HomeMy WebLinkAbout1993-01-13 - City Commission Regular Meeting MinutesCity Council Regular Meeting
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CITY OF TAMARAC
CITY COUNCIL REGULAR MEETING
WEDNESDAY, JANUARY 13, 1993
CALL TO ORDER: Mayor Bender called the meeting to order on
Wednesday, J,;rtgary-13,,19.93 . at 7:00 P.M. in Council Chambers of
Tamarac City Hall, 7525 Northwest 88th Avenue, Tamarac, Florida.
PLEDam OF__ALLEGIANCE AND M=NJ QLX&UZATION: Mayor Bender
introduced Kristin Peduto, Student Mayor of Tamarac Elementary
School, and both called for the Pledge of Allegiance and a Moment
of Meditation.
Mayor H. Larry Bender
Vice Mayor Henry Schumann
Councilman Norman Abramowitz
Councilman Irving Katz
Councilman Joseph Schreiber
ALSO PRESENT
John P. Kelly, City Manager
Mitchell S. Kraft, City Attorney
Carol A. Evans, City Clerk
Phyllis Polikoff, Secretary
1. INTE_QDUQII by Mayor Bender of Kristin Peduto, Student
Mayor of Tamarac Elementary School.
SYNOPsJA_ E_AQZL4N
Mayor Bender introduced Kristin Peduto, Student Mayor of
Tamarac Elementary School.
Mayor Bender introduced Kristin Peduto and she was asked to
sit on the dais with the other Council members.
7. MQTION TO ADOPT ,T2=-_JJ2so,#6#6415 approving a revised site
plan and Water and Sewer Developers Agreement for GRANVILLE
project reflecting increased density with an additional 64
units, also creating eight 4-story buildings and additional
required parking. (located on the north end of the Kings
Point island, south of NW 80 Street)
REMOVED at request of City Manager Kelly due to failure to
pass fire -flow tests.
City Manager Kelly recommended Item 7 be removed because the
developer failed to pass the seven fire -flow tests.
C/M Abramowitz MOVED to REMOVE Item 7, SECONDED by C/M Schreiber.
VOTE: ALL VOTED AYE
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14. MOTION TO ADOPT Temp. Resd. Lfijll revising note on face
of plat of Melaur Office Building for Park Place
Therapeutic Center.
SX =SS OF ACTION: RESOLUTION R-93-6-PASSED
AGENDIZED by Consent
See Page 7 for Discussion
Mr. Kelly said the developer requested a Delegation Request for
Council to consider.
C/M Abramowitz MOVED to AGENDIZE BY CONSENT Temp. Reso. #6421,
SECONDED by C/M Schreiber.
VOTE: ALL VOTED AYE
2. PIMLIC LWICIPATION - Any member of the public may speak to
any issue which is not agendized for public hearing at this
meeting. Speakers will be limited to three minutes during
this item and at public hearings. There will be a thirty
(30) minute aggregate time limit for this item, and speakers
are encouraged to sign up in advance with the City Clerk
prior to their participation.
John Ledermen, President of the Tamarac Jaycees, expressed his
concerns for the City denying his request for a Proclamation
announcing JAYCEE'S WEEK, JANUARY 17, 1993 THROUGH JANUARY 23,
1993, THROUGHOUT THE STATE OF FLORIDA.
Mayor Bender stated he supported the JAYCEE's but disagreed with
Mr. Lederman's reasons for the denial. There was discussion about
the previous Carnival violations which ensued. C/M Abramowitz
agreed with Mayor Bender and asked the names of the State and
National Chairpersons and what happened to the $2,500 raised by
the previous Carnival. C/M Schreiber agreed the JAYCEES's were a
good organization.
Marvin Siedel, resident, voiced his thoughts about expanding the
size of the Library due to the City's growth. Mr. Kelly said he
would speak with Mr. Siedel on Thursday morning, January 14, 1993.
Joe Wexelbaum, resident of Woodmont, spoke about a security
problem and requested Council approve an eight -foot Cyclone fence.
Harold Newman, resident of Westwood 23, expressed his thoughts
about the City beautifying the medians in Westwood 23.
