HomeMy WebLinkAbout1993-02-24 - City Commission Regular Meeting MinutesCity Council Regular Meeting
2/24/93/PP
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CITY OF TAMARAC
CITY COUNCIL
REGULAR COUNCIL MEETING
WEDNESDAY, FEBRUARY 24, 1993
CALL TO DER: Mayor Bender called the meeting to order on
Wednesday, February 24, 1993, at 9:00 a.m, in Council Chambers of
Tamarac City Hall, 7525 Northwest 88th Avenue, Tamarac, Florida.
PLEDGE_OE' ALLEGIANCE: Mayor Bender called for the Pledge Of
Allegiance and a Moment of Meditation.
Mayor H. Larry Bender
Vice Mayor Henry Schumann
Councilman Irving Katz
Councilman Joseph Schreiber
Councilman Norman Abramowitz
ALSO PRESENT
John P. Kelly, City Manager
Mitchell S. Kraft, City Attorney
Carol A. Evans, City Clerk
Phyllis Polikoff, Secretary
6. C. MOTION 10-AUMM renewal of a model sales permit and
waiver of the 150--foot distance requirement for issuance
certificates of occupancy for WOODMONT GREENS (WOODMONT
TRACT 67) for a six-month period from 3/23/93 to 9/23/93
(located on the northeast corner of NW 88 Avenue and NW
75 Street).
EXHOPSIS of ACC;
ITEM 6.c. REMOVED at request of City Manager Kelly because it was
APPROVED on 2/10/93.
C/M Schreiber MOVED to REMOVE Item 6.c. because it was previously
APPROVED, SECONDED by C/M Katz.
VOTE: ALL VOTED AYE
RESOLUTIONS
Finance QgRagtment
12. b. MQTION TO ADOPT To=, ,fig„g, #6435 declaring Vehicle
#425, a 1985 Ford Dump Truck, as surplus equipment and
authorizing its sale as scrap; this vehicle was
destroyed by fire last fiscal year.
REMOVED at request of City Manager Kelly.
Mr. Kelly said an offer was received to rebuild the truck and
this would save the City money.
City Council Regular Meeting
2/24/93/PP
Page 2
C/M Schreiber MOVED to REMOVE Item 12.b. to review an offer to
rebuild the truck, SECONDED by C/M Katz.
VOTE: ALL VOTED AYE
CONSIDERATIONS
17. MOTION TO APREM Request for Proposal for single-family
residential garbage service.
_SYNOPSIS OF ACTION:
AGENDIZED by Consent (See Page 14 for Discussion and Action)
Mr. Kelly requested this Item be agendized, subject to review by
City Attorney Kraft.
C/M Schreiber MOVED to AGENDIZE Item 17 authorizing the City
Manager to advertise Request for Proposal for single --family
residential garbage service, SECONDED by C/M Katz.
VOTE:
ALL VOTED AYE
1. RBZSENTATION, by City Manager Kelly of five-year service
awards to the following employees:
Otilio Berrios Public Services Department
Richard Cravero, Jr. Fire Department
John Gaul III Fire Department
William Hughes, Jr. Fire Department
Philip Mordente Fire Department
Duane Pierce Fire Department
SYNOPSIS OF ACTION;
Mr. Kelly made presentations to Messrs. Berrios, Cravero, Hughes
and Pierce. Messrs. Gaul, Mordente and Ward were not present.
2. a. PEZSEX=1QX1 by Mayor Bender of Certificates of
Appreciation to the members of the Redistricting
Committee:
Joseph Stokvis, Chairman Bernie Simms
Norman Dubois Ben Sonkin
Jack Farley Al Wald
Jerry Fordin Phil Weinberger
Diane Glasser
SYNOPSIS OF ACTION:
Mayor Bender presented Certificates to Chairman Stokvis, Mr.
Farley and Ms. Glasser; Members Dubois, Fordin, Simms, Sonkin,
Wald and Weinberger were not present. Dr. Wald picked up his
Certificate, Lou Sohn picked up Mr. Weinberger's Certificate and
Jules Gersten picked up Mr. Simms' Certificate.
b. MOTION TO DISCHARGE, the Redistricting Committee in
accordance with Section 6.03 of the Charter.
V/M Schumann MOVED to DISCHARGE the Redistricting Committee,
SECONDED by C/M Schreiber.
