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HomeMy WebLinkAbout1984-07-16 - City Commission Regular Meeting Minutes.. .. rr CITY OF TAMARAC, FLORIDA RECONVENED CITY COUNCIL MEETING July 16, 1984 (from 7/11/84) Tape CALL TO ORDER: Mayor Kravitz cal.l.ed. the -._.meeting to order at 9_:__0.0 1 A.M. on Monday, July 16, 1984 in the Council Chambers. ROLL CALL: PRESENT: Mayor Philip B. Kravitz Vice Mayor Sydney M. Stein Councilman Jack Stelzer Councilman John J. Dunne ABSENT AND EXCUSED:Councilman Raymond J. Munitz ALSO PRESENT: Laura Z. Stuurmans, City Manager Jon M. Henning, City Attorney Carol A. Evans, Assistant City Clerk Patricia Marcurio, Secretary Mayor Kravitz called for a Moment of Silent Meditation followed by the Pledge of Allegiance. GENERAL ADMINISTRATIVE/FINANCIAL 14. Broward League of Cities Business -- Discussion and possible action. SYNOPSIS OF ACTION: Report by Mayor Kravitz. Mayor Kravitz said that there will be a meeting of the Broward League on Thursday, 7/19/84 at Justins and everyone expects to attend. LEGAL AFFAIRS 15. Vacation of Utility Easement - Temg._Ord. #1120 - Dis- cussion and possible action to vacate a portion of a utility easement on Lot 4, Block 17 of Woodlands Section 2, Phase 1. First Reading. (Reconsideration by Council of the tabling action on 7/11/84 pursuant to updated Exhibit A attached to Temp. Ord. #1120). SYNOPSIS OF ACTION: Council reconsidered the tabling action taken on 7/11/84 and APPROVED Temp. Ord. #1120 on first reading. Jon Henning said this was a vacation of the utility easement to allow the building of a swimming pool in the backyard of a par- ticular house. He said there was some confusion at the regular meeting because the Exhibit did not indicate exactly-wheth_er.the. entire easement should be vacated or just a portion of it. He said there is a revised Exhibit and he suggested reconsideration. V/M Stein MOVED that Council reconsider this item, SECONDED by C/M Dunne. VOTE: ALL VOTED AYE Mr. Henning read the Ordinance by title and said FP&L has requested that the City draw a line on the Exhibit 15-feet from the eastern property line. He said the shaded area on the Exhibit will be vacated and the cross -hatched area will be left intact on the eastern border. V/M Stein MOVED APPROVAL of Temp. Ord. #1120 on first reading, SECONDED by C/M Dunne. VOTE: ALL VOTED AYE - 1 - 7/16/84 /pm J r 16. _Objects in Swales -- Temp. Ord. #1086 - Discussion and pos- sible action to amend Ordinance 83-37 and Chapter 23 of the Code regarding placement of certain objects within the swale area. Second Reading (Public Hearing held 1/25/84). SYNOPSIS OF ACTION: TABLED to the 7/25/84 meeting. Mr. Henning read the Ordinance by title and said this is the second amendment to the swale provision and this affects the 10-foot strip of land from the edge of the pavement to the property line. He said it was originallyto take care of the spar py p,concrete ramid curb liners and at the last meeting that this was discussed, there was concern whether this should be rewritten regarding poisonous plants, bus benches, etc. He said as it is presently written, it addresses the plants because it states "sharp edged or pointed, organic or non -organic or poisonous material". He said he did not rewrite the entire Ordinance and there is a list of exceptions such as the City prohibiting mail boxes unless the post office requires them. City Manager Stuurmans said this is a situation that has been held in abeyance since what occurred with the passage of the first amendment is that those round mushroom type curb stops were being required in general,with all of these other things, to be removed from residential properties within the community and it created quite a furor. She said because of past Council's concern about objects that might be hazardous within the Swale area, there was the initial implementation of this type of prohibition. Beyond the considerations of the rounded mushrooms which may or may not, from a legal point of view, now be excluded, she suggested this Council ought to be aware of the fact that in many of the City's newer communities, especially those where there has been a great deal of investment in landscaping, they have used coral -type rocks as corner points around driveways. She said if this Ord- inance is enacted, Council may hear from those people when they are required by Code Enforcement to remove what they call beautifi- cation. Also, she said railroad ties have been used in a number of areas and she is bringing all this to Council's attention be- cause she does not think this Council has had a chance to address this provision to the Code and the many ramifications from members of the public. She said Council may want to give this further review before final action. V/M Stein said he agrees with the City Manager that Council should postpone this but he said those people using railroad ties or coral rock should not change Council's attitude concerning this Ordinance because they are dangerous and should not be allowed. Vickie Beech, resident, said in several sections of the City, the 10-foot swale area would be on people's lawns where trees have been planted. V/M Stein said the Ordinance only addresses poisonous plants. C/M Dunne said in his area many people have their mailboxes about 2 feet from the street and he asked if they would be required to remove them if this Ordinance were passed. Mr. Henning said in answer to C/M Dunne's question, the Code at this time, Section 23-10(e)3, "Exceptions, Mailboxes", states that "Property owners may place mailboxes in the unpaved public right- of-way when such placement is the prerequisite to mail delivery to their property". C/M Stelzer said this Ordinance has been discussed since April, 1983 and he feels the Code amply covers the objections, therefore, this should be denied by Council. The City Manager said if the Council denies this Ordinance the way the Code is currently written, it would also prohibit the mushrooms. V/M Stein MOVED to TABLE this item to the 7/25/84 meeting, SECONDED by C/M Dunne. VOTE: ALL VOTED AYE - 2 - 7./ 16-/ 8 4 .