Terry Hobmeier, resident of Isles of Tamarac, voiced her
thoughts about FP&L's credit program, speed limit signs at
Kings Point, no Speed Limit signs and NO -PARKING ON RIGHT-OF-
WAY signs in the area of Clairmont to Northwest 108th
Terrace. She added ficus trees and bushes needed trimming on
the median from Northwest 'list Place to Northwest 108th
Terrace to McNab Road, anthills needed to be destroyed, a NO -
THROUGH sign was needed on Northwest 108th Terrace and
Northwest 71st Place, left -turn arrows needed repainting in
Scotty's shopping center and also on Rock Island Road to
Commercial Boulevard and letters were missing on the overhead
signs at the intersections of University Drive and Commercial
Boulevard and Pine Island Road and Commercial Boulevard.
City Council Regular Meeting
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3. Items listed under Consent Agenda, Item 3, are viewed to
be routine and the recommendation will be enacted by ONE
MOTION in the form listed below. If discussion is
desired, then the item(s) will be removed from the
Consent Agenda and will be considered separately.
City _Clark
a. MOTIQH_TO _APPROVR the minutes of the following City
Council meetings:
1. 10/28/92 - Regular Meeting
2. 11/30/92 - Special Meeting
3. 12/11/92 -- Special Meeting
SYNOPSIS OF ACTION
APPROVED 3.a.1., 3.a.2. and 3.a.3.
b. MQTION_TO_APPROVE renewal of a model sales permit,
waiver of the 300-foot distance requirement for
issuance of certificates of occupancy and
approval of fifteen (15) instead of twenty-two (22)
parking spaces for MALVERN Cluster B Building, Villas 4
to 8, for a six-month period from 2/12/93 to 8/12/93.
�' ; C•T •
FAUMUOILM01
C. MOTION TO APPROVE the attendance by the City Clerk
at the City Clerks Mini -institute in Orlando, Florida,
February 18-19, 1993.
SYNOPSIS4F ACTION:
APPROVED
or=unit"&vgjQ2MPnt
P
d. MQTIQN TO ADOPT Temp_ Rego_ f 6420 authorizing the
Tamarac Lions Club to conduct its Fifth Annual
Walk -A -Thou on Saturday, February 20, 1993, at 7:30
a.m., at the Tamarac Recreation Facility on University
Drive.
SYNOPSIS,QE_AQTION: RESOLUTION R-93-1-PASSED
APPROVED
e. 9 authorizing
encroachment approximately 5-feet into the 12-foot
utility easement located along the south property
line at 7010 NW 81 Street for an existing metal
shed. Petition 43-Z-92 by Carlo Bracaglia
SYNOPSIS, „QF,, ACTION RESOLUTION R-93-2-PASSED
APPROVED
f. MOTION ISLA= Tema._ RINAQ_ 6418 granting a
request by WOODMONT COUNTRY CLUB for a height waiver for
five (5) sections of 8-foot high fence where only 6-feet
is permitted throughout the WOODMONT GOLF COURSE GROUNDS
for security purposes (north of McNab Road and West of
University Drive). Petition #17-SP-92
6)=PSIS_OF ACTION; RESOLUTION R-93-3-PASSED
APPROVED
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g. MOTION !j,'O ",P1L= the attendance by two Finance
Department accountants at the Intermediate
Governmental Accounting Seminar in Tampa, Florida,
February 9-11, 1993.
h. 7 releasing a cash
warranty bond in the amount of $500.00 posted for
public improvements at the SHELL SERVICE STATION, 5001
State Road 7.
SYNOPSIS„OF =TION: RESOLUTION R-93-4-PASSED
APPROVED
i• 6 releasing
warranty Letter of Credit #00317402 in the
amount of $27,199.88 posted for the WESTPOINT 16-INCH
WATER MAIN EXTENSION.
SYNORATS OF ACTION RESOLUTION R-93-5-PASSED
APPROVED
C/M Abramowitz MOVED to APPROVE the Consent Agenda, SECONDED
by C/M Schreiber.
VOTE: ALL VOTED AYE
Mayor Bender requested a recess at 7:30 P.M. to allow Ms. Peduto
time to return to her seat. The Meeting reconvened at 7:35 P.M.
with the same people in attendance.
Mayor Bender OPENED the PUBLIC BEARING portion of the Meeting.
8. UBLTn HEARING - 3
approving a parking waiver requested by MIDWAY
PLAZA/Brady & Coker, Agent, to waive the requirement for
continuous concrete curbing or wheelstops within the shopping
plaza. Petition #39-Z-92 (Tabled on 12/23/92)
WITHDRAWN by applicant
City Attorney Kraft read Temp. Reso. #6403 by Title.
C/M Katz MOVED to APPROVE Temp. Reso. #6403, SECONDED by V/M
Schumann.
