recommended by City Attorney. d) Acknowledge and express thanks to the following establishments for their donations to health Fair 1984 - City of Tamarac: Publix (88 Ave & Southgate Blvd) Denny's McDonald's (" if" ) Pizza Hut Piccadilly Cafeteria Bageland Publix (McNab Rd. and University Dr.) KC's Commonwealth Bank Albertson's McDonald's (Commercial & University) Randy's Ribs Kentucky Fried Chicken Deli Tyme Publix (Sunshine Plaza) Deli Warehouse Dunkin Donuts Chicken Plus Bagel Stop Orangery Winn Dixie Bell's Deli e) Authorization for payment to Tamarac Paint and Body for repairs to Utility West Vehicle #431 in the amount of $2,585.98. f) Authorization to purchase optical character reader equipment from Augmented Computer Technologies, Inc., in the amount of $8,900.00, as a sole source item. g) Authorization to purchase one Jacobsen Turf King II Riding Mower with catcher for Tract 27, under Federal Contract in lieu of going to bid, in the amount of $9,655.00. h) Bid Authorization for construction of a ground storage tank on. Tract 27 - Approval to remove this item from the agenda. Recom- mended by City Engineer. i) Lease Agreement with Bay Colony for Recreation Department Activities - Approval to extend the tabling action to a future meeting. Recom- mended by City Attorney. -11- 4/25/84 cmt SYNOPSIS OF ACTION: APPROVED Items l2b)thru f),and h)and i). Items.12a) and g) removed for discussion, then APPROVED. Mayor Kravitz stated that Item 12 would be enacted by one motion unless discussion is required, at which time that item would be removed from Consent Agenda and be considered separately. Mayor Kravitz advised that the items do not need to be read into the record separately. C/M Munitz requested that Item 12a) be held over for discussion. C/M Dunne requested that Item 12g) be held. Vice Mayor Stein MOVED that Consent Agenda Items, with the exception of a) and g) be accepted; C/M Munitz SECONDED. VOTE: r:AaM101II0 M.1w0 Item 12a). C/M Munitz referred to some discussions headed by Vice Mayor Stein regarding the expenses of consulting attorneys. C/M Munitz advised that he is not objecting to the payment of the bill to Mr. Ruf; but that Tape he feels some manual procedure should be provided as to how and under what 4 circumstances, and by whom, any legal advice is sought from other than the City Attorney. C/M Munitz recommended to the Mayor and to Council that this subject be addressed to prepare such a procedure. Mayor Kravitz stated that it .is his understanding that the City Attorney has a budget of $60,000 where he could appoint consulting city attorneys for whatever he needed. Based on this recommendation, he directed that the City Manager prepare a memo to Council explaining how and under what authority the City Attorney can appoint consulting attorneys. C/M Munitz stated that he does not question the right of the City Attorney to seek outside help if he feels it necessary; but other members of Staff, on their own, have been consulting Alan Ruf for his expertise, for whatever the reason; and C/M Munitz feels this type of contact should be covered in procedure. Mayor Kravitz requested that the City Manager include procedures for any City employee contact with such consulting attorneys. Vice Mayor Stein stated that, with regard to the $60,000 budget mentioned previously, he would like to know if this budget is set aside for legal counsel without knowledge of the City Council. When such time comes to hire outside counsel, Vice Mayor Stein feels that the Council should be informed,to provide a little closer control over this item. Mayor Kravitz requested the City Manager include this in her memo. C/M Munitz MOVED to approve the payment to Alan Ruf Linder Item 12a); C/M Stelzer SECONDED. VOTE: N18=1180W.1 io Item 12g). C/M Dunne requested that this item be held until after lunch so that more information can be obtained. GENERAL ADMINISTRATIVE/FINANCIAL 13. Bid Award - Tamarac Park - Tem possible action to award a bid SYNOPSIS OF ACTION: APPROVED. . Reso. #3099 - Discussion and for a utility shed. RESOLUTION NO. R-84-_Z�Q PASSED City Manager Stuurmans reported that bids were solicited for sheds to hold items for recreation activities. We received two responses: Man Products, Inc. and Sheds America, Inc., the lower being with Man Products, Inc., for $5,523.60. Staff recommends award to Man Products, Inc. City Attorney Henning read Temp. Reso. #3099. Vice Mayor Stein MOVED to approve the Resolution awarding the bid; C/M Dunne SECONDED. VOTE: ALL VOTED AYE. Upon the question of C/M Munitz, Mayor Kravitz advised that Items 18 and 19 would be covered after the Public Hearings. -12- 4/25/84 cmt 17. Consumer Days - Discussion and possible action to establish "Consumer Days" in the City. SYNOPSIS OF ACTION: Report by Moni Avidon of Consumer Board. Council APPROVED concept and requested that Board provide proposal of approach to activity. Moni Avidon, Member of the Consumer Board, reported that the Board was preparing plans to have Consumer Days in October. In the next few meetings, a proposal would be available that would make the City proud. Mayor Kravitz added that both. Lauderhill and Tamarac have Consumer Boards. Lauderhill has had "Consumer Week: for the past two years, with a very extended program, which is going on right now. However, the Mayor advised, it was pointed out at County level, that they felt dissatisfied that Lauderhill did not use the County in their functions, and wanted to know if Tamarac would run such a program in conjunction with the County. This was proposed to the Tamarac Consumer Board and everyone thought it was an excellent idea. It is proposed that sometime in October, the County will be working with the City Committee in this effort, with the help of George Baer who will serve as liaison. Therefore, before any further plans are made for this function, it is being brought before Council. Mayor Kravitz stated that Parks and Recreation will be involved in this function. He wants the public to know that this Board is avail- able for their problems. It is a way of showing the City's people what has been done in the past and what they can expect in the future from this particular Committee. Mr. Avidon stated that the City needs cooperation from the County. The City has used the County very often in cases that are difficult to solve. He stated that the Board also needs the cooperation of the Press. The Consumer Board does a lot of good for the citizens, and Mr. Avidon pointed out several examples of problems already solved by the Board. C/M Stelzer questioned the fact that nobody has objected to the fact that Moni is the Chairman of the Charter Board and a member of the Consumer Board. He could see no reason for bringing up the problem with regard to Margaret Wallach and Joe Lubin, when the City Attorney has already brought information on this. C/M Stelzer advised that Melanie Reynolds has questioned the legality of this. C/M Munitz MOVED that the Council endorse the concept of Consumer Days, and authorize the Consumer Board to present a recommended program as to how the City will celebrate those days; Vice Mayor Stein SECONDED. VOTE: ALL VOTED AYE. Mayor Kravitz asked that City Attorney Henning give a report now regarding the appointment to more than one committee. City Attorney Henning referred to the Ordinance mentioned before as 76-5 which was to prohibit one person holding positions on more than one committee and stated that he has a copy but it no longer in effect. He stated, that in 1976 when it was in effect, Section 4 stated that no person shall be employed in more than one office, board, or position within the City service, and the term employed as used herein shall mean compensated or uncompensated service either by an elected or appointed officer or employee, or as a member of an advisory board or commission. He said it further states that any officer or employee shall be authorized to serve concurrently, ex-officio, on a permanent board or committee or any temporary commission/committee created for the purpose of a specifid study or report, such as a Charter Review Commission. That was Section 2-15 of the City Code on Page 86.7 and the history indicates that Ordinance 78--58 adopted by the City Council, October 12, 1978, repealed that provision. Since that date there is no prohibition against one person serving on more than one board. Mayor Kravitz adjourned the meeting until 1:30. --13- 4/25/84, /cmt Tape 5 Mayor Kravitz reconvened the meeting at 1:30 P.M. ROLL CALL: PRESENT: Mayor Philip B. Kravitz Vice Mayor Sydney M. Stein Councilman John J. Dunne Councilman Raymond J. Munitz ABSENT AND EXCUSED: Councilman Jack Stelzer (entered the