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HomeMy WebLinkAbout1984-01-03 - City Commission Reconvened Regular Meeting MinutesMAIL REPLY TO: P,O. BOX 25010 TAMARAC, FLOHIDA 33320 5811 NORTHWEST 88TH AVENUE 0 TAMARAC, FLORIDA 33321 TELEPHONE (305) 722-5900 December 29, 1983 NOTICE OF RECONVENED CITY COUNCIL MEETING There will be a Reconvened City Council Meeting on Tuesday, January 3, 1984, at 2:00 P.M., in the Council Chambers at City Hall, 5811 N. W. 88th Avenue, Tamarac, Florida. The Items remaining from the Council Agenda of December 28, 1983, to be considered are as follows: 2. Recreation Board - T Reso. #2890 - Discussion and possible action to appoint one member to t 's oard tabled from. 11/9/83). 3. Investment Advisory Committee - Announcenent of vacancies on this committee. If anyone is interested in serving on this committee, please contact the City Clerk's office for an application. 5. Kir at Tivon - TaT. Reso. #2969 - Discussion and possible action to authorize the appropriate City officials to execute a Sister -City Agreement. 6. Investment Committee Re rt/Recommendations - Discussion and possible action. 7. Pension Fund Investment - Ter[p. Reso. #2975 - Discussion and possible action to esignate an agent. 10. Broward League of Cities Business - Discussion and possible action. 13. Temporary Model, Sales and Adrlinistrative Uses - T . Ord. #1068 - Discussion and possible action to amend Section ot the Code to inc u e specific requirements for permitting the construction of temporary commercial enterprises located in commercially zoned parcels of land. Second Reading. (Public Hearing, held 12/28/83). 19. 1984 Municipal Bonds - Discussion and possible action on municipal bonds to be issued by the City: a) Bonds for financing municipal complex, establishing referendum question and date of referendum - T _ Reso. #2979 b) Bonds for financing capital improvements to accommodate plans for wastewater treatment, establishing referendumn question and date of referendum to be held sometime after the March 13, 1984 election - Temn. Reso. #2980. 20. Proposed Facility for Public Works De artment - Discussion and possible action. (tabled from, 2 83). 21. Capital ImprovementEx enditures from Recreation Fund - Legal opinion from the City Attorney. Discussion and possr e action. 22. Swales - Temp. Ord. #1086 - Discussion and possible action to amend Ordinance 83 - 37 an_d_C_h_a_p_t_e_r__T3__oT the Code regarding placement of certain objects within this area. First Reading. 23. Bonding Requirements for Off -Site LTNrovenmts - Terrp. Ord. #811 - Discussion and possI e action. Pu is Hearing held 22/ to e rom 11/30/81). 26. Golfview Plaza - T . Reso. #2977 - Discussion and possible action to authorize execution of --a Four -Party Agreement with Broward County, City of Fort Lauderdale and Executive Golf Apartments, Inc., regarding development of this project. 12/29/83 Page 2 29. Woodtmnt Street Designations -Temp. Reso. #2978 - Discussion and possible action to aut rize Browar County to anstall street signs with dual name designations on certain streets. 30. Fami1 Mart - Performance Bond - Status report by the City Engineer concerning as performance bond posted or correction of deficiencies. Discussion and possible action. 34. Bishop Tracts - Discussion and possible action on: a Tract 2 located on the west side of NW 88 Avenue, 1) Development Order - TEgp. Reso. #2941 2) Plat - Temp. Reso. 2934 3) Development Review Agreement 4) Development Agreement -- Temp. Reso. #2935 b) Tract 31 (located on the west side of NW 88 Avenue, NW 77 Street) 1) Development Order - Tem . Reso. #2942 2) Plat - Temp. Reso. # 3 3) Development Review Agreement 4) Development Agreement - Temp. Reso. #2940 (tabled from 12/6/83) south of NW 81 Street) north and west of 38. Woodmont Tract 59 - Performance Bond - T Reso. #2952 - Discussion and possible action to call a per ormance bond posted or public improvements (tabled from 12/14/83). 39. Colony West Count Club - Discussion and possible action on: b Traffic Light Agreement (tabled from 12/14/83). 42. Drainage Improvements in the Cif - Discussion and possible action. 43. City Council 44. City Manager 45_--City Attorney PUBLIC HEARINGS 2:00 P.M. 46. Optional e Design Walls - Temp. Ord. #1070 -- Discussion and possible action to amend Section 6-12 an - 5 o t e Code to permit construction of precast concrete panels as an alternative design to solid masonry walls. Second reading. 47. Candidate for Office of Ma or or Councilmember -- Temp. Ord. #1079 - Discussion and possible action to repeal Ordinance 7 - 3 y rermving the requirement for filing of nominating petitions by candidates. Second reading. 48. Sodding of Canal Banks - Temp. Ord. #1080 - Discussion and possible action to amend Section 24-34 of the Code pertaining to canal bank sodding bonds and ins pections,__S�cond-Reading^_-_-----__ The City Council may consider such other business as may come before it. The public is invited to attend. Assistant City C er Pursuant to Section 286.0105, Florida Statutes If a person decides to appeal any decision made by the city Council with respect to any matter considered at such meeting or hearing, he will need a record of the proceedings and for ;,uch purpose, he may need to ensure that a verbotim record includes the testimony and evidence i1no t which ihn �.,.,.,. l *. i— �.._ k. _.. , CITY OF TAMARAC, FLORIDA RECONVENED CITY COUNCIL MEETING JANUARY 3, 1984 (from 12/28/83) ipe CALL TO ORDER: Mayor Falck called the meeting to order at 2:00 P.M. 1 on Tuesday, January 3, 1984, in the Council Chambers. ROLL CALL: PRESENT: Mayor Walter W. Falck Vice Mayor Helen Massaro Councilman Philip B. Kravitz Councilman David L. Krantz Councilman Jack Stelzer ALSO PRESENT PUBLIC HEARINGS Laura Z. Stuurmans, City Manager Jon M. Henning, City Attorney Carol A. Evans, Assistant City Clerk Patricia Marcurio, Secretary 46. Optional _Type Design Walls - Temp. Ord. #1070 - Discussion and possible action to amend Section'6-12 and 6-45 of the Code to permit construction of precast concrete panels as an alternative design to solid masonry walls. Second reading. SYNOPSIS OF ACTION: Public ORDINANCE NO. '0-84 PASSED. Hearing held. APPROVED on second and final reading as amended. Mr. Henning read the Ordinance by title and Mayor Falck opened and closed the public hearing with no response. V/M Massaro said there is a small correction on Page 2, Line 18 adding the language, "'If precast, the termination post and the corner post shall be permanently tied into the wall panel and the next adjacent post in a manner acceptable to the Chief". She MOVED APPROVAL of Temp. Ord. #1070 on second and final reading as amended. SECONDED by C/M Krantz. VOTE: ALL VOTED AYE 47. Candidate for Office of Ma or or Councilmember - Temp. Ord. #1079 - Discussion and possible action to repeal Ordinance 76-33 by removing the requirement for filing of nominating petitions