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HomeMy WebLinkAbout1984-03-07 - City Commission Special Meeting MinutesMAIL REPLY TO: P.O. BOX 25010 TAMARAC, FLORIDA 33320 5811 NORTHWEST 88TH AVENUE 0 TAMARAC, FLORIDA 33321 TELEPHONE (305) 722-5900 February 28, 1984 NOTICE OF SPECIAL MEETING CITY COUNCIL OF 'TAMARAC, FLORIDA Please be advised that there will be a Special Meeting of the City Council to be held on Wednesday, March 7, 1984 at 9:30 A.M. in the West Conference Room at City Hall, 5811 N. W. 88th Avenue Tamarac, Florida. The purpose of this meeting is Tamarac Utilities West Grants - Presentation of recommendation y Williams, Hat ie1 -Stoner for processing of grants "Request for Inclusion" forms, Discussion and possible action. The City Council may consider and act upon such other business as may come before it. The Public is invited to attend. .Pursuant tOSection 286.0105, If a pergpn decides to a �� StBtUtas pperl any decision made by the council with r City el ect to any ms ter considered at such meeting or hearing he will need a repOrd of the proceed Purpose, he may need to ensure that sings and for such verbatim record 'includes the testimony and evidence upon which the appeal is to be based. /lc Car�o1 A. Evans Assistant City Clerk FMIGY OF NON-DISOMMiATION ON BASIS OF KWIGIPPM S=z AN BIAL Off'PO1rRNM Ewlay'Ea CITY OF TAMARAC, FLORIDA SPECIAL CITY COUNCIL MEETING MARCH 7, 1984 Tape CALL TO ORDER: Mayor Walter W. Falck called the meeting 1 to order on Wednesday, March 7, 1984 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: City Manager Laura Z. Stuurmans City Attorney, Jon M. Henning Assistant City Clerk, Carol A. Evans Secretary, Roslyn Brauner Mayor Falck read the Notice of the Special Meeting into the record concerning Tamarac Utilities West grants. Mrs. Helen Sobel of the Social Service Board presented to Mayor Falck, a plaque from the Chevron Health Corporation of America for his fine work at the Health Fair of 1984. Bob Shurr as Commissioner of Human . Relationsm- Discussionoand possible action_,_._..__,_ Reappointment p _ SYNOPSIS OF ACTION: Agendized By Consent.( See Page 4). C/M Krantz MOVED to Agendize by Consent, reappointment of Mr. Bob Shurr as Commissioner of Human Relations. SECONDED by V/M Massaro. ►r�609M ALL VOTED AYE 3. Commercial Plaza - Plans for Positive Drainage - Discussion and possible action. SYNOPSIS OF ACTION: Agendized by Consent. (See Page 4). City Attorney Henning said he issued a memorandum to Council on this item. He said the City has been attempting to resolve the drainage problem at Commercial Plaza for many years. They are now ready to move forward and the bond will expire on April 1, 1984,and they have requested the City to expedite the approval of the engineering drawings. lie said Larry Keating said the design is fine and it would be necessary for the Council to approve the engineering drawings before the permits can be released. Mr. Henning said occasionally the City becomes involved in a complicated legality on bonds. and the City could avoid a legal conflict here if Commercial Plaza were allowed an extra week to finish their work before the bond expires. He suggested if Council wishes to discuss this further, it be Agendized by Consent. V/M Massaro MOVED the item on drainage for Commercial Plaza be Agendized by Consent. SECONDED by C/M Krantz. -�- 3/7/84 /rb C/M Kravitz said he feels there is no urgency on this item, and it was not placed on the aaenda for today. He said Council has not looked into this and he feels it should be held until the next regular meeting of March 14. He suggested this be discussed today and considered further on March 14, 1984. He said in that way, it can be investigated since Council knew nothing about this situation until this morning. City Attorney Henning stated this can be Agendized today for discussion, and then tabled until the regular meeting, if Council so wishes. VOTE: C/M Krantz Aye CIM Kravitz Nay V/M Massaro Aye Mayor Falck Aye 4. Presentation Of Proclamation To ORT - SYNOPSIS OF ACTION: Agendized by Consent. Proclamation read into the record by mayur Falck (See also Page 4). Mayor Falck said he had planned to make the presentation to the appropriate individuals at the last Council meeting, but they were unable to attend. He said they came into his office this week, and he presented the Proclamation to them at that time. The Mayor read the proclamation into the record, designating March 1 as ORT Day and March 1 through March 7 as ORT Week. V/M Massaro MOVED that the Proclamation for ORT be Agendized by Consent. SECONDED by C/M Krantz. VOTE: ALL VOTED AYE 1. Tamarac Utilities West Grants - Discussion and possible action. SYNOPSIS OF ACTION: Grant List Approved, as recommended by Williams, Hatfield & Stoner in memo of 2/28/84. City Manager Stuurmans