m.ee.tirp. at 2:45 P.M.) ALSO PRESENT: CONSENT AGENDA City Manager Laura Z. Stuurmans City Attorney Jon M. Henning City Clerk, Marilyn Bertholf Secretary, Carol Thrasher Item 12g). C/M Dunne MOVED to approve the purchase of a new mower; Vice Mayor Stein SECONDED. VOTE: ALL VOTF",D AYE. LEGAL AFFAIRS 32. C/M Munitz requested that Item 32 be held until C/M Stelzer is present because he felt that his input would be important to the subject. Mayor Kravitz agreed to hold the item. 33. _ CityCouncil Agenda __ Procedures Temp . Reso. #3116 - Discussion and _ _ possible action to revise Resolution 84-34 regarding City Council proce- dures to amend the day and time of the pre -agenda workshop meeting. SYNOPSIS OF ACTION: APPROVED, with correction. RESOLUTION NO. R-84- ,2,,4, PASSED City Attorney Henning read Temp. Reso. #3116, by title. He explained that Pre -Agenda Workshop Meetings had previously been held on Thursdays preceding the Council Meeting on Wednesday. This will amend that Resolution to change the Pre -Agenda Meeting to the Wednesday before the Council Meeting at 8:30 A.M. City Attorney Henning directed the City Clerk to correct "That Subsection 2A" to "That subsections 2A and 2C" in Section 1. Vice Mayor Stein MOVED for adoption of Temp. Reso. #3116. C/M Munitz asked for a correction to line 22 to include the word "agenda" before "workshop", in order to clarify the language. Vice Mayor Stein accepted the change. C/M Munitz asked if an item would be removed from the agenda if it was not received in the City Clerk's Office by 5:00 P.M. on the day of the Workshop, as specified in the Resolution? City Attorney Henning clarified that the subject of items to be discussed at Council Meetings must be given to the City Clerk's Office by that specified time. The back-up should be submitted within 48 hours in advance of the Council Meeting; if not, Council has the choice of tabling the item. C/M Munitz asked then, if it is not compulsory or at the discretion of the Council or if it is automatically not considered. City Attorney Henning replied that all items take Council action; none are deleted automatically. C/M Munitz SECONDED. VOTE: ALL VOTED AYE. C/M Munitz requested that a Workshop Meeting be scheduled for a complete restructuring of the Resolution that outlines Council Proceedings so that everything is spelled out, in order for the Council to operate effectively and efficiently as a Council. -14- 4/25/84 /cmt COMMUNITY DEVELOPMENT 37. Golfview Plaza . Temp. Reso. #2977 - Discussion and possible action to authorize execution of a Four -Party Agreement with Broward County, City of Fort Lauderdale and Executive Golf Apartments, Inc., regarding development of this project (tabled from 1/3/84). SYNOPSIS OF ACTION: APPROVED, as RESOLUTION NO. R-84- / PASSED amended to specify that when final Certificate of Occupancy is issued for development, agreement will cease. City Attorney Henning read Temp. Reso. #2977, by title; and introduced Jerry Knight, Attorney to the developer for a report on this project. Mr. Jerry Knight reported that this Plat was approved by the County Commission a year ago, subject to the developer entering into an agreement with Broward County, and the Cities of Tamarac and Fort Lauderdale because the. Plat straddles the two city boundaries, about 3z acres on NW corner of 21st Avenue & Prospect. The purpose of the agreement is to satisfy concerns about the development of this property. Basically, that if the property is developed for other than industrial purposes, the developer will. pay the additional road impact fees or any other fees required for the different development. The cities would agree that they would not issue building permits for use other than industrial or if they receive notice from the County that they have requested right-of-way to 21st Avenue, without results from the developer., Mr. Knight advised that this item had been on Council's agenda before and was deferred for City of Fort Lauderdale approval. He stated that agreement has been approved and executed by that city and approved by the staff of Broward County. City Attorney Henning asked if agreements of this sort have been used frequently by the County, could Mr. Knight give any specific examples of multi -party agreements for development with the County and other Cities. He also asked what obligation, alternatives, or liability does the City have in entering into this agreement. Mr. Knight stated that this is not a Mechanism used frequently by the County; there was some particular concern about this property because of the history of land use and rezoning designating the property as industrial. However, he referred to a three -party agreement on the Woodmont project with the developer, the County, and the City of Tamarac. City Attorney Henning asked if this meant that if the developer applies for more intensive use as he moves along with the project, the developer will be subject to greater fees by the County and the City is to notify the County. This could mean that the project would go on forever. Mr. Knight replied that it would go on until the property is developed. The City Attorney stated that perhaps the City would be more comfortable with the agreement if it stated that the agreement would cease at time of C/O, and asked if the developer would agree to the addition of such a statement. Mr. Knight agreed and also stated that he sees no liability on the part of Tamarac. The developer would be held responsible for any increase; once the City of Tamarac issues the Certificate of Occupancy. City Attorney Henning requested that the Resolution be amended to include that upon the issuance of a final Certificate of Occupancy by the City of Tamarac, the Agreement will cease. Vice Mavor Stein MOVED to adopt Temp. Reso. #2977, as amended; C/M Dunne SECONDED. C/M Munitz asked who had the responsibility for monitoring this agreement. Mr. Knight responded that the Agreement does not specify, but the County will monitor the project. City Attorney Henning stated that he assumed the City of Tamarac Building Department would have that responsibility. Mr. Knight advised that the City of Tamarac has the responsibility not to issue permits for anything other than industrial, unless the County authorizes it. C/M Munitz referred to comments at a previous Council Meeting, prior to the -15- 4/25/84 /cmt tabling of the item, that the responsibility should not rest with the City of Tamarac; and that was one of the objections at that time. He asked if this agreement resolves that objection. Mr. Knight responded that it does not specify who will monitor, only that the City of Tamarac is responsible for issuing permits, as explained earlier. C/M Munitz asked City Attorney Henning if the Agreement should not specify monitorship. City Attorney Henning stated that he understood that if we sign an agreement to issue permits, Tamarac would be responsible for the monitoring, and agreed that was the reason that the Council was hesitant previously. He also stated that with the amendment to specify a time of ending the agreement, he feels more comfortable and we are doing the County a favor, basically, C/M Munitz asked for clarification because if this had not changed, what makes it not necessary now. Vice Mayor Stein stated that he felt that nothing has changed; but he feels that if the City issues the permits, it wants to know what is going on and the City should -monitor. C/M Munitz stated that there was more to this than the issuing of permits. Vice Mayor Stein stated that this concerns the use of the land for other than industrial use. Mr. Knight advised that, in reality, if the developer wanted to use the property for some- thing other than industrial, not only would he have to come to the City for a permit, but he would have to get a land Use Plan amended and get it rezoned; so there are many opportunities for the City to be aware of what is happening, without taking on a big burden. C/M Munitz referred again to the concern of the previous Council and asked City Attorney Henning if anything had been done to change his thinking. City Attorney Henning explained that the responsibility must rest with Tamarac if we issue the permits. He further stated that we want the police power; we want to be in control to issue a permit, not delegate it elsewhere; we want the responsibility that goes with that power. Mayor Kravitz called for a vote on this item. VOTE: ALL VOTED AYE. 38. Nancy B. Heikkinen - Special Exception Petition #23-Z-83 - Tem . Reso. #2996 - Discussion and possible action to grant a special exception to permit a day care center in a B-1 (Neighbor- hood Business) zoning district on the east side of