Mr. Kelly indicated that Brady & Coker, Agents for the
applicant, requested Item 8 be removed and not agendized
again for Council's consideration.
C/M Abramowitz MOVED to REMOVE Temp. Reso. #6403, SECONDED by
V/M Schumann
VOTE: ALL VOTED AYE
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9, - 1 on first
reading concerning a request by Regency Homes to change the
Land Use Plan Map from Commercial to Residential for Parcel
"A" of NOODHONT TRACT 56, located on the northwest corner of
University Drive and NW 78 Street. Petition #1-LUA-92
SYNOPSIS OF ACTION
Public Hearing was held.
APPROVED on first reading. Second reading to be held on
Wednesday, February 10, 1993 at or after 7:30 P.M. in Council
Chambers.
City Attorney Kraft read Temp. Ord. #1631 by Title.
C/M Katz MOVED to APPROVE Tamp. Ord. #1631, SECONDED by V/M
Schumann
Kelly Carpenter, Director of Community Development, read the
Findings of Fact, and indicated the required signs were posted.
She added the applicant requested to rezone to R-1 but this matter
was not before Council at this time. She said the Planning
Commission had recommended APPROVAL.
C/M Abramowitz stated a land map was usually changed from
residential to commercial. He asked the number of units to be
built and would the City benefit with less commercial property.
Ms. Carpenter said there would be 46 units and the City would
benefit because the developer would probably not request a replat.
C/M Schreiber asked why
were not included in the
opinion and objected to
that they should not be
commercial.
the Planning Department's recommendations
Findings of Fact. He expressed his
residential units on University Drive and
built on land which was primarily
There was discussion about the City's and Broward County's Land
Use Plan and nothing had been done since the land was platted in
1973. Ms. Carpenter said at the time the site plan would come
before Council, it would show a proper buffer between the units
and University Drive.
C/M Katz said he favored property which was developed and not left
vacant.
C/M Abramowitz said University Club was a rental community on
University Drive and related that residents denied a request to go
from residential to commercial on Nob Hill Road and Northwest
108th Avenue and he concurred with C/M Katz.
TAPE 2
There was further discussion about the proposed site, commercial
versus residential, and C/M Schreiber said all commercial ventures
were not shopping centers.
Mayor Bender OPENED the Public Hearing portion of the Meeting.
Ms. Hobmeier stated she agreed with C/M Schreiber that there be
buffers and landscaping and residential units should not face
University Drive.
Mayor Bender said 18 years was too long for the property to be
vacant and he CLOSED the Public portion of the meeting with no
further discussion.
VOTE: C/M Katz - AYE
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V/M Schumann - AYE
C/M Schreiber - NAY
C/M Abramowitz - AYE
Mayor Bender - AYE
Mr. Kelly said Petition #38-Z-92, although advertised, would not
be considered tonight but it would be agendized for a future
meeting.
4. MOTION TO APPROVE the City Manager's appointment of
Lawrence Dupre as Personnel Director effective January 18,
1993.
C/M Abramowitz MOVED to APPROVE, SECONDED by C/M Katz.
Mr. Kelly said an Assessment Panel comprised of three people
interviewed the six finalists for the position and Mr. Dupre was
unanimously selected. He said three members of Staff also
interviewed Mr. Dupre and concurred and he recommended approval.
VOTE:
5. MOTION TO APPROVE two temporary part-time secretaries for
the Risk Management and Personnel Departments from January
18 through April 9, 1993.
kII:WWZ(*ITJpI
C/M Schreiber MOVED to APPROVE, SECONDED by V/M Schumann.
Mr. Kelly said the two temporary secretaries would allow Mr. Dupre
time to assess their capabilities before a decision was made to
permanently fill the positions.
There was discussion about the two positions. Dina McDermott,
Assistant City Manager, said their duties would be to facilitate
projects in compliance with various Federal and State laws and
they were Clerks and not Secretaries. She said they were contract
employees and not entitled to any City benefits
VOTE: ALL VOTED AYE
6. =CII,UION AND POSSIBLE ACTION regarding the
installation of 6-inch extruded curbing at Woodmont
(tabled on 12/23/92).
APPROVED
C/M Katz MOVED to APPROVE, SECONDED by C/M Abramowitz.
Mayor Bender said requests were received from Woodmont
Property Owners Association and Pines #1 with regard to joint
contributions and curbing the medians.
Ben Sonkin, resident of Woodmont, said areas were being destroyed
because there was no curbing and if residents could donate funds
and time, could the City donate some money?