- /pm J 18. Employee Pension Plan - Temp. Ord. #1126 - Discussion and possible action to amend the Pension Plan and codify the earlier ordinances that established this plan for all employees. First Reading. SYNOPSIS OF ACTION: APPROVED on first reading. The City Attorney will send a memo to Council con- cerning the changes involved. Mr. Henning read the Ordinance by title and said this is a 33 page Ordinance and second reading is not planned until September and this is placed on -the agenda for consideration and discussion. He said they have taken a half dozen or so Ordinances which make up the Pension Plan with subsequent amendments and created one document, codified, collated and put into the Code Book. He said they addressed one provision regarding the Administrative or Pension Board concerning involvement of the Charter Board. He said the Charter Board had interaction with the Pension Board and made inquiries of them as to their request to be involved. He said the way it was left, the Charter Board would have a designee, not necessarily the Chairman, on the Pension Board. He said there was much discussion on disability provisions but it is an accomplishment just to get it all into one document. V/M Stein said Council should have a memo from the City Attorney's office explaining the changes before the second reading.and he MOVED APPROVAL of Temp. Ord. #1126 on first reading, SECONDED by C/M Dunne. C/M Stelzer asked if the Mayor or other elected officials should be voting members of the Pension Board. Mr. Henning said during discussion at the workshop meeting on committees, it was stated there may be some exceptions to the general provisions of the committees of the City. He said it was discussed that employees should not be on City committees, however, there is a provision for City employees on the Pension Board. He said it is a policy decision which. Council should make as to whether or not they should vote. C/M Dunne said he thinks everyone should be represented but has found that many people abuse the disability provisions. Melanie Reynolds, Charter Board member, questioned whether the complete Ordinance would be in the Code Book or just a paragraph and Mr. Henning said the complete Ordinance will be in there. VOTE: ALL VOTED AYE COMMUNITY DEVELOPMENT 34. Northwood II — 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. SYNOPSIS OF ACTION: APPROVED for 6 months from 7/14/84 and to expire 1/14/85. V/M Stein said since all fees were up to date, he MOVED APPROVAL of the model sales permit, SECONDED by C/M Dunne. VOTE: ALL VOTED AYE - 3 - 7/16/84 /pm J 35. Patio Homes at Fairmont - Model Sales Facility - Discussion and possible action to renew a model sales permit. SYNOPSIS OF ACTION: TABLED to the 7/25/84 meeting. Mr. Henning said the applicant requested this item be tabled to the 7/25/84 meeting and V/M Stein so MOVED, SECONDED by C/M Dunne. VOTE: ALL VOTED AYE 38. Drainage Improvements in the City - Discussion and possible action. SYNOPSIS OF ACTION: The CitManager said _. no complaints had been received concerning drainage. V/M Stein suggested that clean up work needed after developers complete a project not be a cost to the City. The City Manager will check this further. Mayor Kravitz asked the City Manager if she received any complaints because of the heavy rains and she said she has not received any complaints and part of that is attributable to the drainage system of the City._ She _said the acquisition of the new equipment has been a tremendous help in cleaning out catch basin areas. V/M Stein said some of the clean up that is necessary is caused by the various developers and he questioned whether the City could do something so that they would clean up their own debris. Cith Manager Stuurmans said there is a possibility that within the work procedures within subdivision improvement regulations, a provision could be added for a vactor clean out by the City of catch basins with a charge back to the developers. She said this would offset the costs. She said there are also problems with residents leaving grass clippings in the catch basins as well. She said she would check this further. RFPnRTq 39. City Council Reports - C/M Stelzer said he toured several areas of the City with the Public Works Director and they found most canals that could be seen from the road were in good condition. He said there are several medians, however, that need maintenance. He said they went through Colony West, Sabal Palm and Woodlands as well as the golf courses. He said they did not go behind any private homes to check the canal condition but in Sunflower/Heathgate there is a little area by 70 Ave. where there is debris that has collected. He said at Sabal Palm they drove onto the golf course and the complaints from that area are caused by low water in the canals. He said there is one area in Sunflower/Heathgate that has tall weeds but Mr. Turek said they were requested to leave those for the fish to spawn. Mayor Kravitz said he went out to investigate complaints that were called into his office concerning dirty canals and lakes and he found just the opposite condition from C/M Stelzer. He said in his own area of Woodlands, the canals are