NW 70 Avenue, south of McNab Road and south of the existing two-story store/ apartments building at the southeast corner of this intersection (Public Hearing held 1/25/84). SYNOPSIS OF ACTION: Approved, RESOLUTION NO. R-84- J _PASSED with amendment for sidewalk on east side of road. City Attorney Henning read Temp. Reso. #2996, by title. City Planner Rubin reported that when Council reviewed this item in January, it was determined that the applicant would need a variance for .lot size and to assure adequate play area. This variance has been granted by the Board of. Adjustment for one year. He stated that if the Special Exception is granted today, the applicant still must receive site plan approval, which is estimated within the next month. He advised that to the north, the commercial site has no objections; to the south there will be a 200-unit development, and the developer has no objections; on the opposite side of McNab Road, the neighbors have no objection. Mr. Rubin recommended approval with one exception - there might be a need for a sidewalk on the east side of the road; the developer to the south will be building a sidewalk on the west side. He requested that this Resolution include the condition that if, at the time of approval of the site plan, it is determined that this sidewalk is needed, the applicant must provide the easement for that sidewalk, and build it in conjunction with the development of the property. Mayor Kravitz asked if the applicant was present and would agree. The Architect, Larry Kramer, announced that he and the applicant were present and that they agreed to this condition. -1�- 4/25/84 Vice Mayor Stein MOVED to adopt the Resolution, with the condition; C/M Munitz SECONDED. VOTE: ALL VOTED AYE. PUBLIC HEARINGS 20. All Service Refuse Company -_Commercial Garbage _Collection Tem Ord. #1104 Discussion an Franchise _ p, r .- d possible action to renew this franchise for one year. Second Reading. SYNOPSIS OF ACTION: Approved. ORDINANCE NO. 0-84->PASSED City Attorney Henning read Temp. Ord. #1104, by title. City Manager Stuurmans advised that this is an annual renewal of a commercial garbage franchise; the terms and conditions have remained the same; and Staff recommends approval.. She stated that all conditions have been met by the applicant. Mayor Kravitz opened the Public Hearing. Hearing no one from the public, he closed the Public Hearing. C/M Munitz MOVED for adoption of the Ordinance; Vice Mayor Stein SECONDED. VOTE: ALI, VOTED AYE. 21. Ferris _e Temp. Ord. #1105 - Discussionandpossible action Brown Ferris_Indus d._f Florida, Commercial Browning i Industries _ Collection ,Fran -- action to renew this franchise for one year. Second Reading. SYNOPSIS OF ACTION: Approved. ORDINANCE NO. 0-84- `PASSED City Attorney Henning read Temp. Ord. 41105, by title. City Manager Stuurmans advised that this is the same as the previous item; all conditions have been met; Staff recommends approval. Mayor Kravitz opened the Public Hearing. Moni Avidon, Resident, stated that this Company has serviced his home in a very favorable fashion and he heartily endorsed this renewal. Hearing no one else from the public, Mayor Kravitz closed the Public Hearing. C/M Munitz MOVED for adoption of the Ordinance; C/M Dunne SECONDED. VOTE: ALL VOTED AYE. 22. County Waste, Inc. - Commercial Garba e Collection Franchise - Temp. Ord. #1107 - Discussion and possible action to renew this franchise for one year. Second Reading. SYNOPSIS OF ACTION: Approved. ORDINANCE NO. 0-84- PASSED City Attorney Henning read Temp. Ord. #1I07, by title. City Manager Stuurmans advised that this is the same as the prior two actions; at first reading there was a requirement for an increase in the cash bond. She stated that the applicant has placed an additional $150.00 cash bond with the City; all conditions have been met; and recommended approval. Mayor Kravitz opened the Public Hearing. Hearing no one from the public, he closed the Public Hearing. C/M Dunne MOVED for adoption of the Ordinance; C/M Munitz SECONDED. VOTE: ALL VOTED AYE. 23. Industrial Waste Services, Inc. - Commercial Garba e Collection Franchise - Temp. Ord. #1106 - Discussion and possible action to renew this franchise for one year. Second Reading. SYNOPSIS OF ACTION: Approved. ORDINANCE NO. 0-84-,PASSED City Attorney Henning read Temp. Ord. #1106, by title. City Manager Stuurmans advised that all conditions have been met; terms remain the same; and recommended approval. Mayor Kravitz opened the Public Hearing. Hearing no one from the public, he closed the Public Hearing. C/M Dunne MOVED for adoption of the Ordinance; C/M Munitz SECONDED. VOTE: ALL VOTED AYE. -17- 4/25/84 /cmt 24. Ronkoma Corporation_- Commercial Garbage_ Collection Franchise - Temp. Ord. #1108 - Discussion and possible action to renew this franchise for one year. Second Reading. SYNOPSIS OF ACTION Approved. ORDINANCE NO. 0-84- PASSED City Attorney Henning read Temp. Ord. #1108, by title. City Manager Stuurmans advised that all conditions have been met; terms remain the same; and recommended approval. Mayor Kravitz opened the Public Hearing. Hearing no one from the public, he closed the Public Hearing. C/M Munitz MOVED for adoption of the Ordinance; C/M Dunne SECONDED. VOTE: ALL VOTED AYE. 25. Southern Sanitation Service - Commercial Garbage Collection Franchise -_Temp. Ord. #1109 - Discussion and possible action to renew this franchise for one year. Second Reading. SYNOPSIS OF ACTION: Approved. ORDINANCE NO. 0-84- PASSED City Attorney Henning read Temp. Ord. #1109, by title. City Manager Stuurmans advised that since First Reading, applicant has paid applica- tion fee, submitted audit of accounts, and complied with all conditions; terms remain the same, and recommended approval. Mayor Kravitz opened the Public Hearing. John Lachmann, Resident, stated that he proposed at the First Reading, that consideration be given to awarding 2-year contracts. City Manager Stuurmans advised that this would require amendment to City's existing law, which could not have been done prior to the Second Reading. This could still be considered although another point to consider is since this deals with services to the community, one-year contracts allow the City the opportunity to monitor the performance of these franchise holders. Nich Camerano, Resident, stated that he prefers the one-year contracts for monitoring the performance. Hearing no one else from public, Mayor Kravitz closed the Public Hearing. C/M Munitz MOVED for adoption of the Ordinance; Vice Mayor Stein SECONDED. VOTE: ALL VOTED AYE. 26. Veterans Affairs Co mmittee - Temp. _ possible action to create a new section provide for a Veterans Affairs Committee SYNOPSIS OF ACTION: APPROVED; with appointments to be made at next regular meeting. Ord. #1098 - Discussion and in Chapter 2 of the Code to . Second Reading. ORDINANCE NO. 0-84-��PASSED City Attorney Henning read Temp. Ord. #1098, by title. He explained that this Committee is made up of five or more members, serving one-year terms at the appointment by Council. Mayor Kravitz opened the Public Hearing. Ray Baade, Resident, asked how this Ordinance is going to accomplish any particular benefit for the veteran residents of the City. Speaking as a past commander of the American Legion of Tamarac and a member of the Veterans' Alliance, he stated that with these organizations and the Veterans' Affairs Committee of the Presi- dent's Council, he feels that any problem that might occur can be taken care of; unless there is something more proposed in this Ordinance than he is familiar with. Hearing no one else from public, Mayor Kravitz closed the Public Hearing. C/M Munitz commented on Mr. Baade's involve- ment with the Veteran's Affairs Committee and stated that for Tamarac not to enter into this great responsibility to the Veterans of Tamarac would be a mistake. C/M Munitz stated that he heartily endorsed the adoption of this Ordinance, and so MOVED. C/M Dunne SECONDED. VOTE: ALL VOTED AYE. Mayor Kravitz questioned City Attorney Henning regarding the appropriate- ness of appointing members today. City Attorney Henning suggested announcing the openings today and agendize the appointments for the next meeting. Mayor Kravitz announced that anyone wishing to apply to serve on this Committee can do so now; appointments will be made at the next regular meeting. -18- 4/25/84 /cmt Tape 27. Land Use Plan Amendment - Petition #2-LUA-84 - Temp. Ord. 6 #11.00 - Discussion and possible action to change the Land Use designation of a parcel of land 400-feet in width by 400-feet in depth located on the north side of Westwood Drive, approxi- mately 400-feet east of Nob Hill Road, from Institutional to Residential Medium (15 DU/AC). Second Reading. SYNOPSIS OF ACTION: Tabled until all items are satisfied. City Attorney Henning read Temp. Ord. #1100, by title. City Planner Rubin reported on progress.and status, explaining that on the First Reading, there was a favorable review of their application to rezone the land and change the Land Use to allow the conceptual plait presented by Mr. Toll. The Council placed the condition at that time for a Declaration of Covenant to the City, stipulating to specific items included in the concept plan; and Mr. Rubin stated that this Covenant was received just a short while ago and copies are being made. City Attorney Henning advised Mr. Rubin that he had distributed copies of Mr. Rubin's memo which outlines the points to be covered by the Covenant, and asked that he discuss this with Council until copies of the Covenant are received. With copies of the Covenant received as back-up, Mr. Rubin compared the items in his memo to the Covenant submitted by Mr. Toll. 1. Density shall not exceed 1.4 DU/AC or 56 units - Declaration states that the density of the Property shall not exceed fifty-six (56) residential units. Mr. Rubin stated this item is satisfied. 