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HomeMy WebLinkAbout1983-06-08 - City Commission Regular Meeting Minutes�. 7) [3(-7x 25010 TAMARI'•C. FL-ORDA 33320 FIRST CLASS MAIL CITY OF TAMARAC, FLORIDA CITY COUNCIL REGULAR COUNCIL MEETING WEDNESDAY, JUNE 8, 1983 CALL TO ORDER: 9:30 A.M. ANNOUNCEMENT 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 1. Presentation by Mayor Falck of a plaque to Irving M. Disraell� in appreciation of his contributions during his term of office as a Member of Council. 2. Crime Stoppers Program - Presentation by Mayor Falck of a proclamation designating June 25, 1983, as "Crime Stoppers Day" CONSENT AGENDA 3. Items listed under Item #3, Consent Agenda, are viewed to be routine and the recommendation will be enacted by one motion in the form listed below. There will be no separate dis- cussion of these items. If discussion is desired, then the item(s) will be removed from the Consent Agenda and will be considered separately. a) Minutes of 4/27/83 - Regular Meeting — Approval recommended b� City Clerk. b) Minutes of 5/5/83 - Special Meeting - Approval recommended by City Clerk. c) Minutes of 5/17/83 - Special Meeting - Approval recommended by City Clerk. d) Richard S. Rubin - Consultant City Planner - Services for May, 1983 - $2,100.00 - Approval recommended by City Manager. e) Alan F. Ruf - Consultant City Attorney - 6/3/83 - $1,080.00 - Approval recommended by City Attorney. f) Mitchell Ceasar - Grants Consultant - 5/19/83 - $1,250.00 - Approval recommended by City Manager. g) Muller, Mintz, Kornreich, Caldwell, Casey, Crosland & Bramnick, P.A. - Labor Counsel - Period of 2/1/83 through 3/31/83 - $4,739.84 - Approval recommended by City Manager. 6/8,Pg. 2 Plaque presented 6/8,Pg. 2 Proclamation presented. 6/8,Pg. 3 APPROVED a) through j). PAGE TWO h) Williams, Hatfield & Stoner, Inc. - Consulting Engineer - 5/17/83 - $565.75 - Approval recommended by City Engineer. i) Williams, Hatfield & Stoner, Inc. - Consulting Engineer - 5/17/83 - $1,421.38 - Approval recommended by City Engineer. j) Williams, Hatfield & Stoner, Inc. - Consulting Engineer - 5/18/83 - $1,734.56 - Approval recommended by City Engineer. GENERAL ADMINISTRATIVE/FINANCIAL 4. Bid Award - Police and Fire Departments - Temp. Reso._ #2739 - Discussion and possible action to award a bid for communica- tions equipment maintenance. 5. Summer Recreati_on__Program - Temp. Reso. #2740 - Discussion and possible action to authorize an agreement with the Broward County School Board for the use of Tamarac Elementary School facilities. 6. Williams, Hatfield & Stoner, Inc. - Consulting Engineer - Tem Reso. #2741 - Discussion and possible action to amend an agreement to approve a revised fee schedule. 7. Traffic En­g_ineering - Temp. Reso. #2742 - Discussion and pos- sible action to authorize an agreement with Broward County to perform traffic engineering functions within the City. S. Senior Aides Agreement - Temp. Reso. #2743 - Discussion and possible action to authorize renewal of an agreement with Service Agency for Senior Citizens for a part-time clerical position assigned to the City Attorney's office. 9. Pension Board - Discussion and possible action to appoint an administrative Trustee. 10. Broward League of Cities - Discussion and possible action PUBLIC FEARING - 2:00 P.M. 11. Kings Point - Discussio.n and possible action to vacate certain road rights -of -way in the following locations within this development: a) Land Section 5, west of Tracts 13, 14 and 15 - Temp. Ord_._ #1045. Second Reading. b) Land Section 5, west of Tracts 22, 23 and 24 - Temp._O_r_d. #1046. Second Reading. c) Land Section 5, south of Tracts 12 and 13 - Temp, Ord. #1047. Second Reading. COMMUNITY DEVELOPMENT 12. 3 Lakes Plaza - Model Sales Facility - Discussion and possible action to renew a model sales permit. 13. Westview at Colony West/Parcel R - Temp. Reso. #2744 - Dis- cussion and possible action to cancel an Easement and Option Agreement and refund a cash bond. 14. Isles of Tamarac - Model Sales Facility - Discussion and pos- sible action to renew a model sales permit and waiver of the 300-foot distance requirement for certificates of occupancy (tabled from 5/25/83). 6/8,Pg. 3 APPROVED 6/8,Pgs. 3,4 APPROVED 6/8,Pg. 4 TABLED to next reg. mtg. 6/8,Pg. 4 TABLED at re- quest of C/Mgr. 6/8,Pg. 4 APPROVED 6/8,Pg. 5 TABLED at req. of City Manager 6/8,Pg. 5 Minutes on last mtg.not reed. 6/8,Pgs. 11,12 a),b) c) APPVD. on Second & Finaa Reading. 6/8,Pg. 5 Permit ext. to next reg, mtg. for en2r. input 6/8,Pgs. 2,3 APPROVED 6/8,Pg. 5 APPVD. for 6 mos. from 11/12/83; prior cond.in eff PAGE THREE 15. Sabal Palm Plaza - Temp. Res_o. #2736 - Discussion and pos- 6/8,Pg. 6 sible action to clarify and possibly revise a limited parking Determ. to be waiver granted under Petition #14-Z-81 . made on whether 16. Tamarac Gardens - Warranty Bond - Temp. Reso cussion and possible action on the recommend Engineer to call a warranty bond posted for system. 17. Home Construction Warranty Bond cussion and possible action to warranty against defects for a Court. Council act.is #2745 - Dis- necessary. ation of the City 6/8,Pg. 12 t h e sanitary REMOVED from A enda;bond ext. 6/8,Pg. 5,6 - Temp. Reso . #2746 - Dis-- APPROVED release a bond posted as a home located at 8620 Banyan 18. Southgate Gardens, Inc. - Discussion and possible action con- cerning approval of model sales facility granted by Council on 2/9/83 (tabled from 5/25/83). 19. Drainage Improvements in the Ci a c t i o n. _..