HomeMy WebLinkAbout1993-03-24 - City Commission Regular Meeting MinutesCity Council Regular Meeting
03/24/93/PP
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CITY OF TAMARAC
CITY COUNCIL REGULAR MEETING
WEDNESDAY, MARCH 24 1993
CALL TO ORDER: Mayor Bender called the meeting to order on
Wednesday, March 24, 1993, at 9:00 a.m. in Council Chambers of
Tamarac City Hall, 7525 Northwest 88th Avenue, Tamarac, Florida.
PLEDGE OF ALLEGIANCE: Mayor Bender called for the Pledge of
Allegiance.
Mayor H. Larry Bender
Vice Mayor Irving Katz
Councilman Norman Abramowitz
Councilman Joseph Schreiber
Councilman Henry Schumann
ALSO PRESENT:
John P. Kelly, City Manager
Mitchell S. Kraft, City Attorney
Patricia Marcurio, Acting City Clerk
Phyllis Polikoff, Secretary
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City Clerk
5. b. MOTION TO APPROVE I the minutes of the following
City Council meetings:
1. 2/10/93 - Regular Meeting
2. 2/22/93 - Special Meeting*
3. 2/24/93 - Regular Meeting
,SXHQESIS OF ACTION•
REMOVED 5.b.2. for discussion. (See Page 3 for Final Action)
C/M Schreiber MOVED to REMOVE Item 5.b.2. for further discussion,
SECONDED by C/M Abramowitz.
VOTE: ALL VOTED AYE
1. REBSENZaION, by City Manager Kelly of five-year service
awards to CHARLES FREEMAN and ROBERT WILSON, Public Services
Department.
SYNOPSIS OF ACTION:
City Manager Kelly made the presentations.
2. PRESENTATION by Mayor Bender of a proclamation designating
April 3, 1993, as "MARCH OF DIMES WALK AMERICA FOR HEALTHIER
BABIES DAY".
SYNOPSIS OF ACTION;
Mayor Bender presented the Proclamation to Michelle Garashi,
Broward Division Director for the March of Dimes. Poster Boy,
J.J. Dorrington, made a Thank You speech.
City Council Regular Meeting
03/24/93/PP
Page 2
3. JQUNCEMENT 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 announced there were positions open for two Regular
Commissioners and two Alternate Commissioners.
4. 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.
Marvin Seidel, Kings Point, asked the status of the single and
multi -family garbage contracts and related that garbage bags in
the City of Lauderhill cost $.51.
Nathan Peretzman, resident, stated his views regarding a vote of
no -confidence against City Manager Kelly, books ordered to
evaluate City Manager Kelly, elections and the Medics Ambulance
audit.
Melanie Reynolds, resident, voiced her concerns about the past
election, Land Section 7 and the present Council.
Clara Kaplan, resident, asked about the single and multi -family
garbage contracts.
C/M Abramowitz expressed his opinion about the single and multi-
family garbage contracts and asked the residents to please be
patient.
C/M Schreiber stated his thoughts about the present garbage
contract, the hauler, the recycling contract and the Council.
Anthony Grimaldi, Sunflower-Heathgate, stated his views regarding
a dress code for Council members and the cost of garbage bags.
C/M Abramowitz disagreed with the cost of bags stated by Mr.
Seidel and Mr. Grimaldi.
Leonard Botwinick, Golf Pointe, expressed his sentiments regarding
the dumpster used by La Tavernetta Italian Restaurant.
5. Items listed under Consent Agenda, Item 5, 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, supporting and
endorsing the enhancement and revitalization of the
Jackson Memorial Burn Unit in Dade County, Florida.
n
City Council Regular Meeting
03/24/93/PP
Page 3
RESOLUTION R-93-28-PASSED
b. SQTIQK TO APPROVE the minutes of the following City
Council meetings:
1. 2/10/93 - Regular Meeting
2. 2/22/93 - Special Meeting*
3. 2/24/93 - Regular Meeting
SYNOPSIS OF ACTION:
Item 5.b.2. TABLED on Page 1 and then APPROVED. APPROVED 5.b.1.
and 5.b.3.