VOTE: ALL VOTED AYE
City Council Regular Meeting
2/24/93/PP
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3. PEZ6ZETAION of the Certificate of Achievement for
Excellence in Financial Reporting by the Government Finance
Officers Association for the City's Comprehensive Annual
Financial Report for fiscal year ending September 30, 1991.
SYNOPSIS OF ACTION:
Bert Wrains, representing Government Finance Officers Association,
presented a Certificate of Achievement and plaque to Mary Blasi,
Finance Director.
Bert Wrains, Finance Director of the City of Oakland Park and
representative of the Government Finance Officers Association of
the United States and Canada, presented a Certificate of
Achievement and plaque. He advised that Ms. Blasi's report was
judged to be one of the best in the United States.
Mary Blasi, Finance Director, thanked Mr. Kelly and all members of
her Department for their continued cooperation, assistance and
support.
4. ANNQUNCEMENT of the expiration of the terms of office for
positions on the PLANNING COMMISSION.
If any Tamarac resident is interested in serving on this
commission, please contact the office of the City Clerk for an
application. if existing board and committee members desire to be
considered for reappointment, please indicate this by memo to the
City Clerk's office. Present commission members shall continue to
serve until appointments are made by Council.
SYNOPSIS OF -ACTION
Mayor Bender made announcement that terms of office would soon
expire for some members of the Planning Commission.
5. PUBLIC PARTICIPATION - 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.
Nathan Peretzman, resident, voiced his concerns regarding the
Council and Mr. Kelly.
Marvin Seidel, resident of Kings Point, asked if the City was
contemplating having their own paramedic and Emergency Medical
Service. Mayor Bender said the matter was being researched.
Harold Rosen, resident of Kings Point, expressed his thoughts
regarding agenda Items 10 and 11 regarding Trent and Granville
developments at Kings Point. He mentioned Stipulations 9 and 12
and how they related to parking on private streets, paved, unpaved
and set --aside parking spaces. He said the Planning Commission
DENIED the requests.
Robert Burgio, resident.of Westwood 22, presented his comments
regarding the canal behind City Hall and asked the City to keep
trespassers away from the canals and seawalls. He suggested
stricter laws or implementing a curfew.
Walter Rekuc, resident of Red Cypress Lane, voiced his objections
to Code violations concerning Grove Warehouse, the proposed golf
driving range, the budget and site plan regarding Granville at
Kings Point.
City Council Regular Meeting
2/24/93/PP
Page 4
Jules Gersten, resident of Bermuda Club, asked why residents at
the multi -family developments were responsible for the containers
which held garbage. Mr. Kelly said this would be discussed at the
Public Hearing.
Anthony Grimaldi, resident of Sunflower-Heathgate, also expressed
his concerns about the recycling contract and the garbage contract
for single-family residences.
Irving Lopatey, member of the Tamarac President's Council, voiced
his thoughts about the Continental Cablevision contract. He
presented a letter from an independent auditing company to Mayor
Bender for Council to review. Mayor Bender said three residents
were appointed as Aides to look into the problem with Continental
Cablevision.
6. Items listed under Consent Agenda, Item 6, 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.
a. MOTION TO ADOPT Tema_ R22g. #6436 approving the Tenth
Amendment to the Inter -Local Agreement with Broward
County providing for division and distribution of the
proceeds of the local option gas tax imposed by the
Broward County Local Option Gas Tax Ordinance.
SYNOPSIS OF ACTION: RESOLUTION R-93-14-PASSED
APPROVED
b. MOTION TQ APEBQM the minutes of the following City
Council meetings:
1. 1/22/93 - Special Meeting
2. 1/27/93 - Regular Meeting
C. MOTION TO APPROVE renewal of a model sales permit and
waiver of the 150-foot distance requirement for issuance
of certificates of occupancy for WOODMONT GREENS
(WOODMONT TRACT 67) for a six- month period from 3/23/93
to 9/23/93 (located on the northeast corner of NW 88
Avenue and NW 75 Street).
SYNOPSIS or ACTIQN
REMOVED on Page 1
d. NQTIQN TO APPROVE renewal of a model sales permit for
SPRING HOUSE APARTMENTS in Building 10, Units 391, 393
and 394, 5700 Rock Island Road, for a six-month period
from 3/26/93 to 9/26/93.