__..... REPORTS 20. City Council 21. City Manager 22. City Attorney - Discussion and possible City Council may consider such other business as may come before it. Pursuant to Chapter 80-105 of Florida Law, Senate Bill No. 368; if a person decides to appeal any decision made by the City Council with respect to any matter considered at such meeting or hearing, he will need a record of the proceedings, and for such purpose he may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is based. CITY OF TAMARAC Carol A. Evans Assistant City Clerk Fallowing are the residential and commercial zoning districts in .the Ci ty R-1 - Single Family Residence R-1 B A e;-IC - One -Family Dwelling R•2 - Two -Family Dwelling RD-7 - Two -Family Dwelling R-3U - Row House R-3 - Low Density Multiple Dwelling RM-5 - Residential Multi -Family Dwelling RM-10 - Planned Apartment R-4A - Planned Apartment R-5 - Motel /Hotel 8=1 - Neighborhood Business B-2 - Planned Community Business B-3 - General Business B-5 - Limited Business District B-5 - Business District S-1 - Open Space/Recreational I-1 - Institutional M-1 - Light industrial M-2 - Medium industrial A-1 - Limited Agricultural A-5 - Agricultural/Excavation T-1 - Trailer Park District 6/8,Pg. 6 REMOVED from Agenda 6/8,Pg. 7 No discussion 6/8,Pg. 11 Report by Mayor Falck No report report 23. Litigation - Woodmont Tract 44 (88 Ave. No. of McMab Rd.) - Dis- cussion and possible action. -� PAGE FOUR 6/8,Pg. 1,Agen. by Consent Pg. 7,Auth.to Mayor, City Atty & Asst. City Atti to discuss & determine if legal counsel is necessary 24. Ordinance Establishing Street and Traffic Signalization Impact Fee 6/8,Pg. 1,Agen. for Certain Residential Developments - Amending Chapter 23 - Temp. Ord. by Cons. 1049 - Discussion and possible action. Pgs.7,8,1.2,13 25. Authorization for City Attorney to Pre are a Resolution Concern County Gas Tax - Discussion and possible action. Appvd. on First Reading the 6/8,Pg. 1,Agend. by Consent. Pgs.9,10 - No Action Taken 26. Resolution Authorizin& Eminent Domain Proceedings to Take Sludge Farm Property for Number of Years - Discussionand possible action. 6/8, Pg. 1,Agen. by Consent. APPROVED CITY OF TAMARAC, FLORIDA REGULAR CITY COUNCIL MEETING June 8, 1963 Tape CALL TO ORDER: Mayor Walter Falck called the meeting to order on 1 Wednesday, June 8, 1983, at 9:30 A.M. in the Council Chambers. ROLL CALL: PRESENT: Mayor Walter W. Falck Vice Mayor Helen Massaro Councilman Philip B. Kravitz Councilman David E. Krantz ABSENT AND EXCUSED: Councilman Jack Stelzer ALSO PRESENT: Laura Z. Stuurmans, City Manager Jon M. Henning, City Attorney Carol A. Evans, Assistant City Clerk Patricia Marcurio, Secretary MEDITATION AND PLEDGE OF ALLEGIANCE: Mayor Falck called for a Moment of Silent Meditation followed by the Pledoe of Allegiance. Mayor Falck greeted everyone present and reviewed the schedule for specific items on the agenda. 23. Litigation - Woodmont Tract 4-4 (88 Ave. North of McNab Rd.) - Discussion and possible action. >YNOPSIS OF ACTION: Agendized by Consent. ,See Page . V/M Massaro MOVED to agendize by consent litigation on Woodmont Tract 44,(88 Ave. north of McNab Rd.), SECONDED by C/M Krantz. VOTE: ALL VOTED AYE 24. Ordinance Establishing Street and Traffic Si nalization Impact Fee for Certain Residential Developments - Amending Chapter 23 - Temp. Ord. #1049 - Discussion and possible action. First Reading. ;YNOPSIS OF ACTION: Agendized by Consent. ,See Pages 7, 8, 12 & 13). V/M Massaro MOVED that this item be agendized by consent for first reading, SECONDED by C/M Krantz. VOTE: ALL VOTED AYE 25. Authorization for City Attorney to Prepare a Resolution Concernin the County Gas Tax - Discussion and possible action. >YNOPSIS OF ACTION: Agendized by Consent. ,See Page 9) . C/M Krantz MOVED to agendize by consent authorization for the City Attorney to prepare a Resolution concerning the County Gas Tax, V/M Massaro SECONDED. VOTE: ALL VOTED AYE 26. Resolution Authorizing Eminent Domain Proceedings to Take Sludge Farm Property for Number of Years - Discussion and possible action. >YNOPSIS OF ACTION: Agendized by Consent. See Page 8). Alan Ruf asked Council to agendize by consent preparation of a Resolution authorizing the filing of Eminent Domain proceedings in order to take the sludge farm property for a period of years. E/8/83 /pm V/M Massaro MOVED that this item be agendized by consent, SECONDED by C/M Krantz. VOTE: PRESENTATIONS ALL VOTED AYE I. Presentation by Mayor Falck of a plaque to Irving M. Disraelly in appreciation of his contributions during his term of office as a Member of Council. SYNOPSIS OF ACTION: Plaque was presented. Mayor Falck read the plaque into the record and presented it to Irving M. Disraelly commending him for his many contributions to the City. 2. Crime Stoppers Program - Presentation by Mayor Falck of a proclamation designating June 25, 1983, as "Crime Stoppers Day". SYNOPSIS OF ACTION: Proclamation was presented. Mayor Falck presented a proclamation designating 6/25/83 as "Crime Stoppers Day" to Sheriff Brescher. House Representative, Peter Deutsch addressed the Council. He said the regular session is over and one of the outstanding issues is the budget. He mentioned some of the things that were decided on during this session: 1. They continued the City Sales Tax Exception for Gasoline which should save the City some money. 2. A Statute was passed repealing the advertising requirements for zoninn changes unless the zoning changes were made and starting 10/1/83 the City will not have to place those ads. The City Attorney will be notified concerning this. 3. In terms of collective bargaining with City employees, the City will now have the right to waive special matters. 4. Presently, the City would be the first -party payer for a prisoner's hospital expenses, this will be changed as of 10/l/83. The first - party payer will be the prisoner himself, the second -party payer will be the prisoner's insurance and the hospital will not be able to collect from the City until all possible means of collection have been exhausted. 5. Three bills that were killed in the House were: a) The Bill increasing Sovereign Immunity in cities. b) Requirement for Building Inspectors to have State-wide certification. c) Bill requiring uniform election dates. 6. This year the Senior Health Care Regulations in Florida were rewritten and are the most progressive in the country. 