2. Setbacks shall be at a minimum from property lines: Street 38' Rear 25'; Between buildings 28' - Declaration states that there shall be a minimum front yard setback of thirty-eight (38) feet; a minimum rear yard setback of twenty-five (25) feet; and a minimum distance between buildings of twenty-eight (28) feet. Mr. Rubin stated this item is satisfied. 3. The maximum building height shall be two (2) floors - Declara- tion states that the maximum building height shall not exceed two (2) stories or thirty (30) feet. Mr. Rubin stated this item is satisfied. 4. All units will have direct access to parking area without common balconies - Mr. Rubin stated that this item is not on the Declaration, but it is on the Site Plan and should be discussed. 5. The minimum amount of parking spaces will be 114 - Declaration states that the property shall contain parking spaces for one hundred fourteen (114) automobiles. Mr. Rubin stated this item is satisfied. 6. Developer shall pay a recreation fee equaling $5,320 which is $95.00 per unit - Declaration states that the Owner shall pay to the City of Tamarac, park and recreation fees in the amount of Ninety-five and 00/100 ($95.00) Dollars per unit. Mr. Rubin stated this item is satisfied. 7. Developer shall submit site plan and plat in accordance with provisions of Tamarac City Code - Mr. Rubin stated that he does not see this on the list, -19- 4/25/84 /cmt _ 8. All residential units minimum size shall equal or exceed the minimum requirements of Tamarac City Code - Mr. Rubin stated that this is not covered in the Declaration. 9. Future successors/Assigns shall be bound by this stipula- tion - Mr. Rubin referred to City Attorney for satisfaction of this item. City Attorney Henning stated that it is covered. Mr. Rubin advised,, therefore, that there are still three items not satisfied in the Covenant, A, 7, & 8. Mayor Kravitz asked if we could get a response from the developer on this. Mr. Myles Tralins, representing the applicant, referred to the Council Meeting on April 11, 1984, when.Mr. Rubin presented a review of Tract 41 that showed what was proposed by Toll Development, Tamarac's code of minimum standards, the difference between the two, and what special regulations were involved. Their agreement at that point was to prepare a Declaration of Restrictions which would bind the land to development in accordance with the Tract 41 review, which was stated as acceptable. Mr. Tralins stated that the three items referred to as not satisfied, were not included on the review sheet provided to them last week; but are taken care of anyway. while item #4 is shown on the site plan, it does not show elevation. This was not addressed in the Tract 41 review but will be reviewed at the time of Site Plan Review or for compliance with City's Ordinances at the time of development. Ue stated that insofar as the requirements for units to be a minimum size under code and submittal of the site plans and plat in accordance with provisions of the code., the Declaration states that all other matters affecting the development of the property, aside from the eight specific deed restrictions, shall be governed by the Law: (1) the Court Orders and Stipulations in the Leadership Eousing Litigation in 1972; (2) the agreement to settle and compromise between Leadership and the City of Tamarac, which is recorded; and (3) the City of Tamarac Code of Ordinances, where they are applicable. Mr. Tralins said that if those!laws are applied, that would guide them for the development of the rest of the project. Mayor Kravitz stated that this still does not answer the question if they were agreeing to those three items; or if they were saying that the items as stated in the Declaration were in accordance with the Court Order and they were going strictly by that. Mr. Tralins replied. that the subject now was zoning and with respect to those. 8 items, the developer was agreeing to whatever development and building standards are required by City of Tamarac Code and whatever Court Order applied. Mayor Kravitz asked if the developer objected to Items 4, 7 and 8; or at this point, saying no. Mr. Tral-ins stated that it is not a question of agreeing or disagreeing; whatever the law requires is what the developer will do. Mayor Kravitz stated he would like a direct answer. Mr. Eugene Toll, Developer, stated that he had not seen the City Plan- ner's memo until five minutes ago. What they agreed to in the "last meeting and what their Declaration agreed to was a chart of the proposal provided by Mr. Rubin. He advised that in every instance his proposal was more restrictive than the City Planner's; and that is what they were given to draw up a Covenant, Now they are being asked if they would build residential units equalling or exceeding minimum requirements of Tamarac City Code.` He replied "Yes"; however he stated that was not asked on the chart. He referred to Item 7 and added the statement as the Court Order ordered it in 76-25. Mayor Kravitz stated that that is not what the memo says. Mr. Toll agreed that is not what the memo says, but if you get the Court Reporter's records of that meeting, that is what they agreed to. Mayor Kravitz said he is not questioning that, his question has still not been. answered; he wants to know if Mr. 'Poll would agree, as the City Planner asked, to Items 4, 7 and 8, as stated in his memo. Mr. Toll said "no"; they were never discussed with him before now. -20- 4/25/84 /cmt City Attorney 'iienning asked that these items be taken individually for the record. Referring to Item 4 direct access to ?arking units, he advised that he discussed this with Richard Potash from Mr. Tralins firm and upon review of the drawings showing the elevations, these units are similar to townhouses even though they are one-story apartments . Instead of having a cat -walk in the front and a common walkway or stairway at each end, leading onto a common parking lot, this would be more of a town house design where you walk out your front door and go to your own parking space. Mr. Henning stated that this was the design the Council was referring to; it is not necessarily required by the Code; but it is the design that was proposed to the Council, and that is what the lack of common balcony refers to. Regarding Item 8, City Attorney Henning stated that he does not recall if the present City Code has larger square footage per unit; but he assumes that the developer is agreeing to whatever the Code requires. Mr. Toll replied "yes". City Attorney Henning stated that the problem is Item 7 . A legal question comes up; where the statement, as written in the memo, includes that a valid site plan will have an accompanying water and sewer agreement. There has been a question whether Leadership Property requires such an agreement, and whether or not guaranteed revenues are required for Leadership Property. He stated that this problem is being discussed on some other developments involving Leadership Property. Another area being discussed is the review of site plan by the Planning Commission, landscaping plans. and sign ordinance being reviewed by the Beautification Committee, with appropriate fees and permits. The City Attorney advised that these are traditional reviews by the various Committees in the City; and he stated he feels that Item 7 is the area of most importance and that simple sentence includes many things that we are not sure whether Leadership Property or Toll Development are in