said she distributed a memorandum to Council on March 5, 1984 regarding Utilities West and one grant application for Utilities East in the grants processing program. She said attached to her memorandum was a detailed memorandum from Mike Hermesmeyer as to which funding source is being recommended to Council to be pursued for the filing of the request for inclusion forms. The City Manager said it is suggested that the first two projects, being the spray irrigation program and the sludge dewatering and composting program, go through the Federal grant funding source, and that Items 3, 4 & 5 which are the sanitary sewer rehabilitation which has been done for the past few years, the turnpike force main project and the McNab/University force main improvements project,be processed through the State Small Community Trust Fund grant program. In addition to those three, the City will attempt to obtain some funding for the Tamarac Lakes I and II gravity sewer system to hook up those few homesites in Lakes I and II which are still on septic, tank. City Manager Stuurmans stated that for the spray irrigation wastewater expansion, the recommendation is to combine the Federal/State Priority list with an April 15, 1985 target date, which is the startup date for construction. The project cost is $7,970,000.00. -2- Mrs. Stuurmans said regarding the second project which is the sludge dewatering and composting program, the recommendation is the Small Communities Step 2-3 Trust Fund, with an April 1.5, 1985 target date. She said the cost of this project is $1,600,000.00. City Manager Stuurmans said for the sanitary sewer rehabilitation, the recommendation is for funding to be attempted through the Small Communities Trust Fund, with an October 1, 1984 target date. She said the City might move up on the priority list and obtain funding in the current fiscal year, but it will be attempted to get back on the priority list for next year in case the City does not move up this year. Project cost $550,000.00 The City Manager said on the turnpike force main, the Small Communities Trust Fund would be the recommendation, with an April 15, 1985 target date. Project cost $340,000.00. Mrs. Stuurmans said on the McNab/University force main improvements, the recommendation is the Small Communities Trust Fund, with an April 15, 1985 target date. The project cost is $950,000.00. Mayor Falck asked what the McNab/University improvements specifically relate to; and Mr. Hermesmeyer said this is the enlargement of the force main in McNab Road down to University Drive to accommodate the northwest area. He said tale pump station upgrading would need to be done also. City Manager Stuurmans stated that the Tamarac Lakes gravity sewer system recommendation is the Small Communities Trust Fund, with an October 1, 1984 target date. The project cost for this would be $225,000.00. V/M Massaro asked if the City would have to replace the septic tanks at Tamarac Lakes; and Mayor Falck said the septic tanks will be eliminated. Ile said it is his understanding they do not have to be removed from the ground, and the existing sewer lines will be tied into a sewer line that will be part of the spray irrigation system. Mr. Hermesm,eyor said the money included in the funding for this would be to run the laterals to the property line. He said the septic tanks do not have to be removed from the ground as they would be disconnected and the line will run to the sewer system. Mr. John Lachmann, resident, asked whether the hookup to the main line would be at the expense of the homeowner; and Mr. Hermesmeyer said it would., City Manager Stuurmans said an attempt was made to obtain this funding from the Community Development Block Grant Program in the past, but it does not fall into a fundable category. Mayor Falck said on previous occasions, Council has discussed the matter of setting up a special district to fund this over a period of three to five years. City Manager Stuurmans requested a Motion from Council authorizing staff to proceed, as recommended in Mr. Hermesmeyer's memo of February 28, 1984, subject Grant List. Mayor Falck said he would subscribe to the proposal as outlined and it would be his recommendation that Council adopt it.. He said Williams,Hatfield & Stoner have spent a lot of time and effort in connection with the various segments of the entire proposal, and he would recommend this be the general direction in which the City move ahead. -3- 3/7/84 /rb C/M Krantz MOVED the approval of the Grant List, as recommended by Mr. Hermesmeyer in his memo of February 28, 1984 addressed to the City Manager, covering Items 41 through #6 inclusive. SECONDED by V/M Massaro. VnTE_ ALL VOTED AYE 2. Reappointment of Mr. Bob Shurr_as Commissioner of Human Relations -Temp. Reso. #3047 - Discussion and possible action. SYNOPSIS OF ACTION: Agendized by RESOLUTION NO, R-84-fiR PAS:SP.T1 Consent on Page 1. APPROVED for one year from 3/l/84. City Attorney Jon Henning read the Resolution by title. C/M Krantz MOVED to approve Temp. Reso. t3047 reappointing Mr. Bob Shurr as Commissioner of Human Relations for one year from March 1, 1984. SECONDED by V/r2 Massaro. VOTE: ALL VOTED AYE 4. Presentation of Proclamation to ORT - Discussion and possible action. SYNOPSIS OF ACTION: Agendized by Consent on Page 2. Proclamation waG Dresenterl earlier this wee!