7. Broward County will get a fair share of resources from the State. In the House budget there is a $45,000,000 increase for the Broward County School System. There is an $8,000,000 appropriation line item budget to build the first four year university system in Broward County. 8.•The set up the Broward County Expressway Authority which will have an impact on Tamarac. Mr. Deutsch invited members of Council to attend the next legislative delegation and Council commended him for his cooperation with the City. COMMUNITY DEVELOPMENT 13. Westview at Colon West/Parcel R - Temp. Re_so. #2744 - Discussion a n d .. _.�... possible action to cancel an Easement a nd Option Agreement and refund a cash bond. SYNOPSIS OF ACTION: APPROVED. RESOLUTION NO. R—PASSED. - 2 - 6/8/83 /pm Jon Henning read the Resolution by title and V/M Massaro MOVED the ADOPTION of Temp. Reso. #2744, SECONDED by C/M Krantz. VOTE: CONSENT AGENDA 3. Consent Agenda ALL VOTED AYE a) Minutes of 4/27/83 - Regular Meeting - Approval recommended by City Clerk. b) Minutes of 5/5/83 - Special Meeting - Approval recommended by City Clerk. c) Minutes of 5/17/83 - Special Meeting - Approval recommended by City Clerk. d) Richard S. Rubin - Consultant City Planner - Services for May, 1983 - $2,100.00 - Approval recommended by City Manager. e) Alan F. Ruf - Consultant. City Attorney - 6/3/83 - $1,080.00 - Approval recommended by City Attorney. f) Mitchell Ceasar - Grants Consultant - 5/19/83 - $1,250.00 - Approval recommended by City Manager. g) Muller, Mintz, Kornreich, Caldwell, Casey, Crosland & Bramnick, P.A. - Labor Counsel - Period of 2/l/83 through 3/31/83 - $4,739.84 - Approval recommended by City Manager. h) Williams, Hatfield & Stoner, Inc. - Consulting Engineer - 5/17/83 $565.75 - Approval recommended by City Engineer. i) Williams, Hatfield & Stoner, Inc. - Consulting Engineer - 5/17/83 - $1,421.38 - Approval recommended by City Engineer. j) Williams, Hatfield & Stoner, Inc. - Consulting Engineer - 5/18/83 - $1,734.56 - Approval recommended by City Engineer. SYNOPSIS OF ACTION: APPROVED Items a through j). C/M Kravitz MOVED APPROVAL of Items a) through j), SECONDED by C/M Krantz. Melanie Reynolds, Charter Board member, asked for clarification of Item g), stating that the backup material is not clear as to what their work entailed. Mayor Falck asked the City Attorney and City Manager to summarize more fully which expenses are covered in these items. VOTE: GENERAL ADMINISTRATIVE/FINANCIAL ALL VOTED AYE 4. Bid Award - Police and Fire Departments - Temp. Reso._#_2739_- Dis- cussion and possible action to award a bid for communications equip- ment maintenance. SYNOPSIS OF ACTION: APPROVED awarding the bid to Mobile Communications for $885/month for the Police Dept. and $318/month for the Fire Dept. until 9/30/83. RESOLUTION NO. R-S',5 /�/2_mm_PASSED. Jon Henning read the Resolution by title and the City Manager said staff is recommending the award to Mobile Communications which is the low bidder at a cost of $885/month for the Police Department and $318/month for the Fire Department. V/M Massaro MOVED the ADOPTION of Temp. Reso. #2739 as indicated on the Resolution. SECONDED by C/M Krantz. V11111i6 ALL VOTED AYE 5. Summer Recreation Program - Temp. Reso. #2740 - Discussion and pos- sible action to authorize an agreement with the Broward County School Board for the use of Tamarac Elementary School facilities. - 3 - 6/8/83 /pm SYNOPSIS OF ACTION: APPROVED, RESOLUTION NO. R_- " PASSED. Jon Henning read the Resolution by title and C/M Kravitz MOVED the ADOPTION of Temp. Reso. #2740, SECONDED by C/M Krantz. VOTE: ALL VOTED AYE 6. Williams, Hatfield & Stoner, Inc. - Consulting Engineer - Temp_, Reso. #2741 - Discussion and possible action to amend an agreement to approve a revised fee schedule. SYNOPSIS OF ACTION: regular meeting to the qualifications various grades. TABLED to the next supply Council with essential for these Jon Henning read the Resolution by title and V/M Massaro said she could not see where the principle officers fees were set and she wanted to know the qualifications that were essential for these various grades. She, therefore, MOVED that this item be TABLED to the next regular meeting to receive this information. SECONDED by C/M Krantz. VOTE: ALL VOTED AYE 7. Traffic Engineering - Temp. Reso. #2742 - Discussion and possible action to authorize an agreement with Broward County to perform traffic engineering functions within the City. SYNOPSIS OF ACTION: TABLED until questions are answered to the City Manager's satisfaction before presenting this again to Council. Jon Henning read the Resolution by title and Laura Stuurmans said she spoke with Jon Henning earlier and there were some questions still unanswered by the County and V/M Massaro MOVED to TABLE this item until the questions are answered to the satisfaction of the City Manager before presenting this back to Council. V/M Massaro asked if this was for the past, present or future and Mr. Henning said the City has an agreement now which is being modified slightly and this will be an annual contract which must be cancelled 90 days before October 1, otherwise it is renewed for another year. He said the contract provides that any existing contracts that the City has outstanding with third parties or private developers would be listed and assumed by the County. He said there are two Exhibits that need to be attached that are not as yet attached, one is an inventory of all the traffic lights and control devices, this would be Exhibit A. Exhibit B would be this list of contracts outstanding right now that they would be expected to assume. SECONDED by C/M Krantz. VOTE: ALL VOTED AYE 8. Senior Aides Agreement - Temp. Reso. #2743 - Discussion and possible action to authorize renewal of an agreement with Service Agency for Senior Citizens for a part-time clerical position assigned to the City Attorney.'s office. SYNOPSIS OF ACTION: APPROVED RESOLUTION NO. R-_.9,3 /j,4'7—PASSED. Jon Henning read the Resolution by title and the City Manager said this is the third renewal of an existing contract the City has with the Senior Agency which provides for a clerk -receptionist that has been working in the City Attorney's office area. She said there is no monetary obligation to the City and the City has the benefit of that individual's service. Tape C/M Krantz MOVED the ADOPTION of Temp. Reso. #2743, SECONDED by C/M Kravitz. 