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City Council Regular Meeting
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C/M Schreiber said it was the property owner's responsibility to
install curbing and he requested a covenant in Mr. Sonkin's
agreement to insure that the work would be done.
Mr. Sonkin said the curbing would be installed on the swales, at
the side next to the macadam where there was irrigation. He said
it had nothing to do with the medians.
C/M Abramowitz said the Woodmont Property Owners Association
raised almost $30,000 and they were asking the City to become a
partner.
VOTE:
ALL VOTED AYE
There was discussion when a question was asked who paid for the
landscaping on Northwest 77th Street. Ms. McDermott said, from
private donations of money and trees, the Public Works Department
maintained the trees and the curbing was installed by the adjacent
property owners.
14. MOTION TO ADOPT Temp_ Reso_ #6421 revising note on face
of plat of Melaur Office Building for Park Place
Therapeutic Center.
SX=SIS or =ZION: RESOLUTION R-93-6-PASSED
APPROVED. AGENDIZED BY CONSENT on Page 1.
City Attorney Kraft read Temp. Reso. #6421 by Title.
Mr. Kelly said the developer requested a Delegation Request for
Council to consider.
C/M Katz MOVED to APPROVE Temp. Reso. #6421, SECONDED by C/M
Schreiber.
Ms. Carpenter said two -weeks ago, Council approved the site plan
which indicated the square footage. She added the applicant
wished to pull Building permits and the note had to be removed in
order to pay impact fees. She said the Planning Department
recommended APPROVAL and there was no change in the square
footage.
VOTE
V/M
Schumann
- AYE
C/M
Schreiber
- AYE
C/M
Katz
- AYE
C/M
Abramowitz
- ABSENT
Mayor Bender
- AYE
10. 0 on first reading
authorizing the appropriate officials to execute an
Agreement with Waste Management, Inc., d/b/a Southern
Sanitation, to provide multi -family solid waste collection in
the City of Tamarac (tabled on 12/23/92).
$XXQPSIS OF ACTION•
APPROVED on first reading. Public hearing and second reading
to be held on Wednesday, January 27, 1993 at or after 10:00
a.m. in Council Chambers.
City Attorney Kraft read Temp. Ord. #1630 by Title.
C/M Katz MOVED to APPROVE, SECONDED by V/M Schumann
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Page 8
Mr. Kelly said the Agreement:
a) applied only to multi -family dwellings,
b) was for five years (through December 31, 1997),
c) provided for a 15% Franchise Fee,
d) provided for a Consumer Price Index adjustment with a maximum
of four -percent (0) each year,
e) was based on cubic yards,
f) provided for direct billing by the hauler to the recipient,
g) provided for one renewal period of three years, not to exceed
eight years total,
h) would provide for twice -a -week pick-up,
i) provided for a container size adjustment four times during
first year of contract,
j) provided for a $250,000 Performance Bond or Letter of Credit.
C/M Schreiber stated he disagreed with Clause 8.3(e) - Customer
Deposits - and suggested it be removed. He stated a three cubic -
yard container could mean almost a $600 deposit from each
association. He said Southern Sanitation presently serviced these
same associations and no one paid any deposit and Clause 8.3(e)
was not beneficial to the City. C/M Katz agreed.
Ms. McDermott said the City would no longer bill direct and Clause
8.3 pertained to Non -Payment of Customers which gave the hauler
the ability to ask for a deposit. C/M Schreiber disagreed.
Mayor Bender said for the record, "The contractor may temporarily
discontinue a customer's service for non-payment if a customer's
account is past due in excess of 60 days. If a customer's service
has been discontinued for non-payment, the customer's deposit will
be applied to the customer's account". Ms. McDermott emphatically
said a deposit was not being required.
There was further discussion about the billing process. C/M
Abramowitz asked the representative of Southern Sanitation to
stipulate after the first default a deposit would be required.
TAPE 3
William Laystrom, Attorney representing Southern Sanitation, said
the language could be amended but Southern Sanitation would make
the decision.
C/M Katz agreed there should be criteria for requiring a deposit.
Attorney Laystrom said there was a problem with regard to Southern
Sanitation waiving its right under the Five City Group Recycling
Contract in order for them to receive $.95 for 22 months left in
the said Contract.
Attorney Laystrom briefly discussed the retroactive franchise fee
and said a final decision had not been made to proceed with the
$.95 fee which was based on revenues received from all the group
cities. He said Southern Sanitation wanted to continue servicing
the City and he would speak further with City Staff. He asked for
removal of the Franchise Fee and for Southern Sanitation to waive
its rights under the Five City Group Recycling Contract.