agreement with the City's practices. He questioned Mr. Tralins as to whether he has touched on those items that will be discussed with the Council in the near future. Mr. Tralins stated that that was correct and insofar. as Item 4 is concerned with units having access to parking areas, there's no problem with that. If that's a concern with the Council, Mr. Tralins advised that Mr. Toll says that is acceptable. Insofar as residential units of minimum size, that is also acceptable; their proposal doubles the minimimum size anyway. Insofar as the processing of any site plan and plat is concerned, to the extent that the Court Order applies, that will apply; to the extent that Tamarac Ordinances applies, they will apply; and at the time that the documents are to be processed, a determination will be made by Tamarac City Attorney, Building Depart-- ment, Planning or Permitting Department which apply and which do not; and it will be resolved at that point in time. Vice Mayor Stein asked for clarification on the zoning of this land; he assumed it was zoned institutional; and there was no obligation that the City rezone it, except by the surrounding residents' request. He stated that he believed, however, that this would be done according to our present building requirements and zoning and that it would have nothing to do with the stipulation with Leadership Property. He stated that he feels this is outside of the Leadership Property agreement because if the land is not rezoned, it stays as is, and they can do what they want under that agreement. By rezoning, Vice Mayor Stein stated he does not understand the objection to complying with the present Ordinance. Mr. Tralins responded that the Court. Order specifically provides that in the event the rezoning application is filed and the property is rezoned, the Court Order is still applicable; it is not a waiver of the order. Secondly, it is their position as stated to the Council previously, that outside of the specific requirements for development, the development should be in accordance with the Court Order as it applies, with the Compromise and Settlement Agreement as .it applies, and ,Tamarac City Ordinances as it applies. -21.- 4/25/84 /cmt C/IvI Munitz stated that in regard to Item7, he has heard at least three different laws referred to, and questioned Mr. Tralins about what would happen if any of these laws were in conflict. Mr. 'Tralins responded that no matter what, the rights and obligations of developers and the City really need to be enunciated in a workable checklist, so that everybody knows where each law applies; and if they don't apply then the obvious law is 'Tamarac Ordinance. He said that he and the City Attorney had discussed this in order to have some clarity because there are some instances do not apply. C/M Munitz requested clarification of Tamarac City Ordinances being third on the List of laws; if this meant that if the other two laws applied, then Tamarac Ordinances would not. Mr. Tralins responded "yes". Vickie Beech, resident, Section 20, asked how many units were involved. C/M Munitz replied "56." Bernie Hart, President of Tamarac Presidents' Council, stated they think it should be residential based on: (1) the project is surrounded on three sides by residential property; (2) it is a very narrow street; and (3) the residents adjoining this property did not want institu- tional zoning. NOTE: C/M .lack Stelzer entered the meeting at 2:45 P.M. Morton Student commented that in these meetings, Mr. Toll is always requesting property be rezoned from institutional to residential. Mr. Student stated that the City needs some institutional property, to accommodate for museums, libraries, churches, or other things; and wanted to know when this rezoning was going to stop. Florence Bochenik stated that the Council, the City Planner, and the Developer can each compromise to come to an agreement. Vice Mayor Stein asked Mr. Tralins what other objections they had in complying with the present code or if it is just dollars and cents? Mr. Tralins renlied.that the Pssentia.l. difference is the additional fees. Vice Mavor Stein asked City Attorney Henning annroximately what amount this covers. City Attorney Henning stated that this depends on whether or not they develop right away- One area is guaranteed revenues if the water meters are hooked up within 6 months of the site plan approval there is no change; if there is a delay of more than.6 months, then the fee is about $500.00 per month. He stated that there are other fees involved but they are not the issue at this time. Mr. Tralins stated that one of the fees that would not have otherwise been required are the Recreational fees of $95.00 per unit x 56 units, which the developer agreed to and which is covered in their Declaration. Vice Mayor Stein commented that if the issue is the dollar amount con- cerning the water and sewer, maybe it would be feasible to give the developer a year instead of 6 months, as a means of compromise. City Attorney Henning advised that Mr. Rubin pointed out that another item to be considered is the water retention fee which is $1,750.00 per acre x 4 acres totalling about $6,000. Mr. Tralins responded that the Compromise and Settlement Agreement between Leadership and the City vested water retention rights in Leadership properties and said that that was one of the things in the Settlement for which Leadership paid the City about half a million dollars in cash. City Attorney Henning asked Mr. Tralins if the developer would agree to the processes, for approval of the Planning Commission for site plan; and approval of the Beautification Committee for landscaping plans, if the developer receives the waiver of the fees. Mr. Tralins replied that these stipulations were made by Mr. Rubin previously. Mr. Toll commented that he had agreed to these stipulations previously. Vice Mayor Stein confirmed that all we are discussing then is dollars. -22- 4/25/84 /cmt G/M Stelzer asked for confirmation in reviewing that no one objects to the rezoning; and the objection is only concerning money not to be paid by Mr. 'loll; and stated that he does not see why the City should give him any more relief than given to anyone else. C/M Stelzer commented that Mr. Toll is behind on some of his other projects and if he is going to hold the City up by not paying any of his fees they should table the entire matter until a decision is made by Mr. Toll. C/M Stelzer MOVED to table the item. Mayor Kravitz asked for a Second; none was received. C/M Munitz stated that he was not ready to Table this item without one subject being clarified: The City needs Mr. Toll and Mr. Toll needs the City so that the City can remain a viable, liveable City. Both parties must be willing to give _and take both ways. He stated that the development of 'Tamarac is not a one-way street and Council is now faced with a situation where the City Attorney was authorized to meet with the developer and return to Council with a report, which C/M Munitz stated he has not seen but assumes there was a meeting. City Attorney Henning advised that the documents before Council is evidence of that meeting., which covered the subject of 'Tract 41 for the specific purpose of outlining a covenant or stipulation. He stated that now there is only one item remaining raised by Mr. Rubin, which is Item #7 in his Memo, concerning the ramifications of the difference between the Court Order and the present City Code. The City Attorney reviewed that basically what has been conceded or agreed to now is that the developer will build pursuant to the City Code, virtually in the Site Plan for this 4-acre.site and that all earlier stipula- tions bind them to go through necessary reviews. He stated that the only question is if certain fees apply. Mayor Kravitz entertained motions on this subject. C/M Munitz MOVED to Table this item until Item #7 of the April 17th memo from the City Planner has been resolved to the satisfaction of the Council; C/M Stelzer SECONDED. VOTE: ALL VOTED AYE. Mr. Tralins stated that the Code of Ordinances of the City of Tamarac requires action to be taken by the Council with respect to a rezoning application within a specified period of time. So the record is clear, he advised that on behalf of Mr. Toll, they do not waive their rights to have a zoning determination within that period of time. He stated that they would like the matter resolved one way or the other; if the property remains Institutional, they are ready to go with it and that's what they would put on it. C/M Munitz commented that there was no question on the part of Council with regard to rezoning. Mr. Tralins replied that in the last