2 VOTE: ALL VOTED AYE - 4 - 6/8/83 /pm 9. Pension Board - Discussion and possible action to appoint an administrative Trustee. SYNOPSIS OF ACTION: TABLED at the request of the City Manager. Laura Stuurmans said she has not had an opportunity to speak with Robin Meisler on this subject and V/M Massaro MOVED the TABLING of this item to the next regular meeting. SECONDED by C/M Krantz. VOTE: ALL VOTED AYE 10. Broward League of Cities - Discussion and possible action. SYNOPSIS OF ACTION: Council has not received the minutes from the last meeting and their next meeting will be on 6/16/83. C/M Kravitz said Council has not received the minutes of the last meeting as yet and the next meeting is a dinner meeting scheduled for 6/16/83. COMMUNITY DEVELOPMENT 12. 3 Lakes Plaza - Model Sales Facilit to renew a model sales permit. SYNOPSIS OF ACTION: Permit extended to the next regular meeting and in the meantime, the Engineering Dept. is instructed to ask for a topo of the site before the fill was added to determine the amount of fill upon which the proper fees are to be paid. - Discussion and possible action V/M Massaro suggested extending this item to the next regular meeting to give the Engineering Department an opportunity to check with them. She said this should be a temporary permit to the next regular meeting so that they can bring in a topo of the original site as it was before they started to fill it. This is necessary to determine how much fill was installed and the fees that are applicable. She so MOVED. SECONDED by C/M Kravitz. VOTE: ALL VOTED AYE 14. Isles of Tamarac - Model. Sales Facility - Discussion and possible action to renew a model sales permit and waiver of the 300-foot distance requirement for certificates of occupancy (tabled from 5/25/83). SYNOPSIS OF ACTION: APPROVED for 6 months from 5/12/83 to expire 11/12/83,all prior conditions are still in effect. V/M Massaro said there was a question on this concerning the fees but they have all been paid, therefore, she MOVED that the model sales facility be extended for a 6 month period from the date of expiration, which was 5/12/83. She said the 300' distance requirement will also be waived and any conditions that applied originally would still be in effect. SECONDED by C/M Krantz. VOTE: ALL VOTED AYE 17. Home Construction Warranty Bond - Temp. Reso. #2746 - Discussion and possible action to release a bond posted as a warranty against defects for a home located at 8620 Banyan Court. SYNOPSIS OF ACTION: APPROVED. RESOLUTION NO. Rj/ PASSED. - 5 - 6/8/83 /pm Jon Henning read the Resolution by title and said he sent Council a memo dated 6/2/83 in response to a letter from an attorney for Melvin Schwartz, the owner/builder of the house. He said this bonding require- ment was enacted in the Code on 6/9/76. He said Mr. Schwartz, as an owner/builder was still required to post a bond, which he posted on 11/13/80. He said, four months later, Council enacted Paragraph 6 which etatpd—that nwnPr/hoildpre, yin not have to post Home Warranty Bonds. He said the only requirement was that they certify that they will live in the house for two years. He said Mr. Schwartz has already lived in the house for 2-1/2 years and he is requesting that Council refund this bond to him. V/M Massaro MOVED the ADOPTION of Temp_. Reso. #2746, SECONDED by C/M Krantz. - -- VOTE: ALL VOTED AYE 18. Southgate Gardens, Inc. - Discussion and possible action concerning approval of_model saT-es facility granted by Council on 2/9/83 (tabled from 5/25/83). SYNOPSIS OF ACTION: REMOVED from the agenda. Model sales facility will be closed for sales and rental purposes. The City Attorney and City Engineer will pursue the deficiency of the existing water distribution system for fire protection. Jon Henning said he was asked to investigate this and he had a conversation with Steve McCann, their attorney, and he has asked Council to withdraw the request for the model sales facility from the agenda. He said for financial reasons, Southgate Gardens, Inc. has made a business decision that they will not make the improvements requested by Council at this time. He said they understand that Council feels this is a condition to granting the extension of the model sales permit; however, there was a new buyer being proposed and that, eventually, the improvements must be made and they are aware of that. He said Mr. McCann requested that he research the basis for the request which he said he would do by reviewing the development orders and the Water and Sewer and other agreements on the property. V/M Massaro said although this might be removed from the agenda, this must be examined immediately because the existing water distribution system is deficient for fire protection purposes. Mr. Henning said he discussed this with the City Engineer and this was conveyed to Mr. McCann. V/M Massaro MOVED to remove this from the agenda and the model sales facility is to be closed for sales purposes but the City Attorney and City Engineer are to pursue the deficiency of the existing water dis- tribution system for fire protection and return to Council with a report. She said the City Clerk is to add this to the agenda items for consideration at the next Pre -Agenda meeting. She said this would be for sales or rental purposes. SECONDED by C/M Krantz. VOTE: ALL VOTED AYE 15. Sabal Palm Plaza - TeLp._Reso. #2736 - Discussion and possible action to clarify and possibly revise a limited parking waiver granted under Petition #14-7-81. SYNOPSIS OF ACTION: Determination to be made as to whether Council action is needed. Jon Henning said there is Resolution #81-160 which originally gave