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TAMARAC, FLORIDA 33320
5811 NORTHWEST 88TH AVENUE 0 TAMARAC, FLORIDA 33321
TELEPHONE (305) 722.5900
July 12, 1984
NOTICE OF
RECONVENED CITY COUNCIL MEETING
There will be a Reconvened City Council Meeting on.Monday, July
16, 1984 at 9:00 A.M. in the Council Chambers of City Hall,
5811 NW 88 Avenue, Tamarac, Florida.
The items remaining from the Council Agenda of July 11, 1984
to be considered are as follows:
14. Broward League of Cities Business - Discussion
and possible action.
15. Vacation of Utility Easement - Temp. Ord. #1120 -
Discussion 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).
16. Objects in 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 the swale area. Second
Reading. (Public Hearing held 1/25/84).
18. Employee Pension Plan -w 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.
34. Northwood II - Model Sales Facility - Discussion
and possible action to renew a model sales permit
and waiver of the 300-foot distance requirement for
certificates of occupancy.
35. Patio Homes at Fairmont -- Model Sales Facility -
Discussion and possible action to renew a model sales
permit.
38. Drainage Improvements in the City.- Discussion and
possible action.
39. City Council Reports
40. City Manager Report
41. City Attorney Report
The City Council may consider and act upon such other business
as may come before it.
The public is invited to attend.
Ca of A. Evans
Assistant City Clerk
Pursuant to5ection 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 such
purpose, he may need to ensure that a verbatim record includes
the testimony and evidence upon which the appeal is to be based.
J
CITY OF TAMARAC, FLORIDA
RECONVENED CITY COUNCIL MEETING
July 16, 1984
(from 7/11/84)
Tape CALL
TO ORDER: Mayor Kravitz. called ._th-e meetinq to order at 9:00
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 -- Temp. 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 whether 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
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7/16/84
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16. Objects in Swales - Temp. Ord. 41086 - 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 originally to take care of the sharp,concrete pyramid 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./16/84
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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:
first reading. The
will send a memo to
cerning the changes
APPROVED on
City Attorney
Council con -
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
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7/16/84
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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 City Manager 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.
REPORTS
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.
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/pm
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
Mu_nitz 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.
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/pm
i
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._Engineer ng 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.
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7/16/84
/pm
LEGAL AFFAIRS
42. Settlement of INA - 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-
pertyy.damage was an aggregate of $100,000 of all claims assessed
against --the City for property damage during that policy year.
He said -.here were 2 previous lawsuits that were settled under
that poi -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 for the 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
suing.__himsel f.
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7/16/84
/pm
Mr. Henning said the contractor agreed, through the
negotiations, to waive insurance requirements of the
and engineers and have his own insurance cover that.
Meeting was adjourned at 10:30 a.m.
contract
architects
Mimi-j. �� •�
.- .
This
//V, FDis public document was promulgated at a cost of $ or
$ per copy to infor-m the general public and public officers
and employees about recent opinions and considerations by the City
Council of the City of 'Tamarac.
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CITY OF TAMAK C
APP OVEO AT MEETING Of `� / 8 5V
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City Clerk