-. Mayor Falck said he had been requested by the ORT organization to issue a proclamation in recognition of vital achievements of the ORT worldwide programs in the Women's American ORIV abroad and on the American scene. He said this proclamation normally would have been read and presented in person at the last Council meeting, but because of the inability of the participants to attend the meeting, they requested this be held off and they would appear on a Monday afternoon. He said he arranged for that and on Monday of this week, presented the proclamation to them and they took the necesary photos. He said he is referring to this for the official record of the City, and if anyone would like to see the proclamation, it is available in the City Clerk's office. 3. Commercial Plaza - Plans for Positive Drainage - Discussion and possible action. SYNOPSIS OF ACTION: Agendized by Consent on Page 1. APPROVED plan, subject to payment of fees. If work not completed by 4/l/84, the bond is to be extended. City Attorney Henning stated that the City Code requires a positive drain, which means the connections must be through pipes and not just drain fields. He said if there is not a positive drain flow for drainage, then a bond must be posted. Mr. Henning said this development is a strip store type which is adjacent to the new Lakeside Plaza on 441, and in fact was there before Lakeside Plaza. He said they did not put in the pipes that were required under the City Code and there are drain fields or other alternative methods to serve their purpose in the parking lot. The City Attorney said a bond was posted and the condition has existed for several years. He said their attorneys have asked for release of the bond and for amendment to the City Code because they felt it was unfair to hold the bond year after year. The City has abided by the Code and the bond has been held. The latest annual bond expires on April 1, 1984. -4- 3/7/84 /rb Mr. Henning said he is assuming that due to the development of Lakeside Plaza stores, the drainage pipes are now in place, and Commercial Plaza is willing to tie into the system and do the necessary work required by the City Code. He said it will take a couple of weeks to complete the work and the City received a letter from the developer asking the City to ex- pedite this matter. City Attorney Henning said he is pleased that Commercial Plaza will finally cooperate with the City and put in the necessary drainage pipes to conform with the Code. He said he is certain that they will not want to renew the bond on April 1 and the City will have a legal problem. Mr. Henning said Commercial Plaza is now suggesting they be permitted to place escrow funds with their attorneys, Fine,dacobson, etc.,with whom the City deals on other matters. The City Attorney stated that he is not only attempting to allow the approved work to move forward, but is also trying to avoid a legal dispute relating to the extension of the bond on April 1. Fie said assuming the design is appropriate and the proper fees are paid, if they were permitted an extra week, it would avoid the legal problem about the bond. Mr. Henning said he is aware of the Council's concern relating to agendizing items by consent, but he is concerned about the bond problem. He said assuming the design is adequate, it would seem to him that additional problems could be avoided by moving forward at this time. He commented that when the work is done, inspections and approval will be required. C/M Kravitz stated he feels the Council's actions at this time are illegal as relates to agendizing items by consent, and then taking action on them. He said the developer's letter of March 5, 1984 stated that V/M Massaro said it is her opinion that in this case, a revised site plan would not be necessary and the matter would be placed on the City Council agenda for March 14, 1984. C/M Kravitz said it is his opinion this item should be placed on the March 14, 1984 agenda since there is no urgency in the matter, and he would MOVE to table the item to the meeting of March 14, 1984. V/M Massaro said she feels this is an extreme emergency as this problem has existed for years and the City has been waiting for the work to be done in order to comply with the requirements of the Code. She said the work