the parking waiver to the Sabal Palm Plaza. He said the Planning Commission recommended in 1981 that only businesses that have one space for 200 square feet or less restrictive be placed in here. He said the request now is - 6 - 6/8/83 /pm for some type of business that would require one space for 150 feet. He said as a matter of clarification, instead of adopting these conditions as set in the Planning Commission action, Council adopted Section 1 which said that they approved 20 additional spaces until the Council encounters any problems. He said if Council is standing by these additional 20 spaces then the Plaza, since there are 95 existing spaces, will be given credit for 115 spaces. He said Council may amend this if they wish. V/M Massaro said the most that would be required is two additional spaces and Council should determine whether or not it falls within the 115 spaces and if it does, no Council action is needed. She said if it does not, Mr. Henning should prepare an amendment to Resolution #81-160 or a new Resolution increasing the number to 22 instead of 20. V/M Massaro so MOVED and added to the MOTION that it be subject to the applicant planting the three shade trees that are needed there on the northeast portion of the property. She asked Mr. Fine if he would agree to this and he said he has no objection to this. V/M Massaro said the City Planner will show them why they are required and C/M Kravitz SECONDED the MOTION. PLllris ALL VOTED AYE 19. Drainage Improvements in the City - Discussion and possible action. SYNOPSIS OF ACTION: No discussion. LEGAL AFFAIRS 23. Litigation - Woodmont Tract 44 88 Ave. North of McNab Rd.)- Dis- cussion and possible action. SYNOPSIS OF ACTION: Agendized by Consent. See Page 1 . Jon Henning said he forwarded a memo to Council explaining the outcome at the Circuit Court level with Judge Weissing regarding Woodmont Tract 44 which is on 88 Ave. north of McNab Rd. He said there were two hearings with Judge Weissing regarding the zoning of that land, whether or not it was commercial or residential. He said the Judge issued two separate orders asthere are two separate owners of the property. The north L portion is owned by Leadership and the south L portion is owned by the Mini -Mart Development Corp. hie explained the orders to Council by stating that the first 3 paragraphs of the orders reiterate the same language in the first orders as to processing of plans, etc. Fie said there was a request for contempt and for sanctions as it relates to the Mini -Mart Development section which was denied. He said as it relates to the northern portion, the court is trying to impress upon the City the urgency of handling this matter and there was a finding of contempt but a purging of that contempt if the City would act promptly in resolving this matter. Fie said in that resolve it could be the processing of permits or the timely clarification of appellate remedy which the City is entitled to. Mr. Henning said if Council wishes it could seek an appeal through the City Attorney's office and authorize them to seek outside counsel in this matter. Mayor Falck said the City has no alternative except to appeal and the contempt and the sanctions must be clarified. V/M Massaro MOVED that the Mayor be authorized to discuss with the City Attorney and Mr. Ruf, Consultant City Attorney, to follow through and make the determination whether additional legal counsel is needed and that the City Attorney be authorized to hire legal counsel if deemed necessary to try to upset this decision. SECONDED by C/M Krantz. VOTE: ALL VOTED AYE 24. Ordinance Establishing Street and Traffic Si nalization Impact Fee for Certain Residential Developments - Amending Chapter 23 - Temp. Ord. #1049 - First Reading - Discussion and possible action. - 7 - 6/8/83 /pm SYNOPSIS OF ACTION: Agendized by Consent. (See PaoPs 15 12 & 13). Jon Henning said there are water and sewer ERC charges, drainage charges and impact fees, parks and recreation impact fees and, as it relates to transportation, the County has been assessing trafficways impact fees at platting and the City has been fortunate to direct those fees to areas focusing on the City of Tamarac for direct local needs. Mr. Henning said the County studies a plat for a particular density and assesses a fee for that density and after the land is platted,'either through rezoning or through the use of the application for reserve units or an amendment to the Land Use Plan, an increased density is assigned to that particular plat. He said, in that case, there is no opportunity for contribution from the developer for the impact from the increased density in the area as it affects trafficways. He said, if the density is increased, more water and sewer is needed and the City has a lawful opportunity to increase the ERC's and there is a higher fee regardless of the platting. He said if there are more families that come in,there is more recreation and that fee would be unaffected by a change in density. He said after discussion with Dick Rubin and others, there is being proposed an Ordinance which will require an engineering study but, in lieu of that study, an interim fee of between approximately $1,000 and $2,000 should be set for increased density or reserve units after the platting stages. Mr. Henning said these should be designated for trafficway purposes and a trafficway study should be engaged within the next several months to determine the appropriate fee and, if need be, Council might consider a refund of a portion of this fee. V/M Massaro asked Mr. Henning if he were referring to parcels that were already platted or about new projects and Mr. Henning said he was under the impression that the County takes into consideration the zoning at the platting stage and it is up to them before platting to assess the trafficways impact. V/M Hassaro said what the County does will not necessarily help the City, and there should be a trafficways fee for all new residents. Mayor Falck asked Mr. Henning to organize this based on the discussion which has taken place this morning. 