by candidates. Second Reading. SYNOPSIS OF ACTION: Public ORDINANCE NO. 0-84- PASSED. Hearing held. APPROVED on second and final reading as amended. Mr. Henning read the Ordinance by title and Mayor Falck opened the public hearing. Melanie Reynolds, Charter Board member, asked if this affected Ordinance 76-88 and Mr. Henning said it should be amended on Page 1, in the title, adding "and 0-76-88", on Line 15, adding "s" to Ordinance and "and 0-76-88", in Section 2, Line 34, adding "s" to Ordinance and "and 0-76-88". Mayor Falck closed the public hearing with no further response. C/M Kravitz MOVED APPROVAL Temp.of Ord. #1079 on second and final reading as amended, SECONDED by V/M VOTE: C/M Stelzer Nay C/M Krantz Aye C/M Kravitz Aye V/M Massaro Aye Mayor Falck Aye 1/3/84 / pm 48. Sodding of Canal Banks - Temp__. Ord_._#1.080 - Discussion and possible action to amend Section 24-34 of the Code pertaining to canal bank sodding bonds and inspections. Second Reading. SYNOPSIS OF ACTION: Public Hearing was held. TABLED to 1/11/84 meeting. Mr. Henning read the Ordinance by title and Mayor Falck opened the public hearing. Harold Newman, resident, asked if this applies to vacant land as well as developed areas and V/M Massaro said as they are developed it would then apply. Mr. Newman asked what could be done to maintain those areas that are undeveloped and V/M Massaro said in most cases they do not excavate to the property lines, therefore, that erosion is not harmful to anyone. Mayor Falck closed the public hearing with no further response. V/M Massaro said she discussed this with the City Engineer and the Building Official and they feel this needs further review and she MOVED to TABLE this Item to the 1/11/84 meeting. SECONDED by C/M Krantz. VOTE: ALL VOTED AYE LEGAL AFFAIRS 19. 1984-Municipal Bonds - Discussion and possible action on mun- icipal bonds to be issued by the City: a) Bonds for financing municipal complex, establishing refer- endum question and date of referendum - Temp. Reso. #2979 b) Bonds for financing capital improvements to accommodate plans for wastewater treatment, establishing referendum question and date of referendum to be held sometime after March 13, 1984 election - Temp. Reso. #2980. SYNOPSIS OF ACTION: Action taken on 12/28/83 was rescinded. Staff was authorized to prepare the necessary Resolutions, to negotiate with bond counsel and financial advisors and bring recommendations to Council. Mayor Falck: (Read the above title into the record). We'll take #2979, Mr. Henning. Jon Henning: Mr. Mayor, before I read any Resolutions, let me make an explanatory note here. Mayor Falck: All right. Jon Henning: Let me pass out for the Council some proposed motions that might be appropriate at the conclusion of the discussion. We have had extensive discussions with staff trying to establish the direction that we're going in and we need some direction from Council before we can do any Resolutions. You will recall at the last meeting there was a vote on the b) item, that there should be municipal bonds considered for the wastewater capital improvements sometime later than the March, 1984 election. This is something that, perhaps, could be reconsidered and thought about as Mr. Ruf discusses it with you. We do want to move forward and I think that if we can just put the issues out in front of you to discuss then you can direct the staff as to what action you wish us to take which may be consistent with these recommendations I have handed to you or may be otherwise. I think we can call on Mr. Ruf if he wants to address you. - 2 -• 1/3/84 /pm Alan Ruf: Mr. Mayor and members of Council, last week we made a recommendation that the 201 referendum be placed at sometime after the General City Election on March 13th. There has been considerable discussion among staff members since that recommendation and there have been discussions with the Consulting Engineers about the timing of the election. It would appear at this time that we would recommend that both the 201 referendum for the issuance of revenue bonds for the implementation of the expansion of the wastewater system and the bonds for the construction of a municipal complex be put before the people at the General Election on March 13th. I'd be happy to answer any questions that members of Council might have about the rationale that staff has but it is our recommendation now that that is the route that you elect to take with respect to the referendum. C/M Krantz: Alan, would you say that time is of the essence now? Alan Ruf: I believe that time is very important. We have now been advised that our application for Federal funding must be in by February 15th and the time seems to be moving ... they seem to be moving the time up with respect to grants and I think that the earlier we're in a position to indicate to the Federal State authorities that we are in a position to go forward, the better off we'll be with respect to the 201 bond. V/M Massaro: If I may, Mayor? Mayor Falck: Yes, Vice Mayor. V/M Massaro: If the petition for the bond has...for the grant has to be in by Feb- ruary 15th there's hardly even time...we have to really work hard to get it in by then. Mr. Mayor, I'd like to MOVE to reconsider the vote on Item 19 b) and to readdress the date of the referendum on the issue of municipal bonds for capital improvements for wastewater treatment. Mayor Falck: O.K., is there a SECOND to the MOTION? C/M Krantz: I would SECOND that. Mayor Falck: We have a MOTION, we have a SECOND, discussion on the MOTION, call the question, please. Carol Evans: C/M Stelzer Aye C/M Krantz Aye C/M Kravitz Aye V/M Massaro Aye Mayor Falck Aye Mayor Falck: Now, we're addressing the new proposal. Jon Henning: Yes, the proposal is if Council is in agreement, staff is willing to do what is necessary to set up the requirements for the referendum to be in March. That will be for both bond issues, the a) and b) items, the City Hall, Police Station complex and for the wastewater expansion, capital improvements. What we're suggesting at this point is that both of these items be on the March 13 election and, obviously, what we're going towards is the Resolution which I keep asking to put off. It is Item 19 a) and b). The Resolution establishing the question and establishing the.date. I think we're now prepared to write a Resolution to establish the date with your approval and we also need to contact bond counsel and financial advisors to assist us with any technicalities in that bond question and any technicalities with the election so that there will be no problems later on down the road when the bonds are to be issued. What we're suggesting is that if you are in agreement that this should be on the March 13th election, that you so MOVE and that you authorize us to at least gather information and negotiate with some of these experts and come back to you for either approval to appoint or if you want to meet somebody