F.11yZIUMUM
C/M Schreiber MOVED to APPROVE the Consent Agenda a, b and d,
SECONDED by V/M Schumann.
VOTE: ALL VOTED AYE
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2/24/93/PP
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7. MOTION TO APPE= final settlement
the amount of $10,000 in the case of
Rosenzweig vs. City of Tamarac, Case
�,.- •: •,
of bodily injury claim in
Hilda and Harold
No. 92-007860 (15).
City Attorney Kraft said the case had been in litigation since
November, 1990.
V/M Schumann MOVED to APPROVE Item 7, SECONDED by C/M Schreiber.
C/M Schreiber said there was a lack of communications between the
Risk Management and other members of Staff. He said either the
City or resident should make the repairs, if needed, and suggested
an on -going program be implemented to inspect all sidewalks and
rights--of-way to avoid accidents and further litigation.
VOTE:
TAPE 2
ALL VOTED AYE
8. MOTJgH TO APPROVE the decrease of the insurance deductible
to $25,000 per occurrence for monoline excess property
insurance and to APPROVE the transfer of $7,551 from
Insurance Contingency Account #504-739-588-975 to Property
Liability Account #504-705-596-45U.
F.1109260
C/M Katz MOVED to APPROVE Item 8, SECONDED by V/M Schumann.
Larry DuPre, Personnel Director, said after Hurricane Andrew,
Staff decided it would be in the City's best interest to lower the
deductible on Liability insurance from $250,000 to $25,000 and
Arthur J. Gallagher quoted an additional $7,551 per year. He
added the deductible for wind damage would be one percent of the
value of the building plus contents at a designated location and
not $25,000.
V/M Schumann referred to Arthur J. Gallagher's letter which
referred, in part, to wind damage. He asked if the minimum of
$25,000 or the one percent would be greater. Mr. DuPre answered,
$25,000 and the City would benefit by reducing the deductible and
increasing the premium.
Dave Marcus, Area Vice President representing Arthur Gallagher
Company, said by 10/1/92, firm and binding renewal quotes were
given prior to Hurricane Andrew. He said if a severe wind damaged
one or two buildings, the maximum amount of damage might be
$1,000,000 and the deductible would be $100,000. He said the
deductible would be $25,000 for all other perils.
There was discussion regarding wind driven damage causing other
damage. City Attorney Kraft referred to the deductibles and asked
would the total deductible be $250,000 if there was a catastrophic
event which hit every building throughout the City. Mr. Marcus
said presently the deductible was $250,000 for each occurrence
but it would change to one percent per location and a minimum of
$25,000 per location.
City Council Regular Meeting
2/24/93/PP
Page 6
C/M Katz asked if the flood insurance deductible was still
$250,000. Mr. Marcus said, yes, but not every building was
covered.
C/M Katz said the National Flood Insurance Program had a $5,000
deductible covering $250,000 building and $250,000 contents and
anything over that was covered by excess insurance. Mr. Marcus
agreed.
VOTE: ALL VOTED AYE
Mayor Bender requested a recess at 9:57 a.m. and the Meeting
reconvened at 10:03 a.m. with the same people in attendance.
13, - on second
reading authorizing the appropriate City 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 2/10/93).
SYNOPSIS QF ACTION ORDINANCE 0-93-3-PASSED
APPROVED on Second and Final Public Hearing
City Attorney Kraft read Temp. Ord. #1630 by Title.
C/M Katz MOVED to ADOPT Temp. Ord. #1630, SECONDED by C/M
Schreiber.
Mr. Kelly said the final cost included casters and roll -out costs;
not all containers had casters; charges could be less, and Staff
recommended APPROVAL.
C/M Katz asked if the rate would be reduced if there were no
caster problems. Mr. Kelly said, yes.
C/M Schreiber said there was no charge for container maintenance
in the Request for Proposals and the $5 charge should not be
permitted because casters are part of the container.
C/M Schreiber referred to Section 24 of the Recycling Contract
which indicated if Southern Sanitation did not get the garbage
contract, a penalty would be charged based on the current
disposal,/tipping fee. He said to --date, the penalty is
approximately $250,000 and suggested an agreement be reached as
soon as possible.
