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