or talk to any of these people that that can be brought to you. We would like to at least be the front runners to gather the information and negotiate the terms so that we can expedite this matter. C/M Kravitz: Mr. Mayor. Mayor Falck: Yes, sir. C/M Kravitz: I would like to MOVE that the City Council authorize and direct the City staff to prepare the necessary Resolutions setting the referendum for bonds at the March 13, 1984, to negotiate with bond counsel and financial advisors, and to bring the recommendations to the City Council for appointment. V/M Massaro: Mr. Mayor. - 3 - 1/3/84 /pm Mayor Falck: Yes, m'am. V/M Massaro: I would SECOND that MOTION but I would like to include into the MOTION that the City be required to prepare information on both the utility bonding and the City Hall complex bonding and enough that they can be distributed throughout the City and we'll have no problem with getting people to distribute them. But, I think it''s worthwhile to have the City Manager and the City Attorney together with yourself prepare the backup for the people so that they thoroughly comprehend exactly what we're trying to do and I think it would be very, very meaningful and that it be part of the MOTION that we do this. C/M Krantz: How would you propose the distribution, flyer or letters or what? V/M Massaro: Flyers that would be printed up so that we could...and have people in the various sections... they'll be happy to distribute them...I know I can get them distributed. C/M Stelzer: Mr. Mayor. Mayor Falck: Yes, sir, C/M Stelzer. C/M Stelzer: Don't you think it might be more advisable to let the post office handle it on its carrier sort with the address of each residence, rather than go to individuals? V/M Massaro: It's all right with me. C/M Stelzer: You might just as well spend the money and make sure that everybody in the City gets a copy of this. V/M Massaro: That would be fine, I just would ... I only would like to see every home in the City get the proper information. I think we would still be doing what we tried to do at the other meeting is to inform the people properly. Alan Ruf: Mr. Mayer, I wanted to make one other observation which I think may be appropriate in your MOTION, C/M Kravitz. Staff is going to recommend that with respect to the bond issue for the municipal complex, that there be a 'bifurcated vote, that one issue would be whether or not 7.5 million dollars worth of general obligation bonds should be issued for the construction. Alan Ruf: I guess it wouldn't be 7.5 it would be up to 7.5 and the second issue would be the siting of the municipal complex. We have had some discussions about the referendum that was held in 1974,that apparently, the people voted to put a City Hall complex at the Commercial Blvd. and 88th location and it was our feeling that we should, as a second issue, ask whether or not the people approve the construction of the municipal site at the McNab Rd. and 88th, just north of McNab Rd. and 88th, and thereby rescinding whatever action it may have taken as a community in the 1974 election. C/M Stelzer: You mean to split it up so that they vote,"yes, we want a community... a municipal complex"and b) they give the location then. Alan Ruf: Yes. The answer to your question is yes. We haven't prepared specifi- cally the way that would be presented and we would hope that we could get some help from bond counsel on that but, basically, that's our thought. C/M Krantz: Alan, wouldn't we have to rescind the 74 Resolution first? Alan Ruf: No, we would hope that we would be able to frame the question so that if the majority of the electors of the City of Tamarac wished it to be located near the fire station, that that vote would in effect rescind or cancel the vote that was taken in 1974. C/M Krantz: O.K. Alan Ruf: We believe we'll be able to structure a question that will accomplish that. Mayor Falck: How are you going to propose that the people be informed about all the details relating to the changes that have occurred since that issue? V/M Massaro: I thought in the memorandum that I'm discussing, Mayor. I thought if we prepare it properly and get it to every home they'll have a chance to sit down and read it. - 4 - 1/3/84 /pm Audience: Can't hear you, Helen. V/M Massaro: O.K., can you hear now? So that, if memorandum went out to each home where they can sit down and read it that we could include in that anything that you need to in order to advise the people exactly what you're trying to accomplish. I don't know otherwise how you're going to let them know because in the PIC circulars too many people don't ever get to see them. They do a good job but many people, many do not go to the clubhouses and those that do go don't stop to read them if it's on the bulletin, you know. This is something that should be prepared so they can digest it properly at home. Alan Ruf: It may very well be that the City Manager would like to respond to this but in making these recommendations to Council we have taken into consideration the interpretation and the educational process that needs to go forward. I might also add, Mayor, that I am preparing and will have, hopefully, by next week at this time, a further memorandum with respect to the land use on Tract 38A. Mayor Falck: O.K. Any other discussion? C/M Stelzer; Would you also indicate in your memorandum, since you're going to be involved in it, the grants that we're going to get possibly on the 201? V/M Massaro: I didn't expect to be involved in it because... C/M Stelzer: No, no, I mean you mentioned it... it's your MOTION. V/M Massaro: I thought that they should, yes, certainly. And I think...I thought the Mayor and the Attorneys and the City Manager, together with probably our Consulting Engineer would prepare this so that all of the facts could be given to the people. Mayor Falck: Mr. Stein. Sydney Stein: Mr. Mayor, Sydney Stein, Mr. Mayor and members of the Council. The Charter Board has pledged i.ts support and will go to every rec hall, every section that will let it go to explain, either from the memorandum prepared by staff or wh,itever facts we have and explain and try to educate them as to the mechanics of both this and the other. Charter Amendments. Of course, but especially, I have indicated to staff that we would be doina this and that we would be happy to serve that purpose to the community and explain the purpose and the reasoning behind it. Mayor Falck: Thank you. Yes. Ray Munitz: Ray Munitz, a point of information. Alan, I guess it would be to you. Is it your intention or staff's intention in the wording to say "I am in favor of the municipal complex --yes or no --I prefer it at this location or that location? Just what is it that you have in mind? Alan Ruf: Our recommendation at this point which will have to be finalized at some later meeting of Council, at this,moment, our thinking is that it would be two questions. Number One, should we