C/M Katz agreed and haulers on the new Request for Proposal for
single-family homes will be aware of the Penalty Clause. He said
it appeared the charge for caster maintenance would be eliminated
and he would authorize Mr. Kelly to sign the Agreement.
V/M Schumann asked about the status of Paragraph 18.6.
Bill Laystrom, representing Southern Sanitation, said contracts
for multi -family and single-family garbage hauling would benefit
the City. He said with regard to the casters, buildings could do
their own maintenance or ask for service. He said Southern
Sanitation would not maintain the casters or impose charges and
condo associations could purchase their own containers. He added
that the bid could be refigured to indicate a small charge in all
prices rather than indicating an optional charge.
City Council Regular Meeting
2/24/93/PP
Page 7
Dennis Urbanski, General Manager representing Southern Sanitation,
said buildings which had existing modified casters would not be
charged a second time but anyone wishing to modify the casters
from standard to an upgraded type would be charged.
C/M Schreiber expressed his concerns about the Request for
Proposal and said casters wore out but were never handled by the
residents. He said the "wearing out factor" should be included in
the charge and reiterated there should be no extra charges.
Mr. Urbanski said the charge was separate because not all
containers had casters.
There was further discussion regarding containers and casters.
Mayor Bender said once the caster was attached to the container,
it became Southern Sanitation's property. Mr. Urbanski agreed.
Mayor Bender said containers, with or without casters, were
provided and if they were removed, the containers with casters
would belong to Southern Sanitation and this was not right. Mr.
Urbanski said there would not be a new charge for a new container.
Mayor Bender agreed with C/M Schreiber about casters being
included in the cost of doing business.
There was more discussion about the casters, containers and the
Request for Proposal. Mr. Urbanski said the additional charge was
for the specialized need of a building and not for the equipment.
V/M Schumann asked about the $.95 charge in Paragraph 18.6. Mr.
Urbanski said this charge produced a great start-up price on the
recycling contract. He suggested including an Indemnity provision
in the single-family contract although it was not an agreement to
pay. He said Paragraph 18.6 could be eliminated and the City
would not waive or owe anything because it was a single-family
issue and not part of the multi -family contract. He reiterated
the Indemnity provision was only for the single-family contract
and he added a financial proposal was submitted to the Council.
TAPE 3
Mayor Bender OPENED the Public Hearing Portion of the Meeting.
Walter Rekuc, resident, asked Mr. Laystrom if he contributed
campaign funds to the City and if so, was it included in the bid.
Mr. Laystrom said campaign funds were not factored in.
Anthony Silvestri, resident of Lime Bay, expressed his concerns
about the casters and maintenance or replacement on the existing
dumpsters. Mr. Urbanski said representatives of Southern
Sanitation would go through the complex to advise replacement
costs.
C/M Schreiber said the Recycling contract at his complex resulted
in reducing costs for solid -waste collection and the existing
containers could be reduced in number at Mr. Silvestri's complex.
He added the cost could be approximately $175 per month, for one
three cubic -yard container, picked -up twice per week, for each
association and the size of the containers could be adjusted
quarterly.
Mr. Silvestri continued his comments about the cost for the
casters and C/M Schreiber said the cost was for maintenance and
not for equipment.
Mr. Silvestri asked for the status of the garbage contract with
Seacoast Sanitation. Mayor Bender said the contract was for
single-family homes and the item was not agendized.
City Council Regular Meeting
2/24/93/PP
Page 8
C/M Katz indicated that the City would receive approximately
$7,500 per month in franchise fees and the longer the City waited,
the less revenue would be received.
Mr. Kelly said a representative from Southern Sanitation met with
Property Management at Lime Bay to discuss reduction in the size
of the containers to two cubic -yards and costs will be reduced.
Anthony Grimaldi, resident of Sunflower-Heathgate, expressed his
concerns about the current recycling contract with Waste
Management.
Irving Lopatey, resident of Lakes of Carriage Hills, voiced his
concerns about the casters, damage caused by the hauler, and that
residents should not pay for same. C/M Katz said the hauler would
be responsible for the damage and Mr. Urbanski agreed.
Harriet Cohen, resident of Kings Point, asked if money would be
saved because her development had a recycling contract and they
would also reduce the size of the containers. C/M Katz said the
State mandated recycling and it had no bearing on the size of the
container and there would be an approximate 50% savings.