filthy and he wrote to both the City Manager and Public Works Director to check this further. He said after he complained he still received letters and he forwarded those to the City Manager. He said he spoke at Sunflower/Heathgate on 7/12/84 and there were many complaints which he forwarded to the City Manager. - 4 - 7/16/84 /pm J Mayor Kravitz said he does not think these complaints should come to the Council office but should be directed to the City Manager. He said he does not think Lakes Doctor is doing a proper job for the City and this should be looked into further. C/M Dunne said the people in the north are unhappy with their present canal maintenance. He said he sent a memo to the City Attorney questioning the procedure to put a temporary hold on the $200,000 Recreation building and to change the building as originally requested. Mayor Kravitz suggested this be held for discussion at the Pre Agenda meeting. Mr. Henning said from the legal aspect, if Council wishes to halt the construction they can. He said it should be placed on the agenda for reconsideration but Council could instruct the. City Manager that no more progress should be continued on that building until this reconsideration; she would act accordingly. C/M Stelzer questioned when the Recreation Department said this building would not be sufficient and C/M Dunne said they wanted a gymnasium with this building. C/M Stelzer said this was a plan that was submitted by the Recreation Department and they would probably prefer this to going to referendum and perhaps getting nothing. Tape V/M Stein said the medians are in desperate need of maintenance and 2 the Public Works Director should inform Council if the budget for the care of the medians is not sufficient. He said at the last meeting C/M Stelzer tried to get reconsideration of the Golf Feasibility Committee and he disagreed at the time; however, since the State Legislature has repealed the Sunshine Act in relation to the purchase and negotiation of real property, he suggested that before the Golf Feasibility meets and acts, the Council should act as the negotiating committee in workshop before then. He said C/M _ Munitz is the liaison and he is on the Community Planning Board and the input from this as well as the public would be very helpful. He said it should be stated that he is talking about the Sabal Palm Golf Course. Mayor Kravitz said it has been recommended that the staff work on this and a Workshop Meeting will follow and then the Council will act accordingly. He said there are 3 basic considerations, first, is it legal, second, is it feasible and, third, do the people want it. Vickie Beech, resident, said her area at Colony West Executive Course is surrounded by canals and they are in terrible condition. She said the medians are in need of maintenance as well. She said she is concerned about the negligence in this area in the City and she suggested better planning for the City. Mayor Kravitz said whatever applications came in for the position of City Manager were given sealed to the Personnel Director. He said there will be more advertising on this and in the,near 'future a meeting will be called for Council to review them. He said there will be budget workshops called as well as a meeting for the FOP negotiations which will be closed. C/M Stelzer asked how the applications will be distributed to Council and Mayor Kravitz said Council will receive copies of each application and then Council will pick a set amount to be interviewed. Mr. Henning said Council might want to consider having whatever applications have been sub- mitted by noon on Tuesday as a deadline so that they could be dis- cussed at the Pre Agenda meeting on Wednesday. Melanie Reynolds, resident, said the applications for position of City Manager are public record and should not be held up. V/M Stein said there is no law that states that they must be opened immediately, Council has a right to advertise and stipulate that they will be opened on a certain date. - 5 - 7/16/84 /pm 40. City Manager Report - City Manager Stuurmans said she sent a memo to Council on 7/10/84 from Lee Browne concerning the Consulting Engineering firms and she felt it was important that Council take action on this prior to its August recess. Mayor Kravitz said there will be a Special Meeting scheduled immediately following the Pre Agenda meeting on Wednesday for the purpose of interviewing the -- 3- Engineerin�firms. ._ -- V/M Stein asked the City Manager if, in her opinion, the 3 final proposals cover the same work. City Manager Stuurmans said she thinks they understand the nature of the work product that Council desires; however, their approaches are different. She said she sent a memo to Council on 7/2/84 regarding the SSES Grant that the City is eligible for. There is a utility rate resolution that will be required to be enacted for acceptance of that grant and she recommended that the City not approve the rate resolution and, in effect, not be in a position to accept that grant. She said she received a call last Friday from Tallahassee asking what the City's posture is in respect to that grant because they want to move to have EPA certify and let the City know they are fundable. She told them that the resolution is before Council under consider- ation and this Council should agendize the matter of the SSES Grant and put on record what it wishes to do. She said because of the implications with that rate change at this time for a $150,000 grant award, she would not recommend it. 41. City Attorney Report - Mr. Henning said his report concerning the Loeffler property is that Council authorized him to negotiate