spend up to ... should we issue bonds up to 7.5 million for the 'construction of a municipal complex? :-Questi-on Number Two... V/M Massaro; And a Police Station. Alan Ruf: And a Police Station, I'm and the second issue would be should north of McNab Rd. on 88th. Ray Munitz: Or? C/M Stelzer: Or? sorry, I ... it's all inclusive when I say... that municipal complex be placed at the site Ray Munitz: We mean, if you're going to give the alternatives available, it may very well... Alan Ruf: It may very well end up to be three questions but this is something that's still under consideration. Laura Stuurmans: Very much of that decision rests upon information that we obtain when we speak to the bond counsel and how the language of the question should be structured in order to be validated down the road. Our thought is to provide the choice. - 5 - 1/3/84 /pm Jon Henning: The first point, if I might jump in is that we would like to get across the point that the ... at least the staff believes and we feel that the community agrees that there's a need for a new City Hall and a need for a new Police Station. And we would like to offer an alternative on ballot that is legal that has opened the possibility of no City Hall or a Police Station, the possibility of if a City Hall and Police Station on 88th or on Commercial Blvd.? Ray Munitz: Thank you. Jon Henning: All of those alternatives would be available but we have to word it in such a way that it would have the approval of our bond counsel. Mayor Falck: Miss Beech. Vicki Beech: Thank you. Vicki Beech, Concerned Citizens, Chairman of the Legislative Committee. A question directed to Mr. Henning through the Chair, if I may, please. In this particular issue on the 19th a) and b), you are going to go to referendum to the people to be able to have their choice on the site, am I correct? Jon Henning: Yes. Vicki Beech: But you're not going to give them a choice on the bond, in other words that will not go to referendum, the other issue... Jon Henning; No, no, no, that's not true. I'm not sure I understand what you're saying but I think the answer is no. Vicki Beech: Well, the amendment, no, I'm talking about the amendment that was presented that you had on your first reading and discussion the last time, that it's to be put on the ballot, that is to raise ... have a bond issue but not to have a referendum. Jon Henning: Well, that item that you're referring to was a proposed Charter Amendment, Council had had first reading and second reading is set for around January 25th. It's not on the agenda for today. If the amendment were to pass it may —it might affect the b) item, 19 b). But, we haven't discussed that yet and first let me give you a couple of thoughts on this. If this goes on the March election instead of later than March as was discussed at an earlier meeting, than it would have no bearing on this point. That's alternative Number One. If You want to call it an advantage to your point of thinking or just a factor. If it goes on the March election instead of after March it has no bearing on the floating of these bonds on Item 19. They have to be on referendum. But we have not had second reading yet and that may not be pursued or it may be delayed or... Vicki Beech: I would say that in the opinion of our organization, and also as a resident of this community for a number of years, that any issue as important as the spending of all these funds should be given to the electorate so that they can have a voice in where the money is going to go. Thank you very much. Laura Stuurmans: Vicki, excuse me, do you understand that both bond questions at this point are slated to be on the March 13th ballot? There is a question because, of course, it's contingent upon the second reading and public hearing as to whether or not that Charter amendment, which would affect subsequent revenue bond issuances will be on the March 13th ballot. Vicki Beech: I understood that. I was just voicing my sentiments with what the feeling is and since we're discussing this at this particular time I felt that it was appropriate to apprise you of what our thoughts were. Thank you, very much. Mayor Falck: Miss Norian, you wanted to say something? Alice Norian: Yes, I did. Mayor Falck: And I'll take Mr. Newman and then I'm going to close off the discussion. Alice Norian: Alice Norian, citizen. I'm trying to clear up a few thoughts in my mind, Mayor and Council, that I'm not quite sure of and I'd like to address you people as well as Council. The proposition at this time has to do with a bond issue for election date March 13th by referendum. Then my next question has to do with the site situation. Are you giving the people,by your action at this time, I'm not sure, the privilege to vote as to where they want it? Does anybody know that? 6 - 1/3/84 /pm Jon Henning: I'll repeat what I said earlier. There will be three alternatives on the election, on the ballot. Alternative One i's no City Hall or Police Station. Alternative Two would be a City Hall and Police Station on Pine Island, 88th up the street. Alternative Three would be a similar complex on Commercial Blvd. Those are the three alternatives. Alice Norian: All right. Thank you. Now my next question ... and that's what you're proposing at this time, those three. Now, my next question is with this recommenda- tion for literature to inform the people and distribute throughout the City, which I appreciate, giving facts. And I like to emphasize the word "facts" by way of information is not what Orwell's 1984 suggests is happening, or would happen in 1984. Ironically, March 13th, Friday. Where anyone is trying to give information to persuade the kind of thinking without devoiding itself of facts and relying upon the intelligence of freedom thinking people to vote freely. I want information, I want information by way of facts. But I don't want anything by way of any governmental organization or group, Charter Board, Council or anyone to try to tell people information as to how they should vote for any various reasons that people may have. However, if you give people the facts and allow them to decide and think for themselves on both issues, both sides, if there are questions on both sides, let's be honest and fair about it. This is what I'd like to call to your attention. My question is, would the information that's being prepared permit various people from various areas to contribute information that would help. Not by way of influencing people to vote this way or that, cause I don't think there ought to be that kind of government where, as Dr. James Kennedy just said this Sunday, "Where government being a fearful master to take away our freedoms". Just this Sunday. Mayor Falck: Mr. Newman. Harold Newman: Harold H. Newman, President of Westwood 23. My question is very similar to what Miss Norian said only I'll make it very, very brief. The suggestion of sending out the literature on