C/M Katz AMENDED the MOTION to APPROVE Temp. Ord. #1630 but with
the REMOVAL of Paragraph 18.6. from the Agreement, SECONDED by C/M
Schreiber.
VOTE:
C/M Schreiber - AYE
C/M Katz - AYE
V/M Schumann -- NAY
Mayor Bender - AYE
Mayor Bender CLOSED the Public Hearing Portion of the Meeting with
no further discussion.
9. authorizing the
appropriate City officials to execute a Revocable License
Agreement with Broward County to allow the installation of
five (5) City entrance signs in County road right -of --way on
Pine Island Road (2), Nob Hill Road (2) and McNab Road (1).
F:V4 "•• o
APPROVED
RESOLUTION R-93-15-PASSED
City Attorney Kraft read Temp. Reso. #6433 by Title.
C/M Schreiber MOVED to APPROVE Temp. Reso. #6433, SECONDED by C/M
Katz.
Dina McDermott, Assistant City Manager, stated an Agreement with
Broward County would allow two entrance signs installed at Pine
Island Road, two on Nab Hill Road and one on Nob Hill Road. She
said Staff recommended APPROVAL.
VOTE: ALL VOTED AYE
P
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City Council Regular Meeting
2/24/93/PP
Page 9
10. MOTION TO ADOPTTQ=_ Reso_ #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. Case #12-SP-93 (tabled on 1/27/93)
(located on the north end of the Kings Point island, south of
NW 80 Street)
RESOLUTION R-93-16-PASSED
APPROVED
City Attorney Kraft read Temp. Reso. #6415 by Title.
C/M Katz MOVED to APPROVE Temp. Reso. #6415, SECONDED by C/M Katz.
Mike Vonder Meulen, Senior Planner in Community Development
Department, read the Findings of Fact and said there was no
violation of the Land Use Plan if the entire development did not
exceed the approved density. He said a Delegation Request through
Broward County was required to change the APPROVED plat and if
Broward County did not APPROVE said Delegation Request, the site
plan would become null and void. He added the Planning Commission
DENIED the request on 12/16/92 by a 4 to 2 VOTE.
V/M Schumann asked if a written report was submitted when the
Commissioners denied a request. Mr. Vonder Meulen said
additional Findings of Fact were submitted with the Minutes of
12/16/92.
C/M Schreiber referred to Stipulations 9 and 12 which indicated
vehicles were not permitted to back out onto private streets.
He said Council would allow Lennar to construct four-story
buildings in exchange for traffic impact fees. He expressed his
concerns about Judge Weissing's Court Order and the Settlement
Agreement and that Judge Weissing's Court Order prohibited
vehicles from backing out onto private street.
Dennis Mele, Attorney representing Lennar Homes, said Granville
was discussed at a previous Planning Commission meeting. He
explained language in the original agreement, amendments,
Stipulation 12, and said Lennar would put set -aside parking spaces
adjacent to private driveways unless otherwise approved by
Council. He added nothing was changed on the original site plan
previously APPROVED by Council and also a waiver was APPROVED by
Council pertaining to required parking along major driveways.
Attorney Mele said Stipulation 26 did not amend Stipulation 12 and
that Kelly Carpenter, Director of Community Development, had
advised the Commissioners they had to state concise reasons for
denying the Trent site plan.
TAPE 4
Attorney Mele disagreed with the denial findings regarding
Objective 13, Section 24-4, pertaining to four-story buildings and
said rezoning was unnecessary because of the Settlement Agreement.
He added that the site plan met all provisions in the Settlement
Agreement.
Attorney Mele read a memo from City Attorney Kraft pertaining to
the Settlement Agreement (Attachment #1).
C/M Katz discussed the set -aside parking spaces and said an
amendment to the Comprehensive Land Use Plan was unnecessary. He
disagreed with Mr. Rosen although there was a hardship regarding
the set -aside parking spaces.
City Council Regular Meeting
2/24/93/PP
Page 10
C/M Schreiber referred to Stipulations 9, 12 and 26, the proposed
four-story buildings and the set -aside parking. Mr. Vonder Meulen
said Stipulation 12 referred to the set -aside parking spaces and
where they would be placed.
Attorney Mele said Stipulation 12 amended Stipulation 9.