meeting, they agreed to all of the items as listed in their Declaration and listed by Mr. Rubin. C/M Munitz restated the exception to Item #7. Mr. Tralins responded that Item #7 was never included in the original list and was not discussed. He restated that the item was added after that point in time and was never addressed until today. He offered to bring the Court Reporter's records for Council's verification, if necessary. C/M Munitz asked if they were comfortable in discussion to resolve this item, and stated that Council has no more desire than the developer to stall this project. Mr. Tralins responded that they prefer to resolve it. Vice Mayor Stein referred to his earlier questioning regarding the waiver of fees for one year. Mr. Tralins advised that it is,important to understand why this is not necessary, or required. There were 5600 Marman residential units reserved to Leadership Properties, and Mr. Toll has purchased these properties. Fie said that Mr. Toll has guaranteed connections already by virtue of that previous purchase agreement, and now the City is asking him to pay for them again. -23-- 4/25/84 /cmt Vice Mayor Stein advised that the City Attorney will advise Council on this. Mr. Tralins stated that if Mr. Henning's opinion is that the fees are to be paid, that is Mr. Henning's opinion and the developer cannot process his plans until the fees are paid unless they challenge this opinion legally. He stated that this deed restriction provides for that determina- tion by the City as to what applies and when such determination is made, if the developer takes issue with it, they will deal with it at that point in time. C/M Munitz asked City Attorney Henning to clarify the subject of the 8600 Marmon ERC's, stating that in discussion with the Deputy Finance Director, it was trade clear that the purchase of the util-_ties trust be resolved. concernin.v any developer regarding these units. Mr. Toll stated that he agreed; he wanted it resolved too. Mayor Kravitz advised that our City Attorney is aware of this, and ended discussion on the item. 28. Toll Development Corp. - Rezoning Petition #8-Z-8- Temp. Ord. #1101 - Discussion and possible action to rezone lands on the north side of Westwood Drive, approximately 400-feet east of Nab Hill Road, from I-1 ("institutional) to R-4A (Planned. Apartment). Second Reading. a) Acceptance of Affidavit of Publication and Affidavit of Posting. b) Consideration of application. SYNOPSIS OF ACTION: a) Receipt confirmed by City Clerk's Office; b) Tabled Temp. Ord. #1101. Mayor Kravitz questioned the City Clerk on the receipt of the Affidavit of Publication and Affidavit of Posting; the City Clerk affirmed receipt. Mr. Rubin stated that according to the City and the County Land Use Plans, it is required that a Land Use Amendment be adopted prior to consideration of a rezoning issue. Citv Attorney read Temp. Ord. #1101, by title. Mayor Kravitz opened the Public Hearing,. Hearing no one from the public, he closed the Public Nearing. Tape Vice Mayor Stein MOVED to Table the Ordinance. C/M Dunne SECONDED. 7 VOTE: ALL VOTED AYE. Mr. Tralins restated that, on behalf of Mr, Toll, their position was to proceed on this item. He asked the status of Item #41 which is also their item and Mayor Kravitz advised that Council had seen fit to Table that item in the morning. 29. Land Use Amendment - Petition #4-LUA-84 - Temp. Ord. #1112- Discussion and possible action. to change the Land Use designation of a parcel of land containing approximately 14.814 acres and located on the Sunshine Plaza and west of the Commercial Shopping Plaza on State Road 7, from Commercial to Low/Medium Residential. First Reading. SYNOPSIS Of ACTION: on First Reading. Approved City Attorney Henning read Temp. Ord. #1112, by title. Mr. Rubin reported about a year ago, this land was rezoned from Residential to Commercial. He advised that the applicant then applied to re- zone it in accordance with that Land Use Plan, and received opposition from his neighbors to the north, a residential rental project who was concerned that rezoning to Commercial might reduce the value of their property. Mr. Rubin advised that the applicant does not wish to be a bad neighbor, and after considering the rezoning for over a year, has determined that in the best interest of the community it should be returned to the Residential category. Mr. Rubin stated that this will require a County amendment, it is con- sistent with the City's land use plan, and staff recommends approval. -24- 4/25/84 Mayor Kravitz opened the Public Hearing. Alice Norian stated that this would enhance and upgrade this area to rezone to Residential and she heartily agrees. Hearing no one else from the public, Mayor Kravitz closed the Public Hearing. C/M Stelzer MOVED for adoption of the Ordinance. C/M Dunne SECONDED. VOTE: ALL VOTED AYE. 30. American Cables stems - Temp. Ord. #1110 - Discussion and possible action to amend the rates charged by this company for cable television service. Second Reading. SYNOPSIS OF ACTION: Approved, with stipulation that rate increase is granted for six months only; and review for the addition 11-2 year. ORDINANCE NO. 0-84- �_Z PASSED City Attorney Henning read Temp. Ord. #1110, by title; and advised that since First Reading, a revised Page 2 has been added which includes a new Section 4 which states that there shall be no other rate increases granted prior to June 1, 1986; the effective date of this Ordinance being June 1, 1984, for a two-year rate. John Chapple, American Cablesystems, advised that since the Workshop Meeting and the First Reading, there have been several meetings with the Public, and he would answer questions from the Public at this time. Mayor Kravitz opened the Public Hearing. Nick Camerano, Resident, stated that he and various other residents object very strenuously to any increase for several reasons: (1) the company should have improved their poor quality service long ago, and are now asking that the people pay for the overdue improvements; (2) they are thrusting new services on the people that they do not want; (3) this is the only cable company in Tamarac. Mr. Camerano stated that tie would like to see some competition. He suggested that Council seek an alternate provider. He also questioned Mr. Chapple's statistics on the majority desire for wireless units to change stations. Mr. Camerano stated that he realizes this is the only entertainment for many of the residents. He suggested that if the Council believes they need more money, the City should reimburse American Cablesystems the share of proceeds received for the City, which is contributing to the increased cost and results in citizen's paying double taxes. He recommended that Council table this item until a committee of citizens can be appointed to investigate and report to the Council on rate increases. Florence Bochenik, Resident, advised that a group of Tamarac citizens had met with American Cablesystems and found that the extra services will be well worth the proposed increase and she wants to participate in these services. Tom Tomlin, Resident, advised that he and various residents had met with the company and he feels that the services and advantages far outweigh the fee. Alice Shank, Resident, agreed with Mr. Tomlin and thanked American Cablesystems for upgrading their service. Nick Camerano asked what authority these people had to discuss the rate increase with the Company. Mayor Kravitz advised that any citizen of Tamarac has the right to discuss whatever they want with the company involved. -25- 4/25/84 /cmt Lou Vladem, Resident, stated that he is in favor of part of the increase but asked what extra cost there is to the Company for more than one set that would require over a 20% increase. Mr. Chapple replied that the increase asks for $11.00 for the primary and $6.00 for secondary outlets, which is very close to the company's cost. Every converter costs the Company the same amount; but the Company is discounting the charge to customers for the second and additional units. There being no further members of the public who wished to speak, the Public Hearing was closed. Vice Mayor Stein reported that he has received numerous phone calls, and the majority of the callers ask what guarantee they have that American Cablesystems will provide the service promised if the rate increase is granted. Mr. Chapple replied that as a sign of good faith, the Company has already built 100 miles of cable plant leading up to the Boulevards area to improve the service to those people; and have assured that the entire area will be built by May 30th, at significant cost to the Company. The new phone system will be installed