this question of 21 million dollars worth of referendums... that is, would be, as you said Miss Massaro, would be mind -boggling to the general public. It wasn't indicated as to who is going to prepare...will that... V/M Massaro: I did indicate who would prepare it. I sure did. I suggested the Mayor, the City Manager, our City Attorneys and our Consulting Engineer. Harold Newman: Oh, o.k., fine, maybe I overlooked it. Thank you, very much. Mayor Falck: You're welcome. Council, I think We've covered the field on this. Do you want to take action on this? We have several alternatives here as outlined by the City Attorney. We do have a MOTION, we do have a SECOND. V/M Massaro: Mayor, I just want to ask if the maker of the MOTION will accept my amendment to it to include the distribution of the information. Mayor Falck: I think he made the MOTION, I think you SECONDED it. V/M Massaro: I SECONDED with the amendment. C/M Kravitz: I accept. Mayor Falck: O.K. V/M Massaro: Thank you. Mayor Falck: Further discussion by the Council. Call the question please. Carol Evans: C/M Stelzer Aye C/M Krantz Aye C/M Kravitz Aye V/M Massaro Aye Mayor Falck Aye - 7 - 1/3/84 /pm GENERAL ADMINISTRATIVE/FINANCIAL 49. TUW - Emergency Purchase - Replacement Drive Unit - Dis- cussion and possible action. SYNOPSIS OF ACTION: Agendized by Consent. See Page 10). V/M Massaro MOVED to Agendize by Consent discussion and possible action concerning a replacement drive unit as a non-competitive supply to be considered as an emergency situation because only one softening unit remains in service, SECONDED by C/M Krantz. VOTE: ALL. VOTED AYE 50. Fish Bowl - Transfer of Special Exception for Beer and Wine - Tem Reso. #2981 - Discussion and possible action. SYNOPSIS OF ACTION: Agendized by Consent. See Pages 11 & 12). V/M Massaro MOVED to Agendize by Consent discussion and possible action concerning the transfer of special exception for sale of beer and wine at the Fish Bowl Restaurant, SECONDED by C/M Kravitz. C/M Stelzer said he was asked to review the Council's procedures concerning Agendizing Items by Consent and acting on them at Council meetings and he asked Mr. Henning's opinion. Mr. Henning said there are three alternatives Council has: 1. to follow the tradition, for which there is a precedent, and to Agendize the Item by Consent and take action on it. 2. as it is an emergency Item, which has been proven, there is a precedent to move forward on this. 3. Council could Agendize this by Consent, a Special Meeting could be announced with 12 hours notice and action could be taken at that time. Mayor Falck ruled that since the City Attorney has indicated that Council could hear this and take action on it, the procedure can then be reviewed and whatever determination should be made at a later meeting. h[IX" COMMUNITY DEVELOPMENT ALL VOTED AYE 26. Golfview Plaza - Temp_. Re -so. #2977 - Discussion and possible action to authorize execution of a Four -Party Agreement with Broward County, City of Fort Lauderdale and Executive Golf Apartments, Inc., regarding development of this project. SYNOPSIS OF ACTION: TABLED for more information. Mr. Henning read the Resolution by title. Joel Gustafson, repre- senting the applicant, Golfview Apartments, said the City of Fort Lauderdale is on the Agreement and they have executed this. He said Broward County and Mr. Broad have approved the Agreement as well. Fie said the question arose where the property is located in Fort Lauderdale and where they were in the Agreement. He said Fort Lauderdale and the County have approved the Agreement which states that neither the City of Fort Lauderdale nor the City of Tamarac can issue building permits to Mr. Broad for failing to meet the conditions of that Agreement or if the County notifies the cities that he has not paid money owed. Conversely, he said, any request on Mr. Broad's part to change the use or zoning from its present designation,of Industrial would.requ,ire payment of the additional impact- fees `i f - the' impact fees are higher. He said since the County does not issue building permits, they need the cooperation of the two municipalities in which the property is located. - 8 - 1/3/84 /pm Mayor Falck asked Alan Ruf, Consultant City Attorney, what affect this will have on the City's situation as it relates to the litigation that was concluded. Mr. Ruf said as far as he knows the Tape City is still litigating with Mr. Broad with respect to the access 2 that he would effect from his golf course between two residences over in Lakes South subdivision. Mayor Falck asked where the City stands with regard to other litigation as it relates to the signing of the easement and giving away the drainage rights over there? Mr. Ruf said there is no litigation at this time with respect to that, this is the litigation that the City won. He said the litigation pending concerns the two homes Mr. Broad attempted to come between by using a 20' wide easement and this area is west of their clubhouse. Mr. Ruf said the 26th Terrace litigation has been concluded and Mr. Broad has asked for access to that lake and, as far as he knows, the City has not allowed him this even though the Mainten- ance Association granted him the use of it. There is a bifurcated situation in that section where the Home Owners Association and the Maintenance Association are separate. Mr. Henning asked Mr. Gustafson to put on the record the exact location of this and Mr. Gustafson said the Golf Plaza is located on the northwest corner of 21 Ave. and Prospect Road and has as its northern perimeter the large canal. Mr. Gustafson said this is an industrial piece of property and this Agreement is to protect the Industrial designation. He said at one time Mr. Broad petitioned the City for a chanae in zoning and this was Denied. This Agreement states that if he should make such a petition again and it is granted, the County is to be_.._notified_s_o that he pays those increased impact fees and he develops it consistent with what this Agreement states today. Mr. Henning asked how much Impact Fees he has paid or was assessed by the County for this Industrial property and Mr. Gustafson said the Impact Fee is $2,200 but they are extracting approximately $21,000 for the cost of construction of the additional laneage on 21st Avenue between the bridge over the canal and its actual intersection with Prospect Road. He said the developer will be required to construct two lanes on NW 21 Avenue at the estimated cost of $22,000 and this improvement is credited against a road Impact Fee; however, the road Impact Fee for Golfview Plaza is $2,172.55. He said the County interpreted that if someone has a parcel of land within 4 miles of another developer, they have to put a road improvement in and the developer can receive credit for that improvement. He said they will use some of that against the Golf Tam Village Plat which is a parcel of land that has been