could have been done in the past, but the cost to the developer would have been in excess of $20,000.00. She said when the plans were'approved, the system was a very good one and it has held up all these years. However, when there is not a positive flow, at some point in time, problems will occur. The Vice Mayor said from information received from. the City Planner, the City Engineer and the City Attorney, it was determined that a revised site plan would not be required as the engineering plan is part of the original site plan. However, a revised engineering plan is required and the minimum fee of $400.00 must be paid. She said the fee has not as yet been paid. V/M Massaro said the City does not want any further legal complications. The MOTION died for lack of a SECOND. -5- 3/7/84 /rb City Attorney Henning said he would stress that the legal problem will be inevitable on April 1, 1984 and that is what he is trying to avoid. He said if Council determines that a renewal of the bond will not be required on April 1, the legal dispute would be avoided. V/M Massaro MOVED to approve the plan submitted for Commercial Plaza for the connection for a positive flow, subject to payment of the plan review fee of $400.00 and engineering permit fees; and if the work is not completed by expiration of the bond on April 1, 1984, the bond will have to be extended.SECONDED by C/M Krantk C/M Kravitz stated for the record, that it is his opinion the Motion is illegal and he would prefer not to vote and will leave the meeting before the vote is taken. Mayor Falck said he hones that at no time would the Council permit itself to become involved in not giving the people the things the City feels must be done to protect the residents. C/M Kravitz left the meeting. V/M Massaro asked Mr. Henning whether Council is doing something illegal today; and the City Attorney stated that the Council is doing nothing _ll.eaal. VOTE: C/M Krantz Aye C/M Kravitz Absent V/M Massaro Aye Mayor Falck Aye Mayor Falck said he received additional correspondence yesterday relating to the Al Miller situation which he referred to the City Attorney; and he would suggest Mr. Henning make a report to Council at this time on the matter. City Attorney Jon Henning stated that Mr. Miller is now working with his third law firm and the City received the traditional Notice of Claim. He said one of the newspapers reported that Mr. Miller had filed a law suit,but that is not entirely correct. Mr. Pliller had filed a Notice of Claim, which is a six-month warning to a law suit,but many Notices of Claim are not followed by law suits. Mr. Henning said that Council, received a copy of the Notice of Claim. The same attorney for Mr. Miller filed a request with the Board of Rules and Appeals, to be heard on two matters that were addressed in the suspension and resignation procedure. Mr. Henning said the Board of Rules and Appeals have clever received the original letter from the attorney, although the City Council did receive copies. Ile said he responded to that letter as he was unaware that the Board of Rules and Appeals had not received the original. Mr. Henning said he has had conversations with the new attorney, who had a Notice of Claim hand delivered to the Board of Rules and Appeals. A determination was made that there is not sufficient time to consider the matter at tomorrow night's meeting and: was tentatively agendized for the April meeting, subject to the backup being received by the Board of Rules and Appeals. _0_ 3/7/84 /rb L Mr. Henning said he sent copies of his response to the attorney's letter to Councilmembers and the Charter Board regarding the request to be heard by the Board of Rules and Appeals. He said his position is that the City is opposed to this being brought up at the hearing of the Board of Rules and Appeals as the matter is over with and it is not a subject that is timely for consideration by the Board of Rules and Appeals; and due to the releases given by Al Miller, the item should be finished. The City Attorney stated that the item will not be considered at the meeting tomorrow, although it could be considered at the April meeting but that would depend upon whether the proper backup is received and a determination made by the Board relating to his response. Mayor Falck commented that the attorney's letter refers to the actions of the City Manager and the Vice Mayor, yet he did not send copies of his letter to the City Manager or the Vice Mayor. The meeting was adjourned at 10:15 A.M. ATTEST: A SISTANT CITY CLERK CITY OF TAMARAC APPROVED AT MEETING OF 3"aF- Uty Clerk This public document was promulgated at a cost of $ 68.70 or $ 1.91 per copy to inform the general public and public officers and employees about recent opinions and considerations by the Council of the City of Tamarac. SA: 3/7/84 /rb