early in May that will double the capacity to handle subscriber traffic and personnel is being increased by 30%. Mr. Chapple advised that it was through the City Manager's Office that the citizens' group was developed and American Cablesystems is working closely with the City Manager to initiate local programming efforts. C/M Munitz reported that he too has received many phone calls asking what redress would they have if those improvements discussed were not provided. He suggested that maybe the Council should wait until the complaints on existing services were rectified, and then act on the rate increase. He asked City Attorney Henning how he came up with the 2-year increase, to which he replied that it was because there had been no increase for the past two years, which he had discussed with various Council members. Mayor Kravitz asked if American Cablesystems would object to the addition of a clause that the contract would be called after 6 months if all promises had not been fulfilled. C/M Munitz asked why we should wait 6 months; and the Mayor replied that this was at the suggestion of the City Attorney. Vice Mayor Stein stated that he would like to grant the increase for 6 months, with the stipulation that if all promises were satisfied at that time, the additional year and a half would be granted. In response to a comment by Council regarding making improvements prior to the increase, Mr. Chapple indicated that his Company did begin system improvements in the latter part of last year. C/M Munitz stated that he is talking about the quality of the existing service, not with the new services. He said he feels that the quality should be improved prior to any rate increase. Vice Mayor Stein MOVED to grant the increase for 6 months, at which time American Cablesystems is to appear before Council for approval and extension for another year and a half. C/M Dunne SECONDED. C/M Stelzer stated that he still feels Council should grant the 2-year contract, reviewable in 6 months, at which time the contract can be cancelled if not agreeable. Vice Mayor Stein explained that in granting the increase as moved, it is necessary for American Cable - systems to come back to Council to report prior to any extension. Mayor Kravitz called for a vote on the motion. City Attorney Henning requested, in fairness to the City and to American Cablesystems, that the Company submit a letter listing all those items discussed today and previously including higher quality of existing service and a menu of new services, with a statement that such services will be implemented within 6 months. Mr. Chapple advised the American Cablesystems will provide Council with a monthly update on these subjects. VOTE: ALL VOTED AYE. -26- 4/25/84 /cmt COMMUNITY DEVELOPMENT 43. Tamarac Town S_aliare - Discussion and possible action on: a) Revised Site Plan for revisions to outparcel - Temp. Reso. #3037 (tabled from 4/11/84). b) Release of performance bond posted for landscaping - Temp. Reso. #3107. SYNOPSIS OF ACTION: a) Approved revised site plan; b) Approved release of performance bond. RESOLUTION NO. R-84- PASSED RESOLUTION NO. R-84- 1a7 PASSED a) City Attorney Henning read Temp. Reso. #3037, by title. Mr. Rubin reported that Council had approved the revised site plan. The applicant has elected to remove a restaurant as a free-standing parcel along 88th Avenue and instead place in its location a 2500 square foot bank and a 2500 square feet of commercial retail area. He stated that not only is the traffic less intense for these uses, the building size is smaller and the applicant has agreed to place landscaping in front of the building to buffer it from the road, which is greater than we had originally approved. Mr. Rubin stated that Staff recommended approval; the Planning Commission notified applicant that one bay, next to the Bagel Restaurant, had a parking problem; and the applicant has agreed to resolve that problem by revising the parking island to provide for better turning. He stated that this change is on the plan before Council. C/M Munitz MOVED for adoption of the Resolution; Vice Mayor Stein SECONDED. VOTE: ALL VOTED AYE. b) City Attorney Henning read Temp. Reso. #3107, by title. Mr. Rubin reported that all landscaping has been done and Staff recommended release of the bond. C/M Dunne MOVED for adoption of the Resolution; C/M Munitz SECONDED. VOTE: ALL VOTED AYE. GENERAL ADMINISTRATIVE/FINANCIAL 18. Grants - Status report by Mitchell Caesar, Grants Consultant. Discussion and possible action. SYNOPSIS OF ACTION: City Attorney to complete report to Council; Mr. Caesar to submit written report. C/M Munitz stated that he has no back up on this item and questioned whether Council should discuss this matter with no back up. Mayor Kravitz suggested that Mr. Caesar give an oral report, then submit his written report. Item a - Park Grants. Mitchell Caesar reported that his written report is being held in order to cover a meeting in Tallahassee tomorrow on behalf of several Grant items and wants to include this in a current report to Council. Mr. Caesar reported on the Park Grant which deals with approximately $60,000.00 from the Department of Resources. He has discussed this with the City Planner and will be submitting a separate memo to him on the subject, which will reflect the "Do's" and "Don'ts" for this year's Park Grants, resulting from his review of such Grants. Item b - University Drive Widening. Mr. Caesar reported that he is still waiting for the computer run indicating the number of trips on University Drive from Broward County. He reminded Council that the road was not designated until the year 2000 by the Metropolitan Planning Organization. No collections have been made on impact there so no money has been segregated for the City of Tamarac in that respect. Once that computer run is completed, the City can get a little closer to getting funded for another $170,000.00 for the design study. He stated that he has been speaking with DOT for their preferences on the study because they would perhaps be a little less expensive, and they would know what they are looking for since they would be doing the study. He stated that this would give us a step up on the major funding, which is the other $2z Million. He advised that the computer run is on MIA (Maximum Impact Approach) and dealing with approximately 31 roads. -27- 4/25/84 /cmt I Item c - Sawgrass Expressway. Mr. Caesar advised that he has contacted the staff of Sawgrass Expressway in reference to Commercial Boulevard, which is approximately a $1 Million expansion and is expecting docu- mentation on this, which will be furnished to Council. Item d - Social Services Van. He reported that he has spoken to the City Manager and her Assistant regarding the need for drivers; and stated that normally Grants are matched to a specific need. Mr. Caesar said that he is trying to take a specific City need and find a Grant that would provide funds, this need being to provide drivers for the Social Services Vans. He stated that there are several possibilities for up to 4 drivers. Item e - List of All Grants Available. Mr. Caesar advised that he and Mr. Browne have also discussed a request from Council to provide a listing of all Grants available to the City. He stated that once the listings are received from various organizations, they must be reviewed as to which Grants apply to the City for specific reasons such as minorities, number of residents, and other stipulations. C/M Munitz reminded City Attorney Henning of his request to review the existing agreement with Mitchell Caesar to clarify the areas that were unclear in that agreement. He stated that he was under the Tape impression that the City Attorney was going to amend or correct the 8 agreement. He stated that Council needs an agreement in a form that they all know just what to expect from Mr. Caesar and what he should expect from them. City Attorney Henning replied that he understood that he was to address the contract with regard to the billing period (1) paid at the end of the month, after services have been rendered; (2) the contract contains a 60-day cancellation clause, at the discretion of the Council. He stated that he has discussed the language of billings with Mr. Caesar regarding more specific billings; and that will be done on the next billing. He advised that the last item he was to check on was to research whether some type of percentage fee would be ethical, legal or appropriate instead of a fixed fee; and he has not completed that assignment yet. He reported that he had not planned to submit a new contract; merely to give everyone a better understanding of the existing contract. However, if