platted on the golf course. Mr. Henning said Mr. Broad has to pay $22,000 in cash to the County and the County will build a road with those dollars and Mr. Gustafson said this is correct. Mayor Falck asked where they will build the road and Mr. Gustafson said the Trafficways Plan shows 106 feet of right -of --way for 21st Avenue. They now have four lanes existing at that intersection of 21st and Prospect heading south and it is uncertain when the County will build this road. Mayor Falck asked what they are going to do on the plat that is adjacent to the golf course and Mr. Gustafson said this is the Executive Golf Apartments area. Mayor Falck expressed his concern for the residents in that area if 60% of this land area is covered. V/M Massaro said she is concerned as well and there are too many unanswered questions concerning this. She MOVED that this Item be TABLED until there is more information, SECONDED by C/M Stelzer. C/M Stelzer asked if this four -party Agreement is of any benefit to the City and Mayor Falck said in his opinion it is only of benefit to Mr. Broad and, perhaps, the County. VOTE: ALL VOTED AYE Mayor Falck suggested Mr. Henning meet with Mr. Gustafson and clarify this further. - 9 - 1/3/84 /pm GENERAL ADMINISTRATIVE/FINANCIAL 5. Kiry_at Tivon - Temp. Reso. #2969 - Discussion and possible action to authorize the appropriate City officials to execute a Sister -City Agreement. SYNOPSIS OF ACTION: APPROVED. RESOLUTION NO._.R-84-_o2 PASSED. Mr. Henning read the Resolution by title and Mayor Falck said this Resolution places in writing what Tamarac has been doing for the last year and a half and does not commit the City to anything except to developing a relationship of friendship with Kiryat Tivon. He said this does contain a provision that can be dis- continued at any time with notification by one party or the other. He said that he and Robert Shurr have spent much time on this and they indicated they would send the City a document in October, this was received, reviewed and modified. C/M Kravitz asked if there were any expenditures involved and Mayor Falck said no. C/M Krantz MOVED APPROVAL of Temp. Reso. #2969, SECONDED by C/M Kravitz. Shirley Blumfield, resident, commended Council for their efforts in public relations with Kiryat Tivon. Bob Shurr, Commissioner of .Human Relations, thanked Council for their endorsement of this Sister -City Agreement. VOTE: ALL VOTED AYE 49. TUW - Emergency Purchase - Replacement Drive Unit - Discussion and possible action. SYNOPSIS OF ACTION: Agendized by Consent. See Page 8). TABLED to the 1/11/84 meetin4. V/M Massaro said she was concerned because in 1978, the City did the same thing at a cost of $3,440. Laura Stuurmans said TUI _ -did this but it was under their auspices. V/M Massaro said this should be reviewed further and she asked the City Manager if this could wait until the next Regular Meeting. City Manager Stuurmans said there is a recommendation from the City Engineer to hold this Item until the 1/11/84 meeting and she concurred with this. C/Mltavitz MOVED to TABLE this Item to the 1/11/84 meeting, SECONDED by V/M Massaro. VOTE: ALL VOTED AYE COMMUNITY DEVELOPMENT 29. Woodmont Street Designations - Temp. Reso. #2978 - Discussion and possible action to authorize Broward County to install street signs with dual name designations on certain streets. SYNOPSIS OF ACTION: APPROVED. RESOLUTION NO. R-84 PASSED. Mr. Henning read the Resolution by title and the City Manager said this request from',the Woodmont Homeowners Association was reviewed previously in September or October. She said request was made with Broward County Traffic Engineering for placement of these dual designation signs, three of them, those referring to a change from an 80th designation to a dual designation of 80th and an Oak designation. She said there is one new one and that would be a change of 86 Terrace to Atrium Drive. She said the Post Office has no concern about this and they do not mind as long as name sign remains subordinate to the numeric sign. She said this is simply an authorization for the County to proceed and install the dual designation signs. - 10 - 1/3/84 /pm L J . V/M Massaro MOVED APPROVAL of Temp. Reso. Kravitz. VOTE: ALL VOTED AYE #2978, SECONDED by C/M 30. Family Mart - Performance Bond - Status report by the City Engineer concerning a performance bond posted for correction of deficiencies. Discussion and possible action. SYNOPSIS OF ACTION: TABLED for proper information. The City Manager said she spoke with the City Engineer who said that while there are certain things that were on the site plan as approved by Council, the owner has not completed these and the owner is still requesting release of the bond. She said the owner has been notified by the Engineering Department that if he does not want to make those improvements, he would have to revise the site plan and until such time the bond remains in effect. Mayor Falck said this should be considered after the City Engineer has had an opportunity to speak with Barry Eden concerning this. V/M Massaro MOVED to TABLE any action on the release of the Performance Bond, SECONDED by C/M Krantz. VOTE: ALL VOTED AYE 34. Bishop Tracts - Discussion and possible action on: a) Tract 26 (located on the west side of NW 88 Avenue, south of NW 81 Street). 1) Development Order - Temp. R_e_s_o_.#_2941 2) Plat - Temp. Reso. #2934 �T 3) Development Review Agreement 4) Development Agreement - Temp. Reso. #2935 b) Tract 31 (_located on the west side of NW 88 Avenue, north and west of NW 77 Street). 1) Development Order - Temp. Reso. #2942 2) Plat - Temp. Reso. #2939 3) Development Review Agreement 4) Development Agreement - Temp. Reso. #2940 SYNOPSIS OF ACTION: TABLED Mr. Henning said at the last meeting Council requested he have a meeting with Mr. Lira concerning this. He said he was scheduled to meet with him on 12/29/83; however, Mr. Lira was ill and cancelled this appointment and they have not met since then. V/M Massaro said Mr. Lira has made no attempt to discuss the Development Agreement with the City Attorney and she MOVED that this entire Item be TABLED, SECONDED by C/M Kravitz. VOTE: ALL VOTED AYE 50. Fish Bowl - Transfer of Special�ExceLtion for Beer and Wine - Teig. Reso. #2981 - Discus _ W lion and possible action. SYNOPSIS OF ACTION: Agendized by Consent. RESOLUTION NO. R-84 (p PASSED See Page 81. APPROVED as amended. V/M Massaro said when Queen of the Sea, Inc. was at this location doing business as Fish Bowl Restaurant, they had entered into an Agreement with the City to pay a $5,000 fee toward the Traffic Light program of the City. She said they were going to pay $400 a month which they failed to do after the initial payment of $400. She said when the new owner came in requesting an occupational license transferred into their name, they could not do it because they were in default. Mr. John Castellano, President of Fish Kettle, Inc. said