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HomeMy WebLinkAbout1993-01-13 - City Commission Regular Meeting MinutesCity Council Regular Meeting 1/13/93/PP Page 1 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 City Council Regular Meeting 1/13/93/PP Page 2 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 1/13/93/PP Page 3 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 City Council Regular Meeting 1/13/93/PP Page 4 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 City Council Regular Meeting 1/13/93/PP Page 5 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 City Council Regular Meeting 1/13/93/PP Page 6 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? 1 E 1 City Council Regular Meeting 1/13/93/PP Page 7 1 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 City Council Regular Meeting 1/13/93/PP 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 1 1 City Council Regular Meeting 1/13/93/PP Page 9 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 1/13/93/PP 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