with John Loeffler, owner of the property in front of the park on University Dr. and he is proposing to put a shopping center at that location. He said the City received an appraisal amounting to $838,500 on the land; however, Mr. Loeffler said if the case went to condemnation, he would accept $1.4 million. He said because of this, staff has not pursued this further and, with Council approval, they will close consideration of this. He said the school will have to work with the City to assure safety for the school children and the park from traffic at this center. C/M Stelzer asked Mr. Henning why the City wanted this, property and Mr. Henning said Council action was for staff to consider whether the land would be used so that something else would not be built there and there was also a need for additional park space. V/M Stein said he asked for this because the school opposed a commercial enterprise there and the City has been using this property for parking from the Tamarac Park which will be reduced considerably if a shopping center goes there. V/M Stein said the City is not prepared, however, to spend that much money for this property. Mr. Henning said this was before Council for site plan approval and not rezoning. Mr. Henning said concerning the dome at TUW, at the last hearing with the Broward County Environmental Quality Control Board on 7/6/84, this case was closed. The City was assessed Investigative Costs which were under $300 and this is a victory for the City. Mayor Kravitz said he received complaints from residents of this area concerning odors and Mr. Henning said there has been a roof leak causing a problem with a compost filter. The warranty states that there will be a 98% improvement and there is $10,000 out- standing which is in dispute. This will not be paid until Council gives approval. He said he will report on the status of this at the 7/25/84 meeting. - 6 - 7/16/84 /pm j LEGAL AFFAIRS 42. Settlement of I_NA - _Woodmont Country Club -- Fire Lawsuit - Discussion and possible action. SYNOPSIS OF ACTION: Agendized by Consent. The City Attorney was authorized to instruct the insurance attorney to settle. This would be subject to no claims being on file and that Statute of Limitations has run out against any claims that have not been filed. Mr. Henning will advise Council about the status of this at the Pre Agenda meeting on 7/18. Mr. Henning said David Keller, with the law firm of Bunnell, Denman & Woulfe, P.A., is representing the City as well as Peninsula Fire. He said the City had a policy covering April, 1979 to April, 1980 in the amount of $100,000 coverage. He said the personal injury was $100,000 per incident but the pro- perty --damage was an aggregate of $100,000 of all claims assessed against --the City for property damage during that policy year. He sa-id-there were 2 previous lawsuits that were settled under that pol-icy leaving $81,870 left in the coverage and they are willing_=to settle for the remainder of the coverage for that year, 79/80, and this would not involve any claim or payment from the City. He said this is insurance money that would go to the plaintiff and the concern that he has is there would be no other coverage for property damage claimed arising out of that year. He said he is trying to verify with the carrier that there are no claims outstanding since his records show that there are none. He said the 4 year Statute of Limitations for those claims has expired and, assuming that there are no claims outstanding, if Council would agendize this, he would get back with Mr. Keller and authorize him to accept the settlement which would not cost the City anything. V/M Stein MOVED to Agendize this by Consent, SECONDED by C/M Dunne. VOTE: ALL VOTED AYE V/M Stein said by approving this, the City would be released from any obligations and he MOVED to authorize the City Attorney to authorize Mr. Keller to settle subject to a statement that there are no claims filed now and that the Statute of Limitations has run against any claims that have not been filed so that the City is covered. Mr. Henning said he will advise Council about the status of this at the Pre Agenda meeting on 7/18. SECONDED by C/M Dunne. VOTE: ALL VOTED AYE C/M Stelzer asked the history of this suit and Mr. Henning said all of the facts may not come out unless there is a trial and this settlement would avoid any calculated risks. He said they know that when the building was rebuilt,the same materials were used except the sprinkler system was installed. He said he has some serious questions about whether or not building inspectors or the City should be liable for these inspections He said the Building Department's theory is that the specifications are by the architects and engineers. He said there were some complications with the coverage forTthe-engineers and architects in this case. He said the City is left, therefore, as the responsible party. He said the insurance coverage for the architects and engineers had some technicalities in it that may prohibit recovery from them which was the fact that the contractor agreed to hold them harmless up to the extent of his own insurance which meant that he would be - - s.uinq .himself_. - 7 - 7/16/84 /pm Mr. Henning said negotiations, to and engineers and the contractor agreed, through the contract waive insurance requirements of the architects have his own insurance cover that. Meeting was adjourned at 10:30 a.m. A Ea WWI Pr • 1 This public document was promulgated at a cost of $ //7` go or $ 3.1e 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. - 8 - 7/16/84 /pm CITY OF TANIAR C APP VED AT MEETING OF /v7 F1 V �i�t C.lerk V