he was not aware of this Agreement and V/M Massaro suggested he give the City $1,000 and his Agreement to pay 400 per month on the balance until paid in full. 1/3/84 /pm A � r � V/M Massaro asked if this were acceptable with Council and Mr. Henning said this could either be handled by a separate agreement or Mr. Castellano could agree to the Resolution after approval. Mr. Henning said he could amend the Resolution as a basis for an Agreement amending on Page 1, in the title, "American Restaurant Management, Inc." to "Fish Kettle, Inc." and making the same changes on Lines 12 and 18. V/M Massaro MOVED APPROVAL of Temp. Reso. #2981 as amended, and that the appropriate person sign this, SECONDED by C/M Krantz. ALL VOTED AYE 38. Woodmont Tract 59 - Performance Bond - Temp. Reso. #2952 - Discussion and possible action to call a performance bond posted for public improvements (tabled from 12/14/83). SYNOPSIS OF ACTION: APPROVED subject to receipt of a warranty bond. RESOLUTION NO. PASSED. Mr. Henning read the Resolution by title and V/M Massaro said the work has been completed and she MOVED the release of the performance bond subject to receipt of a warranty bond, SECONDED by C/M Krantz. ,!nTF ALL VOTED AYE Tape 39. Colony West County Club - Discussion and possible action on: 3 b Traffic Light Agreement (tabled from 12/14/83). SYNOPSIS OF ACTION: TABLED until after the 1/25/84 meeting. V/M Massaro said she had some discussion with people from Colony West Country Club and they are waiting for the Ordinance that will be passed at the meeting of 1/25/84. She suggested action be TABLED on this until after the meeting of 1/25/84, and C/M Krantz so MOVED, SECONDED by V/M Massaro. VOTE: ALL VOTED AYE 42. Drainage Improvements_ in the Cit action. - -- v SYNOPSIS OF ACTION: No Discussion. No discussion. BOARDS AND COMMITTEES - Discussion and possible 2. Recreation Board - Temp. Reso_. #2890 - Discussion and possible action to appoint one member to this board (tabled from 11/9/83). SYNOPSIS OF ACTION: APPROVED RESOLUTION NO. R-_8.4-... j PASSED. appointing Kevin C. Duffy to this committee for a term to expire 5/11/84. Mr. Henning read the Resolution by title and C/M Kravitz said after discussion with the Parks and Recreation Director, he would like to place in nomination Kevin C. Duffy. C/M Krantz nominated Linda Thissen for this position. C/M Stelzer asked if Mr. Duffy was suggested by the Recreation Director and C/M Kravitz said yes. C/M Krantz said under those conditions he would withdraw his nomination of Linda Thissen. C/M Kravitz MOVED APPROVAL of Temp_. Reso. #2890 appointing Kevin C. Duffy to this committee for a term to expire 5/11/84, SECONDED by C/M Krantz. VOTE: ALL VOTED AYE - 12 - 1/3/84 /pm L - 1 3. Investment Advisory Committee - Announcement of vacancies on this committee. SYNOPSIS OF ACTION: Announcement was made of 2 vacancies on this committee. Mayor Falck announced to those present that there are 2 vacancies on this committee and anyone interested is to make application to the City Clerk's Department. GENERAL ADMINISTRATIVE/FINANCIAL 6. Investment Committee Report/Recommendations - Discussion and possible action. SYNOPSIS OF ACTION:. Report by Mayor Falck. Mayor Falck said the committee at this time consists of Seymour Polster, Ray Munitz and Leo Platz and there are 2 vacancies which were just announced. He said at the last meeting they covered the current investment availabilities for January and February and this committee, together with the Finance Department, reviewed the list of approvals for giving quotes to the City. At that time, they agreed to add two firms to the list that would be called when there were availabilities. He said the committee participated in and contributed to the ultimate decisions made as far as handling the pension investments. 7. Pension Fund Investment - Temp___Reso. #2975 -- Discussion and possible action to designate an agent. SYNOPSIS OF ACTION: APPROVED RESOLUTION NO.R-84-PASSED. designating the Investment Counsel Co. as Investment Advisor with an effective date of 12/30/83. Mr. Henning read the Resolution by title and Mayor Falck said this was discussed at the regular meeting of the Investment Committee and it was indicated that they would be considering this Resolution to appoint the Investment Counsel Co. as Investment Advisor. He said this would have an effective date of 12/30/83. C/M Kravitz MOVED APPROVAL of Te_p_.__Reso. #2975 with an effective date of 12/30/83, SECONDED by C/M Krantz. VOTE: ALL VOTED AYE 10. Broward_ League of Cities Business - Discussion and possible action. SYNOPSIS OF ACTION: Reports were given by Mayor Falck and C/M Kravitz. Mayor Falck said he received Minutes of the last Board meeting that was held at Plantation City Hall and he sent these on to Council for review. C/M Kravitz said he has received these Minutes dated 12/l/83, and Mayor Falck was appointed to a 3 year term on the South Florida Regional Planning Council effective l/l/84. He said Mayor Falck also gave a Priority Committee Report which was taken up and the recommend- ations are expected to be discussed at the 1/5/84 meeting. C/M Kravitz said one of the things discussed that affects Tamarac was the Solid Waste Resource Recovery Project and a report should be given to Council soon. He said the Legislative Committee has copies of the 1984 policies which will be available by 1/30/84. He said the next Board meeting is scheduled to be held Thursday, 1/5/84 in the Tamarac City Hall Council Chambers at 12:00 P.M. - 13 - 1/3/84 /pm COMMUNITY DEVELOPMENT 13. Temp_orary Model, Sales and Administrative Uses - Temp. Ord. #1068 Discussion and possible T - action to amend Section 28-216 of the Code to include specific requirements for permitting the construction of temporary commercial enter- prises located in commercially zoned parcels of land. Second Reading. (Public Hearing held 12/28/83). SYNOPSIS OF ACTION: APPROVED on ORDINANCE NO.. 0-84_-_ second and final reading as amended. PASSED. Mr. Henning read the Ordinance by title and said to review this Item, there is presently a provision for temporary uses either for model sales or administrative offices in residentially zoned developments under construction and this Ordinance basically says ___._commercial developments should have an opportunity to do the same thing. He said not only would this allow a temporary model or rental office on a shopping center construction site but this will allow a temporary beginning of a business such as a trailer for a bank, etc. He said this parallels the residential language for commercial use. He said on Page 5, Line 2, the language "of $2,000.00" should be removed, inserting the language "approved by the City Council". C/M Kravitz MOVED APPROVAL of Temp__,__ Ord. #1068 on second and final reading as amended, SECONDED by C/M Krantz.