C/M Schreiber said the 2/22/93 Minutes should be corrected on Page
2 to "Richard Marant, representative of Seacoast Sanitation"...
C/M Schreiber MOVED to AMEND the Minutes of 2/22/93 as indicated,
SECONDED by C/M Abramowitz.
VOTE: ALL VOTED AYE
C. MOTION TO APPROVE_ renewal of a model sales permit for
WESTWOOD PINES in Building 5, Units 523 and 525, for a
six-month period from 5/14/93 to 11/14/93.
Finance Department
d, the attendance of Glenda Christian,
MIS Director, at the MacAcademy Boot Camp seminar in
West Palm Beach, Florida, October 18-22, 1993.
-• r
C/M Abramowitz MOVED to APPROVE Consent Agenda Item 5, SECONDED by
C/M Schreiber
VOTE: ALL VOTED AYE
CONSIDERATIONS
6. MOTION TQ APPOINT the City's voting delegate and alternate
to the Broward League of Cities.
SYNOPSIS OF ACTION;
APPROVED Mayor H. L. Bender as Voting delegate and Vice Mayor
Irving Katz as Alternate delegate to the Broward League of
Cities.
V/M Katz MOVED to APPOINT Mayor Bender as Primary Voting Delegate,
SECONDED by C/M Abramowitz.
VOTE:
ALL VOTED AYE
C/M Schumann MOVED to APPOINT V/M Katz as Alternate Voting
Delegate, SECONDED by C/M Abramowitz.
VOTE: ALL VOTED AYE
City Council Regular Meeting
03/24/93/PP
Page 4
7. MOTION TO APPROVE a request by La Tavernetta Restaurant,
8455 W. McNab Road, to have seasonal relief from the Code
requirement that garbage and refuse be collected each day
they are open, except Sundays and holidays, reducing the
requirement to no less than four (4) collections each week
from June 1 through September 30 each year.
SYNOPSIS QE ACTION;
TABLED for investigation of sufficiency of dumpster size.
C/M Abramowitz MOVED to APPROVE Item 7, SECONDED by C/M Schreiber.
Discussion was held and Kelly Carpenter, Director of Community
Development, stated the Restaurant was cited for having less pick-
ups than what the Code required.
Carol Romano, owner of the Restaurant, said the dumpster was used
by other people and the landlord reduced its size.
There was further discussion and C/M Abramowitz suggested the
vendor provide documentation there was a problem and that the
dumpster was not overflowing.
V/M Katz said the responsibility for the dumpster belonged to the
landlord and the user.
V/M Katz MOVED to TABLE Item 7 in order to give Code Enforcement
time to investigate the dumpster size, SECONDED by C/M Schreiber.
VOTE:
C/M Schreiber - AYE
C/M Abramowitz - NAY
V/M Katz - AYE
C/M Schumann - NAY
Mayor Bender - AYE
8. MOTION TO APPROVE the purchase of chlorine from Allied
Universal Chlorine Corporation under Broward Governmental
Cooperative Group Bid #93-01 at a cost of $209 per one -ton
cylinder with the City's estimated usage estimated at 70
tons.
SYNOPSIS OF ACTION
APPROVED
Mary Blasi, Finance Director, said the City of Pembroke Pines
obtained the lowest bid for the Cooperative Group and the cost
would be $14,000 for 70 tons.
C/M Abramowitz MOVED to APPROVE Item 8, SECONDED by V/M Katz.
VOTE: ALL VOTED AYE
C
9. MOTION TO ADOPT Temp. Reso. #5440 approving a site plan and
a Water and Sewer Developers Agreement for the LOMBARDY
project located on the northwest corner of Nob Hill Road and
NW 80 Street (tabled on 3/10/93).
SYNOPSIS OF ACTION; RESOLUTION R-93-29-PASSED
APPROVED as Amended on Page 3, Section E of the Water and Sewer
Developers Agreement, to change "May" to "Shall".
City Council Regular Meeting
03/24/93/PP
Page 5
City Attorney Kraft read Temp. Reso. #6440 by Title.
V/M Katz MOVED to APPROVE Temp. Reso. #6440, SECONDED by C/M
Schumann.