26. Resolution Authorizing Eminent Domain Proceeding to Take_ Sludge_ Farm Property for Number of Years - Temp. Reso.�#2747T- Discussion and possible action.T mm SYNOPSIS OF ACTION: Agendized by Consent. RESOLUTION NO. R-- ,5�3 _/ 0 PASSED. 7ee Pages 1 & 2). APPROVED. Alan Ruf, Consultant City Attorney, said there was a Special Council meeting held on 6/2/83 in which he reported that it appeared that it was possible that the City would lose their lease. He said he had asked Mr. Tralins if Leadership Housing would reconsider and he indicated that they would not. He said he asked Mr. Tralins if his client would enter into negotiations with the City for a fair rental value until such time as the City could finalize what will be done and he said Mr. Tralins indicated that his client would be willing to accept $100,000 per month. Mr. Ruf said he has prepared a Resolution which is necessary to accompany any petition for a Taking in the Circuit Court which indicates that the legislative body of this City recognizes the need to do a Taking with respect to the sod farm. He said it is his recommendation that the City not go for a fee Taking because the land that is currently used is located on Nob Hill Rd. which is an inappropriate location for long-term sludge 8 - 6/8/83 /pm disposal. Mr. Ruf said although it is optimistic that the City of Tamarac will be allowed to do spray irrigation for a long period of time, the County is studying that 201 option and the report is due by early fall. He said the City cannot wait until that study comes throuah in order to insure sludge disposal at this location. He said the City would have to file suit within the next 7 to 10 days in order to be allowed to go forward with a quick Taking of this easement. He said there is a requirement that if the City does a quick Taking, we deposit the sum which our appraisers indicate is the reasonable value of that Taking into the Court at or soon after the time that the action is filed. Mr. Ruf said the City Attorney's office is in contact with an appraiser who is highly thought of in aroward County to give a figure which is a reasonable value of that Taking. He said he has been struggling with the period of time that that Taking should be because up -front deposits have to be made. He said he would be most comfortable with a three year Taking, however, this is not a long term solution. Tape He said there are several alternatives, if the City ultimately joins 3 the County 201 System, the sludge will be handled at Copans Rd., if the City continues to do spray irrigation, sludge disposal will have to be faced either by way of composting or taking land in another location of the City. He urged Council approve this Resolution today indicating that the Taking is in the best interests of the City and authorize the City Attorney's office to file suit and do whatever is necessary to secure use of this facility for some period of time to be decided. V/M Massaro asked Mr. Ruf when this suit has to be filed and Mr. Ruf said he was told that the City is to be out by July 13th and this should be filed no later than June 23rd. V/M Massaro asked what has been done about the program that the City had that was delayed because of the City Planner's delayed presentation. Mr. Henning said that concerned the moratorium and Mayor Falck suggested Mr. Ruf read the Resolution by title into the record. Mr. Ruf read the Resolution into the record and the City Engineer said the operation of the treatment plant is almost solely dependent upon the disposal of the waste sludge that is generated as part of the process and without the ability to dispose of that waste the plant will not operate. He said it is, therefore, necessary for the City to have a reliable disposal site and the sod farm is the only definite site available. Mayor Falck said he has been attending all of the meetings concerning the 201 Program and this is a part of that program. He said several months ago there were a number of discussions on how to proceed in the event the sod farm were not available to the City and, at that time it was agreed unanimously by the people who had been working on it that the City did not want to take the property on a permanent basis because that property is not a permanent solution to the problem. He said the other aveiues recommended are outlined in this Resolution, namely, to lease the property for a period of time. He agreed with Mr. Ruf that a maximum period of three years was sufficient. Laura Stuurmans said for the record that this is Temp. Reso_.#2747. V/M Massaro MOVED the ADOPTION of Temp. Reso. #2747 as indicated by Mr. Ruf and at the discretion of the Attorney as to the length of time not to exceed three years. Mayor Falck will be part of the decision making of this and will be in constant contact with the attorneys. V/M Massaro said she would like the City Planner to continue with the program begun pre- viously. SECONDED by C/M Krantz. VOTE: ALL VOTED AYE 25. City_Attorney Preparing_ a Resolution Concerning the County_Ga_s Tax - Discussion and possible action. SYNOPSIS OF ACTION: Agendized by Consent. See Page 1). No action was taken. g 6/B/83 /pm Jon Henning said it is open for discussion as to whether or not the City wants to go on record opposing the proposed gas tax. He said he has not prepared the finish draft but if Council wishes this will be prepared. V/M Massaro said both Mayor Falck and she have done considerable work on monies due the City and there is litigation pending on this and this could be harmful. Mayor Falck said he assumed the request for this Resolution was made after the Tamarac President's Council passed a Resolution yesterday and he said they should send their Resolution to the County and not the City. He said the County owes the City $117,000 for this year's Road and Bridge Tax and the Council agreed they will not resolve the Road and Bridge