^ VOTE: LEGAL AFFAIRS ALL VOTED AYE 20. Proposed Facility for Public Works Department - Discussion and possible action. Tabled from 2/9/83 . SYNOPSIS OF ACTION: REMOVED from the agenda to be considered at the appropriate time. Mayor Falck said this was placed on the agenda for removal from the agenda that the City Clerk maintains for Council's review of Items at the Pre Agenda Meetings. C/M Kravitz MOVED to REMOVE this Item from the agenda to be considered at the appropriate time, SECONDED by V/M Massaro. VOTE: ALL VOTED AYE 21. Capital Improvement Expenditures from Recreation Fund - Legal opinion from the City Attorney.Discussion and possible action. SYNOPSIS OF ACTION: The City Attorney gave his legal opinion. Jon Henning said he had been asked whether or not Council could authorize expenditures in excess of 2-1/2% of the General Fund, to be taken from the Recreation Fund, without approval by referendum and still be in conformance with the Charter and his answer was no. 22. Swales - Temp. Ord. #1086 - Discussion and possible action to amend Ordinance 83-37 and Chapter 23 of the Code regarding placement of certain objects within this area. First Reading. SYNOPSIS OF ACTION: APPROVED on first reading with the understanding that the City Attorney will review the sidewalk issue mentioned in this area. - 14 - 1/3/84 /pm Mr. Henning read the Ordinance by title and the City Manager said at the time this was previously discussed by Council there was some reference made to above -the -ground sprinkler systems being a prohibited placement and this has been embraced within this amend- ment to the Ordinance. She said there is a deletion reflected in the Amendment which clarifies the existing language, this change in the language will read as follows:"Prohibited Placement - The placement and maintenance of shrubbery, above -the -ground sprinkler systems, mailboxes, signs, tree trimmings, refuse, concrete blocks, coral rocks, pyramid shaped cement curb stones or any other sharp edged or pointed organic or non -organic or poisonous material which could cause a road or traffic hazard or injury to pedestrians on the swale area adjacent to the public right-of-way within the ten foot area measured from the edge of the paved surface of the vehicular right-of-way is prohibited". She said within the Code this Article continues with an area for exceptions, within the body of the exceptions is the addressing of mailboxes. She said the laws that exist now allow for property owners to place mail- boxes in the unpaved public right-of-way when such placement is a- rere u i s i to �o ma 7 j__ 1 __ — _-. P q delivery to the .r_. property:-- _.._.__._ City Manager Stuurmans said approval of this Ordinance would enable the Code Enforcement and City Administrators to specifically address sharp edged objects stipulated there. She said this law does not address anything that might be round or smooth, buttons or mushroom caps, etc. She said the City does not permit nor do they prohibit smooth, round objects in the swale areas. V/M Massaro asked if this would affect sidewalks because there are many areas where people plant sharp plants• She requested this be considered before second reading. C/M Kravitz asked if bus shelters were addressed in this Ordinance and the City Manager said within the exceptions, one of the items listed as"agents of the City, utilities with easements... the prohibitions against placing or maintaining any object or material in the public right-of-way shall not apply to the City or its authorized agents. nor shall they apply to franchised public utilities operating within the scope of the easement franchise". She said the Broward County Transit Authority places those bus shelters as an agent of govern- ment after spotting them with the City. V/M Massaro MOVED APPROVAL of Temp. Ord. #1086 on first reading with the understanding that the City Attorney will look into the sidewalk issue mentioned, SECONDED by C/M Kravitz. Max Blum, resident, said he was notified to remove the mushroom caps from the front of his property and he knows of only one other person that was notified to do this. He said he was told when this Ordinance was originally passed in September, that this would be effective immediately, yet he knows of no enforcement of this. He questioned why this Ordinance was passed when it will be so difficult to enforce-. V/M Massaro said this is not effective yet because this Tape is only the first reading today. Mr. Blum asked why he was not 4 informed be could put those mushroom caps back and Mr. Henning said this has b?en pending the action on this Ordinance. The City Manager said -the purpose of the legislation in front of Council today is primarily to answer the complaints raised by residents when they had to remove the mushroom caps. She said because it is not addressed it gives them an allowance without imposing a responsibility or liability. VOTE: ALL VOTED AYE 23. Bonding Requirements for Off -Site I rovements - Temp. Ord. 7811 - Discussion and possible action. (Public Hearing held 10/22/80) (tabled from 11/30/81). SYNOPSIS OF ACTION: DENIED on second and final reading. - 15 - 1/3/84 / pm Mr. Henning read the Ordinance by title and the City Manager said she inquired of the City Engineer as to the status of this and he responded that since 1981 there has been a loss of tracking in this and he said this is not required and might, in fact, create more confusion in the bonding requirements. She said she would recommend that the Item be Denied on second reading. C/M Kravitz MOVED to DENY Temp. Ord. #811 on second reading, SECONDED by C/M Krantz. VOTE: ALL VOTED AYE RFPORTS 43. City Coun_ci l Reports - C/M Krantz - No report. C/M Kravitz said the Welcoming Committee will meet with new residents on 1/25/84 and he requested Council members be available if possible. C/M Stelzer said there will be a meeting tomorrow morning with Dick Stackhouse, the owner of Sabal Palm Country Club,,and the City Engineer to discuss the possibility of using his golf course for the City's spray irrigation system for the distribution of effluent. He said he researched the feasibility of having the City collect the waste paper in areas of the City which do not have regular paper pickup. He said the Public Works Director will seek up-to-date information from Boca Raton since they are already doing this. He said there is a program ready for the Medilog Identification Bracelets and the Council office will follow-up for the Sections in the City that have not responded. Mayor Falck - No report. V/M Massaro - No report. 44. City Manager Report - No report. 45. City Attorney_ Report - No report. Meeting was adjourned at 4:45 P.M. ATTEST: ASSISTANT CITY CLERK This public document was promulgated at a cost of $ Ao`f Kor per copy to inform the general public and public officers and about recent opinions and considerations by the City Council of Tamarac. Mir= $_ 57 employees of the City X �' '�� �a� ���AC CITY (. APPROV AT +"�LF� ;O CF City Clerk 1/3/84 / pm