Ms. Carpenter read the Findings of Fact and said the proposed site
plan was inconsistent with the zoning and that the applicant did
not provide adequate guest parking. She said local traffic impact
fees were calculated due to Stipulation 26 and the Planning
Commission APPROVED the request.
C/M Schreiber said there was a problem with Paragraph E, Page 3 of
the Water and Sewer Developers Agreement and he suggested changing
may to shall. Discussion was held regarding the Engineer and the
written report.
City Attorney Kraft said the City Manager or the Engineer's
supervisor would direct the City Engineer to be present. Rick
Weinberg, Carnahan & Associates, Engineers, stated an Inspector
was present, a written report was submitted and he agreed to
change may to shall.
C/M Schreiber MOVED to AMEND "may to shall" in Paragraph E, Page 3
of the Water and Sewer Developers Agreement, SECONDED by V/M Katz.
VOTE: ALL VOTED AYE
C/M Schreiber MOVED to APPROVE Temp. Reso. #6440 with the AMENDED
language, SECONDED by C/M Katz.
VOTE:
ALL VOTED AYE
10. MOTION LOADOPT We=- Reso. 16441 approving a revised site
plan and Water and Sewer Developers Agreement for MIDWAY
PLAZA reflecting construction of a 4,100 S.F. building (a
2,800 S.F. restaurant with one drive-thru and a 1,300 S.F.
bank with two drive-thru's), revised landscaping and on -site
vehicular circulation (tabled on 3/10/93).
1,•• •,
F • - • � • .7
RESOLUTION R-93-30-PASSED
City Attorney Kraft read Temp. Reso. #6441 by Title.
V/M Katz MOVED to APPROVE Temp. Reso. #6441, SECONDED by C/M
Schumann.
Ms. Carpenter read the Findings of Fact and said the Site Plan and
Plat Review Committee and the Planning Commissioners APPROVED the
application. She said Staff had no problem with the applicant's
request to be given 60 days to have the Lender sign the revised
Water and Sewer Developers Agreement.
ALL VOTED AYE
11. MMOTJQ$ TO ADOPT Temp_ Reso_ 96451 approving a revised site
plan for THREE LAKES PLAZA reflecting construction of a 3,101
square foot addition to an existing food store (located on
the southwest corner of Commercial Boulevard and NW 31
Avenue) .
4 �•' • JrJklay 0 110),
RESOLUTION R-93-31-PASSED
City Attorney Kraft read Temp. Reso. #6451 by Title.
V/M Katz MOVED to APPROVE Temp. Reso. #6451, SECONDED by C/M
Schumann.
City Council Regular Meeting
03/24/93/PP
Page 6
Ms. Carpenter read the Findings of Fact and said the vested plat
was 102,000 square feet and the applicant's request would bring
the square footage to 98,215 square feet. She said Council
previously APPROVED a parking waiver for the reconfiguration of
the parking lot and the Planning Commissioners and the Site Plan
and Plat Review Committee APPROVED the request.
VOTE: ALL VOTED AYE
12. MOTION TO ADOPT Tema_ Reso. 16438 approving a delegation
request by Regency Homes, Inc., to change several notes on
the face of the recorded plat of WOODMONT TRACT 56 located
on the northwest corner of University Drive and NW 78 Street:
3XQP3IS OF ACTION, RESOLUTION R-93-32-PASSED
APPROVED 12.a., 12.b. and 12.c.
City Attorney Kraft read Temp. Reso. #6438 by Title.
V/M Katz MOVED to APPROVE Temp. Reso. #6438, SECONDED by C/M
Abramowitz.
a. The plat currently restricts the tract to 140,000 square
feet of commercial; the applicant is requesting the note
to be changed to allow the proposed 48 single-family
homes.
b. Modification of a non -vehicular access line along
University Drive.
C. vacation of a portion of a right-of-way easement on
the corner of University Drive and NW 78 Street.
(A) Ms. Carpenter said Staff had no problems with the request and
Delegation Requests were not heard by the Planning Commissioners.
V/M Katz stated his concerns about developers not having to pay
school taxes or fees on plats marked for Senior's Only.
