HomeMy WebLinkAbout1984-04-25 - City Commission Regular Meeting Minutes�aF r.rq
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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
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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
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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.
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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.
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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,
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_ 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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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4/25/84
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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.
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/cmt