VOTE: C/M Schreiber - NAY
C/M Katz - AYE
V/M Schumann - AYE
Mayor Bender - AYE
11, approving a revised site
plan and Water and Sewer Developers Agreement for TRENT
project reflecting increased density with an additional 63
units, also revising six buildings from 3-story to 4-story,
and revising the fire access lanes, sidewalks, parking and
landscaping. Case #14-SP-92 (located east of NW 108 Terrace,
south of NW 80 Street)
RESOLUTION R--93-17-PASSED
City Attorney Kraft read Temp. Reso. #6427 by Title.
C/M Katz MOVED to APPROVE Temp. Reso. #6427, SECONDED by V/M
Schumann.
Mr. Vonder Meulen read the Findings of Fact and said Lennar
proposed to increase the density from 15 dwelling units/acre to
18.56 and Broward County required a Delegation Request but if it
was not approved, the site plan would become null and void. He
said the Site Plan and Plat Review Committee recommended approval
but the Planning Commission recommended denial and fire -flow
calculations were satisfied.
C/M Schreiber said in his opinion, the Stipulations still violated
the Court Order with regard to set -aside parking.
VOTE: C/M Katz - AYE
V/M Schumann - AYE
C/M Schreiber - NAY
Mayor Bender - AYE
12. a. MOTION TO APPROVE the purchase of the following
budgeted heavy equipment and vehicles:
1. Vibratory Asphalt Roller - $28,236 - Under Seminole
County Bid No. 931
2. Skid Steer Loader - $26,785 - Under Florida DOT Bid No.
DC2892R1
3. Diesel Engine Dump Truck - $28,441 - Under State Bid
No. 20-070-700-P
4. Three (3) 3/4 ton trucks with utility bodies - $43,404
Under State Bid No. 070-500-420
5. Three (3) 3/4 ton trucks - $34,893 - Under State Bid
No. 070-500-420
6. Two (2) 3/4 ton trucks, 4-wheel drive with extended cab
and diesel engine - $33,734.20 - Under State Bid No.070-
544-420
7. One (1) 1 ton truck, 4-wheel drive, crew cab with diesel
engine - $20,318.25 - Under State Bid No. 070-644-005
8. Three (3) 1/2 ton trucks - $26,631 - Under State Bid
No.070-500-410
[J
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City Council Regular Meeting
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Page 11
b. MOTION TO ADOPT T=R- R®so_ #6435 declaring Vehicle
#425, a 1985 Ford Dump Truck, as surplus equipment and
authorizing its sale as scrap; this vehicle was
destroyed by fire last fiscal year.
SYNOPSIS or ACTION:
APPROVED 12.a
ITEM 12.b. was removed (See Page 1)
Mary Blasi, Finance Director, said the City saved over $60,000 by
going through the Department of Transportation or Seminole County
bids.
C/M Katz suggested the City go to an RTC Sale to purchase heavy
equipment. Ms. Blasi agreed and suggested changing the Code.
C/M Katz MOVED to APPROVE Item 12.a., SECONDED by C/M Schreiber.
VOTE: ALL VOTED AYE
17. =jQN TO APPRQM Request for Proposal for single-family
residential garbage service.
SYNOPSIS OF RCTION :
APPROVED (See Page 2)
Mr. Kelly said a new Request for Proposal was ready to be
advertised with Council approval.
C/M Schreiber MOVED to APPROVE authorization for City Manager to
readvertise Request for Proposal for single --family residential
garbage service, SECONDED by V/M Schumann.
VOTE: ALL VOTED AYE
flalff"_ ,.
V/M Schumann said Council approved curbing for the Woodmont
Property Owners Association and the Association was responsible
for installing the drainage equipment. He said, to -date, the
curbing had not been installed and Mr. Kelly agreed.
18. a. and reconsider MOTION
APPROVED by City Council on January 13, 1993 approving
Woodmont curbing.
b• X=ION TQ RESCIND MOTION APPROVED by City Council on
January 13, 1993 approving Woodmont curbing.
APPROVED 18.a. and 18.b.
C/M Katz MOVED to AGENDIZE Item 18.a. to reconsider MOTION
APPROVED by City Council on January 13, 1993 approving Woodmont
curbing, SECONDED by C/M Schreiber.