further clarifica- tion of duties is desired, he will provide a memo to Council. C/M Munitz asked when reports are required, how often, if oral reports are required; and stated that this is one of the items not clear in the contract and which he had hoped would be included in a new contract. Mr. Caesar agreed and stated that bills would include specific reports; and added that this is not in the contract however the previous Council required a written report every month and an oral report the second meeting of each month. C/M Stelzer commented that if Council were to get written reports on items to be reported to them, that would be the Wednesday before the meeting, with a full week lapsing and anything happening during that week would not be included. He asked why Council would not accept an oral report at the Council Meeting, to be followed up by a written report. Harold Newman, Section 23, mentioned two specific Grants discussed in previous Council meetings, the Bicycle Path and the Senior Employment Grant. He stated that if such grants are made available to all cities, and other cities handle this through their City Manager or City Planner, why does the City of Tamarac need a Grants person. He stated that Mr. Caesar's reports are rhetoric, always what Grants are available, what can be done; but never on what has been done or what Grants have been received. Vice Mayor Stein agreed that the Grants are out there and that Mr. Caesar does not create Grants. The questions that Mr. Caesar is to answer are regarding the feasibility, the availability, and the application of Grants for the City. Vickie Beech objected to having a Grants person; we have elected repre- sentatives in the State, and City staff with the expertise needed to handle Grants. She restated that she and various residents object to having a Grants person on the City Payroll and has yet to see the figures for what the City pays him against what he has accomplished. -28- 4/25/84 /cmt J 7 _� Sam Pizzarello agrees that Mr. Caesar reports only what can be done and what he will do; not on what he has done. Mr. Pizzarello stated that he does not understand how Mr. Caesar can submit a bill for services rendered when his report concerned not what has been accom- plished, only what may be done in the future. Gary Gralla stated that he understood that most of the cities do not have a Grants person and asked why Tamarac, as a small City, needs one. He asked what the problem was in getting Grants; the big Grants that residents were concerned with were the ones to build a new City Hall and Fire Department; and the Grants man had nothing to do with those; the developer and contractors were the source on these. Mr. Gralla expressed his belief that the City has capable people to handle these actions and suggested that they try it for a year without a Grants person. Murray Weiner, resident, asked what Mr. Caesar has accomplished in the past three or four years versus what he has been paid. In reply to Ms. Beech, Mr. Caesar responded that he does have a copy of the reports on all Grants since 1980 and a memo updating those for this past year. Mr. Caesar said that he agreed that the only criteria for determining worth is the dollar figure; and advised that since he has been with the City, he has obtained approximately $475,000.00 in Grants, all of which can be documented. He stated that the City of Tamarac, over and above what they pay him, has made a profit of approximately 9 to 1. Mr. Caesar responded to the question of whether or not the City could manage without a Grants person, by reminding Council that he also does this type of work for Lauderhill and they have done well also with Grants obtained. He advised that a smaller City needs this type of assistance because of the many factors that would eliminate it from many Grants. This knowledge, among others, is needed to ascertain what Grants are available, if the City qualifies, and how to go about getting those Grants. Regarding Mr. Newman's comments on the bicycle path, Mr. Caesar advised that there was only one Grant for this. The Senior Employment Grant is one which Mr. Caesar brought to Tamarac himself. He stated that Tamarac had not received that Grant prior to his arrival; and, in fact, had only received two Grants prior to that time. Mayor Kravitz confirmed with Mr. Caesar that Council would be receiving a written report on these facts. C/M Munitz stated that perhaps these comments could have been avoided if the original agreement had been more explicit regarding reports to be submitted, which hopefully can be clarified. In regard to the figure of $475,000.00 mentioned previously, C/M Munitz asked what this cost the City, without considering any salary figure. Mr. Caesar could not give those figures immediately, but stated that in all of the Grants received, the City contributed a third or less; there were no instances where the City paid him more than the Grant's worth. Mayor Kravitz announced that since no action is to be taken on this item, Council would move to the next subject; and advised that this meeting would be closed at 4:30 and a reconvened meeting would be announced. 15. Selection of Auditor - Discussion and possible action to determine the next step in the selection procedure of City Auditor for Fiscal Year 1983/84, SYNOPSIS OF ACTION: Interview of the auditors be in the order of Touche-Ross, Peat Marwick Mitchell, Alexander Grant, following submission of Letters of Engagement from all indicating the same services. --29- 4/25/84 /cmt City Attorney Henning referred to a previous meeting, with approxi- mately 7 applicants, where the top 3 were ranked. He advised that the City Manager will provide the recipients of these votes. He, along with the City Manager, suggests that Council have those top 3 submit Letters of Engagement to outline the details of their services and their proposal. He advised that legally any of these top 3 can be interviewed to continue negotiation, which he suggested be done in one day, with a ranking. C/M Munitz stated that this was acceptable, as long as no dollar figure was addressed; and both Mayor Kravitz and the City Attorney agreed. City Manager Stuurmans concluded to the City Attorney that the proposal to proceed to the next step would now be appropriate under the law; and he confirmed that it was lawful to go back after the first ranking to any of the top 3 for further negotiation. The City Manager advised that those firms to be called back for interview were Touche Ross, Peat Marwick Mitchell, and Alexander Grant & Company. C/M Stelzer asked if we could get Letters of Engagement for review prior to the interviews. C/M Munitz objected to the word "negotiate" on this subject; and the City Attorney agreed that they are not bidding on dollar figures at this time. Vice Mayor Stein objected to the ranking procedure since there was a tie between the top 2 and suggested that Letters of Engagement be submitted by all of the applicants, then interview. City Attorney Henning advised that a provision of Florida Statute allows going back and forth with any of the Top 3. Vice Mayor Stein requested clarification that if Letters of Engagement are received and Council determines that all three are equal, then specific bidders can, be interviewed regarding money. His understanding is that the two bidders who are tied should be considered equally. A discussion was held regarding ranking procedures. He MOVED that after we get the Letters of Engagement, that the rotation of interviews by Touche Ross, Peat Marwick Mitchell, and Grant. C/M Stelzer SECONDED. C/M Munitz asked if these Letters of Engagement would be submitted orally or in writing and the Mayor replied in writing. C/M Munitz continued with the question if a Workshop would be scheduled to discuss these letters. Mayor Kravitz confirmed. Both Vice Mayor Stein and City Attorney Henning replied that this may not be needed and the City Attorney stated that if they have all the agreements and have no question of any specific bidder, they would not need anything further. Vice Mayor Stein suggested that further action be postponed until these Letters of Engagement are received and C/M Munitz agreed. Mayor Kravitz asked for a vote on the motion. VOTE: ALL VOTED AYE. Mayor Kravitz closed the meeting at 4:30 P.M., and advised that the time and date of the reconvened meeting would be announced. - MAY ATTEST: G11,0F TAMIC AP U1J 13 At !MEETING OF 3 �� CITY CLERK , This document was promulgated at a cost of $ Y3Yeq or $ 4 �a per copy to inform the general public and public officers and employees about recent opinions and considerations by the Council of the City of Tamarac. -30- 4/25/84 /cmt