Tax until they have reached an Agreement based on what is rightfully due the City. Mr. Henning said to update Council, he circulated a letter from the City Attorney of Coral Springs, Paul McDonough, which updated the status of the litigation where 16 cities, including Tamarac, have joined in a law suit regarding the Road and Bridge Tax. He said the proceeds of the County- wide gas tax have been embroiled in the settlement negotiations so that if there is no Road and Bridge Tax, the likelihood of settlement is dim- inished. He said yesterday, at the County Commission hearings, they approved the split proposed which is 62-1/2% to the County and 37-1/2% to the cities. He said these figures were arrived at through negotiations between Paul McDonough, representing the 16 cities and Harry Stewart,on behalf of the County. There will be a public hearing in July and the County Commission has asked that the cities,send Resolutions supporting it to show unification of the need. He said Tamarac has a great deal of negotiations pending with the County presently and this could be harmful. Mayor Falck said he is opposed to sending a Resolution either for or against this and V/M Massaro concurred. Mr. Henning said he does not think Council should be concerned about what the County decides but, rather, what is good for the City. Ray Munitz said the letter was sent to the Broward County Commission as well as the City Council . He asked if this tax passes would it be used to pay the City the money they owe from previous years and Council answered no. Mr. Henning said the settlement negotiations, as explained in the letter from Paul McDonough, are that the City is asking for 3 or 4 years current Road and Bridge Tax plus back taxes which the City is entitled to. The County offered that if the City forget the last 2 or 3 years, they will give us the current year as planned plus the 37-1/2% on the Road and Bridge Tax. He said if the Road and Bridge Tax is taken away, the current year is unacceptable. Mr. Munitz asked what would happen if the gas tax is not passed by the Commission and Mr. Henning said a law suit on the Road and Bridge Tax may be unavoidable i.n any event. V/M Massaro MOVED that no action be taken on the Tamarac President's Council request regarding the gas tax. SECONDED by C/M Krantz. VOTE: REPORTS 20. City Council Reports ALL VOTED AYE C/M Krantz said he hopes to get further attendance at the free health screening provided at City Hall, he has put a notice in the Sundial Newsletter as well as sent letters to the various Presidents of the Sections of the City. He said he is currently working on three projects in connection with the Fire Department: 1. The Smoke Detector Ordinance 2. A mandatory fire inspection in the Tamarac school. 3. An annual fee for fire inspection fees. C/M Kravitz requested the figures concerning his inquiry about a night Council meeting so that Council may discuss that by the next meeting. He said,as liaison to the Budget and Audit, he requested information on the Internal Control, the Budget and Audit from the City Manager and - 10 - 6/8/83 /pm Laura Stuurmans said the auditors are currently working and have been working since the middle of May and they anticipate,as projected by Mr. Emmer, to be concluded sometime in the middle of July. She said during the Pre -Agenda Meeting, Council addressed the pending issue of the employment of an auditing firm for the 1982/83 F.Y. audit and Council agreed that this item should be placed on the 6/22/83 agenda. The budget is underway and she will be meeting with departments next week and Council will have the budget on or before 7/l/83 as required by the Charter. V/M Massaro - No report. 21. City Manager Report - No report. 22. Cif Attorney Report - No report. 20. City Council Reports Mayor Falck said he will be attending a meeting this evening in Orlando of the Florida League of Cities and the Workers Comp. Fund of which he is a member of the Board of Trustees. At that time they will be holding a Trustee meeting and declaring the dividend schedule for the current fiscal year on Workers Comp. Most of his expenses will be paid by the League and the Trust Fund. He said on 6/17/83 he must attend a meeting in connection with the legislation that has been enacted on municipal pension plans and the League is paying the expenses for this meeting. He said on 6/23, 6/24 and 6/25 he will be in Jacksonville attending a meeting of the State concerning FOP/FOPA and expenses will be paid other than by the City and by himself. He said the annual League meeting will be held in Kissimmee on 10/13, 10/14 and 10/15/83. MAYOR FALCK RECESSED THE MEETING FOR LUNCH UNTIL 2:00 P.M. ape V/M Massaro called the meeting to order at 2:00 P.M. 4 ROLL CALL: PRESENT: Vice Mayor Helen Massaro Councilman Philip B. Kravitz Councilman David E. Krantz ABSENT AND EXCUSED: Mayor Walter W. Falck Councilman Jack Stelzer PUBLIC HEARING 11. Kings Point - Discussion and possible action to vacate certain road rights -of -way in the following locations within this development: a) Land Section 5, west of Tracts 13, 14 and 15 - Temp. Ord. #1045. Second Reading. — - b) Land Section 5, west of Tracts 22, 23 and 24 Temp. Ord. #1046. Second Reading. c) Land Section 5, south of Tracts 12 and 13 - Temp_. Ord. #1047. Second Reading. )YNOPSIS OF ACTION: a),b) and c) &PROVED on second and final reading. ORDINANCE NO. 0- 93T3a PASSED. ORDINANCE NO. 0 , 91 -„ 1 PASSED. ORDINANCE NO. 0-- 93-.3.2 PASSED. a) V/M Massaro opened and closed the public hearing with no response. C/M Krantz MOVED the ADOPTION of Temp. Ord. #1045 vacating a 15' road right- of-way lying west of Tracts 13, 14 and 15 in Land Section 5 on second and final reading. SECONDED by C/M Kravitz. VOTE: ALL VOTED AYE 6/8/63 /pm b) V/M Massaro opened and closed the public hearing with no response. C/M Krantz MOVED the ADOPTION of Tem Ord. #1046 vacating a 15' road right-of-way lying west of Tracts -22, 23 and 24 in Land Section 5 on second and