VOTE: ALL VOTED AYE
V/M Schumann MOVED to RESCIND MOTION APPROVED by City Council on
ZantqsT 13, 1993 approving Woodmont Curbing, SECONDED by C/M
� hreibor,-
Vai ALL VOTED AYE
City Council Regular Meeting
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Page 12
14. erTY COUNCIL (Continued)
V/M Schumann asked about the stage loaned to St. Malachy's Church
and said it would be needed for July 4 festivities.
Mayor Bender asked Mr. Kelly to communicate with St. Malachy's
Church on the return of the stage.
C/M Katz said Mike Couzzo, Director of Public Services, would be
Chairman for the March of Dimes Walk -A -Thou on Saturday, April 3,
1993 in Fort Lauderdale.
C/M Schreiber recommended Council create an Economic Development
Board to attract business in Land Section 7; a traffic light be
installed at University Drive and Northwest 76th Street and
elections changed to November. V/M Schumann said the traffic light
matter was being looked into. Mayor Bender said the State
mandated election dates for municipalities.
Mayor Bender agreed an Economic Development Board should be
created and he suggested writing letters to property owners of
Land Section 7 to ask for their cooperation. Mr. Kelly agreed.
15. City Attgrngy
City Attorney Kraft said the City Attorney's Office and the
Finance Department were proceeding with the investigation on
Medics Ambulance litigation.
16.
Mr. Kelly said containers would be at City Hall from March 1st
through April 30th to collect old telephone directories; an
Executive Session be scheduled next week to discuss Union
Employee's Incentive monies; Town Hall meetings regarding budget
preparation for Fiscal Year 1993/94 are scheduled for Thursday,
March 11, 1993 at 10:00 a.m. and Wednesday, March 31, 1993 at 7:00
p.m. and the public was invited to give their input.
Mr. Kelly said meetings were held with property owners of Land
Section 7 and, to -date, no one was cooperating. C/M Katz said he
met with Mr. Kelly and spoke with a representative from the
Pritzker Family and the Pritzker Family was responsive to the
City's proposal regarding the 150 acres.
TAPE 5
There was further discussion regarding development on Land Section
7 and hockey arena.
Hearing no further discussion, Mayor Bender ADJOURNED the Meeting
at 11-SS a_m_
Lr
H. BENDER
Mayor
.r►
�� _ / E'
CAROL
City Clerk
CITY OF TA ANAC
APPROVED AT MEETING OF 3 _pq _q 3
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ATTAa*iE1Q T TO ITEM #10, Paragraph #7
Line #2 - REGULAR CITY COUNCIL MEETING OF
3RUARY 24, - 1993
0 19" aty of Tamarac
CITY OF TAMARAC
CITY ATTORNEY
INTER -OFFICE MEMORANDUM -NO. 93-089
TO: KELLY CARPENTER, DIRECTOR OF COMMUNITY
DEVELOPMENT
FROM: MITCHELL S. KRAFT, CITY ATTORNEY
RE: LENNAR v. CITY OF TAMARAC
Our File No. L92-026.2
DATE: FEBRUARY 17, 1993
------- __----- ..----- ..____________-_----
As you have requested, 1 have reviewed the February 3, 1993
Broward County Planning Council memorandum to Elliott Auerhahn
from Peter M. Ross, regarding delegation requests for Granville and
Trent.
My review of Stipulation 26
impediment to you writing to i
5,262 dwelling units have been
Pursuant to plats and permits
26 confirms that the City has
Kings Point project.
indicates that there is no legal
he Planning Council to confirm that
approved for the Kings Point project,
related thereto. Further, Stipulation
allocated 140 reserve units to the
In my Deoember 31, 1992 memorandum regarding Lennar v. Tamarac,
I indicated that Judge Marko executed the Agreed Final Order
Approving .3tipulation and Settlement Agreement. In his Final Order,
Judge Ma*o retained jurisdiction in order to enforce compliance
with the Agreed Order and the terms and conditions of the October
28, 1992 Stipulation and Settlement Agreement. Since the 140
reserve units and the 5,262 dwelling units are consistent with the
Stipulation, there is no legal impediment to confirming
information as the Broward County Planning Council has requestedthe
.
The provisions of Stipulation 26 on which 1 am particularf b
this opinion, are contained in §§9, 10, 12, 20, and 21. y asing
If you have any questions or comments regarding the foregoing,
please do not hesitate to contact me. gang,
MSK/ms
cc: John P. Kelly, City Manager
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