Mayor Bender reiterated that Southern Sanitation was requesting a
one-time payment of almost $150,000. He said tonight was the
First Reading and because there was a problem, there was time
until the Second Reading for additional negotiations. Attorney
Laystrom agreed.
C/M Katz disagreed and said three cities from the Five City Group
Recycling Contract members signed garbage contracts and Southern
Sanitation was receiving $.95 from those three cities. Attorney
Laystrom disagreed and said Southern Sanitation lost revenue for
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the last two -and -a -half years from the other cities under that
contract.
C/M Abramowitz MOVED to ADOPT Temp. Ord. #1630 on First Reading.
Attorney Laystrom asked if there were other issues and C/M
Schreiber responded, Customer Deposit.
C/M Abramowitz said residents were paying $7.95 when they could
pay $9 because there was no contract.
C/M Schreiber AMENDED the MOTION that Clause 8.3(e) pertaining to
Customer Deposit would be reworded. Mayor Bender said this would.
be addressed when the contract was renegotiated.
C/M Abramowitz said his concerns would be submitted to Mr. Kelly
and recommended the other Council members do the same.
Mayor Bender said Clause 8.3(e) was being clarified and C/M
Schreiber could veto the Agreement if it was not acceptable to
him. V/M Schumann SECONDED the MOTION without the amendment
suggested by C/M Schreiber.
VOTE: ALL VOTED AYE
11. City Council
V/M Schumann said the Veterans Advisory Committee asked for three
or four shade trees to be planted at Veterans Park. He said the
handball, court at Tamarac Park needed painting and refurbishing
and two chain link security gates should be installed on Tract 27
to alleviate vehicles driving on the Soccer Fields.
C/M Schreiber said he asked Council to create an Economic
Development Board regarding Land Section 7.
C/M Abramowitz
C/M Katz
No Report
No Report
Mayor Bender read the NOTICE OF 1993 MUNICIPAL ELECTION on Page 4
of the Agenda.
12. Qty Attorney
City Attorney Kraft
13. City Manager
No Report
Mr. Kelly said City Hall would not be closed on Martin Luther
King's Birthday, January 18, 1993.
With regard to the Back -Flow Preventer Ordinance, it was Broward
County and Fort Lauderdale's responsibility to enforce said
Ordinance. He said Broward County's copy of their Back -Flow
Preventer Ordinance would be forwarded to Council with a request
to provide an Ordinance which Broward County could enforce.
Mr. Kelly said complaints had come in regarding things not being
put on the Tax Rolls. However, the Property Appraiser's Office
advised that by Florida Statutes, nothing could be.put on the Tax
Rolls unless a project was substantially completed. He said to -
date, almost everything sent to the Property Appraiser's Office
was correct.
Mr. Kelly added that C/M Katz requested contacting Wayne Huizenga
with regard to a hockey venture on 158 acres on Land Section 7.
City Council Regular Meeting
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Page 10
C/M Abramowitz expressed his views regarding the Back -Flow
Preventer Ordinance and agreed with Mr. Kelly. He added that the
City of Fort Lauderdale also suggested the City develop an
Ordinance which they could enforce. City Attorney Kraft said if
Broward County's Ordinance was based on the South Florida Building
Code, an Act of the Legislature would out weigh a local Ordinance.
C/M Abramowitz disagreed. City Attorney Kraft said he would
research and report back to Council.
With no further business to discuss, Mayor Bender ADJOURNED the
Meeting at 9:00 P.M.
H.IL. BENDER
MAYOR
CAROL A. EVANS
CITY CLERK
The City Council may consider and act upon such other business as
may come before it.
In the event this agenda must be revised, such revised copies
will be available to the public at the City Council meeting.
Pursuant to Chapter 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 may need to ensure that a verbatim record of the
proceedings is made which record includes the testimony and
evidence upon which the appeal is based.
* * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * *
NOTICE OF 1993 MUNICIPAL ELECTION
The City of Tamarac will hold a municipal election on
Tuesday, March 9, 1993, for the following seats:
City Council District 1
City Council District 3
Charter Board At -Large
Charter Board District 1
Charter Board District 3
Candidate qualifying began at noon on Monday, January 4,
1993, and ends at noon on Monday, January 18, 1993. For more
information, contact the Tamarac City Clerk's Office at 722-
5900.
CITY OF TAMARAC
APPROVED AT MEETING OF „o %Q9