final reading. SECONDED by C/M Kravitz. VOTE: ALL VOTED AYE c) C/M Krantz read Temp. Ord. #1045 by title. C/M Kravitz read Temp. Ord. #1046 by title. Laura Stuurmans read Temp. -Ord. #1047 by title and V/M Massaro opened and closed the public hearing with no response. C/M Krantz MOVED the ADOPTION of Temp_._ Ord. #1047 vacating a 30' road right- of-way lying south of Tracts 12 and 13 in Land Section 5 on second and final reading. SECONDED by C/M Kravitz. VOTE: COMMUNITY DEVELOPMENT ALL VOTED AYE 16. Tamarac Gardens - Warrant Bond - Temp. Reso. #2745 - Discussion and possible action on the recommendation of the City Engineer to call a warranty bond posted for the sanitary system. SYNOPSIS OF ACTION: Withdrawn from the agenda as the bond was extended to 9/16/33. The City Manager said she has received a memo dated 6/8/83 from the City Engineer indicating that the sanitary sewer Warranty Bond #R90345 for Tamarac Gardens has been extended to 9/16/83 and this item may be removed from the agenda. C/M Kravitz questioned an amount of $766.50 which is unpaid and V/M Massaro said this is a current bill due 6/l/83 and they have a 15 day grace period. C/M Kravitz said he has a notice dated 6/E/83 noting that it was not paid to the amount of $2,990.75. Mr. Riefs said the interest is for the period of June and also for the guarantee starting June 5th. C/M Kravitz MOVED to WITHDRAW this from the agenda. SECONDED by C/M Krantz. VOTE: ALL VOTED AYE RFPnRT� 22. City Attorney Report Jon Henning said the City has been served with a summons in the case of Ticon, Inc. vs. the City of Tamarac. He said on 6/16/83 he agreed to show cause why a writ for Mandamus or Prohibition should not be granted regarding the rezoning of the Ticon property adjacent to the City Hall. Ile said he has not digested all of the papers but it may be necessary to have a Special Meeting before 6/1.6/83 to further discuss this. He said he will make copies of the summons available for Council. LEGAL AFFAIRS 24. Ordinance Establishing Street and Traffic Si nalization Impact Fee For Certain_ Residential Developments - Amending Chapter_ 2.3 - Temp. Ord. #1049 - and n o Discuss ion and possible action. SYNOPSIS OF ACTION: Agendized by Consent. See Pages 1, 7 & 8). APPROVED on first reading. Mr. Henning said at the suggestion of Council, it is the implementation of the impact fee for all new dwelling units which exceeds the present zoning in the City of Tamarac. He said the Ordinance states the legislative finding that the City has decided to maintain the present status of safety for vehicular traffic. He said the law of impact fees is such - 12 - 6/8/83 /pm that impact fees are not to be used to upgrade a system for the entire City but to maintain the status quo in light of the impact of new residents. He said the thrust of the impact fee is that given today's zoning and density, should there be any increase in density by rezoning or by use of reserve units, there will be a fee assessed on those increased densities or on those reserve units. He said the draft reads that that fee will be $2,000 per unit in excess of today's zoning and it also mandates that the Council will engage a consulting engineer to study a fair figure based on the needs of the City in the future. He said that figure will be assessed on a per dwelling unit figure and if the figure is less than the $2,000, anyone who has paid the $2,000 will receive a refund of the increment. If the figure is higher than the $2,000, he suggested that it not be increased against the people who have already paid. He said it sets up a review approximately one year from the second reading, on July 1. Mr. Henning said in compliance with the laws on impact fees, these monies will be kept in separate accounting to be used for turning lanes, inter- section work, sidewalks, traffic signs, signals, street signalization, etc. Mr. Munitz said Mr. Henning mentioned that these funds would be earmarked and set aside for this specific purpose and he asked what would happen to the interest that these funds would earn until they were used. Mr. Henning said he did not mention this because he was unsure of Council's feelings as it pertains to this particular fund and C/M Stelzer had raised a question at a previous meeting of what should happen to the interest that is generated on all special funds and he is awaiting Council's decision on this. V/M Massaro said it was always her under- standing that the interest would remain in that same fund. V/M Massaro said Council will consider this question before the second reading. Jon Henning read the Ordinance in its entirety. Mr. Munitz suggested that whenever the term "units" is used, it should specify "dwelling units"for clarification purposes. Mr. Henning said he will be putting some definitions into this Ordinance for this purpose. Sydney Stein, Charter Board Chairman, said in the setting of the final impact fees by the Consulting Engineers, there should be some consider- ation for commercial use as well. Mr. Henning said that generally when speaking about density, they are referring to dwellings or residential uses. V/M Massaro said the City is trying to get an understanding with the County bn these commercial sites and the City will have something to say about the impact fees that are paid by them so that the fees they pay will be utilized within the City. C/M Krantz MOVED the ADOPTION of Tem . Ord. #1049 amending Chapter 23 of the Code as is and any corrections will be made before the second reading. SECONDED by C/M Kravitz. VOTE: ALL VOTED AYE V/M Massaro suggested Council send all recommendations concerning this to the City Attorney. She adjourned the meeting at 2:40 P.M. ATTEST: ASSISTANT CITY CLERK This public document was promulgated at a cost of $ i/. A; or $ per copy, to inform the general public and public officers and employees about recent opinions and considerations by the City Council of the City of Tamarac. - 13 - 6/8/83 /pm CITY OF TAMARAC APPROVED AT MEETING OF 83