C/M Abramowitz declared his views about the proposed homes and
said he and the Woodmont Property Owners' Association endorsed it.
C/M Schumann said Broward County would know whether they would
charge a developer for school taxes or fees. V/M Katz disagreed
and said Broward County would look to the City to make that
decision.
C/M Schreiber discussed his concerns about plat restrictions,
school impact taxes, the proposed development and the property on
University Drive should not be changed from commercial to
residential. He said there were no residential communities on
University Drive.
Mayor Bender expressed his thoughts about the proposed development
and added the previous property owner tried numerous times to sell
the property and was unable to do so.
C/M Abramowitz disagreed with C/M Schreiber and mentioned Concord
Village and an apartment development.
VOTE: C/M Abramowitz - AYE
V/M Katz - AYE
C/M Schumann - AYE
C/M Schreiber - NAY
Mayor Bender - AYE
City Council. Regular Meeting
03/24/93/PP
Page 7
(S) Ms. Carpenter said the original plat indicated a driveway but
the applicant requested the curbing would be closed off to
residential use by adding a non -vehicular access line along
University Drive and Broward County agreed.
C/M Abramowitz asked about the ingress or egress. Ms. Carpenter
said the ingress or egress would be on Northwest 78th Street and
not University Drive because said Drive was an arterial street and
the noise would be too great.
C/M Abramowitz said the location was near the school and there was
a problem. Ms. Carpenter said the applicant changed the entrance
to the project to comply with the Traffic Engineer and Staff's
recommendations.
C/M Schreiber asked who owned the property. Ms. Carpenter said it
was right-of-way and beyond the applicant's property line.
Mayor Bender said the curbing in questions would be at the west -
end of the complex and was separate from the curbing requested by
Pines One.
VOTE: ALL VOTED AYE
(C) Ms. Kelly Carpenter said Item 12.c. was part of the
Delegation Request and would vacate the western portion of the
easement outside the traffic corridor. She said Broward County's
Engineering Department requested FP&L to relinquish a portion of
the easement and they also recommended APPROVAL of the Delegation
Request.
VOTE: ALL VOTED AYE
REPORTS
13. City Council
C/M Schumann - No Report
V/M Katz reminded Council about the March of Dimes WalkAmerica
walk-a-thon scheduled for Saturday, April 3. He asked all City
employees to participate and mentioned Mike Couzzo, Assistant City
Manager/Director of Public Services, would be Chairman.
Mayor Bender said March of Dimes jars were located throughout City
Hall to collect donations.
C/M Schreiber mentioned the Medics Ambulance audit and the money
which was owed to the City. He asked Council to move forward with
legal action and City Attorney Kraft said the process started with
his letter dated March 1, 1993.
C/M Schreiber said a report was received from the Fire Department
on the Emergency Medical Service and he asked Council to move
forward and investigate the facts therein.
C/M Schreiber asked Council to change the Election Day from March
to November and he advised the City of Coral Springs was putting
this request on their March, 1994 ballot for a referendum.
TAPE 3
City Attorney Kraft disagreed and said the Mayor of Coral Springs
wanted the opinion of the residents to support her position to go
to the State although she knew it was required to have a special
act from the legislature related to Broward County.
The fourth matter mentioned by C/M Schreiber was a drainage
problem on Northwest 71st Place and he said money was in the
budget to correct the problem. He said, in closing, the complaint
City Council Regular Meeting
03/24/93/PP
Page 8
brought against him by Abe Garr was dismissed and the State
Legislature was considering a bill to eliminate frivolous
complaints.
C/M Abramowitz made known his thoughts on the garbage bags and the
$.95 penalty clause involving Waste Management and the recycling
contract. He suggested Council direct Mr. Kelly contact the
Cities of Pompano Beach and Deerfield Beach to inquire on the
status of their pilot emergency ambulance program. He mentioned
the City of Sunrise's ongoing ambulance service and he said Mayor
Veltri, City of Plantation, advised the cost was over $800,000 to
start-up and maintain such a system.
Mayor Bender said the public was invited to attend a Town Hall
Meeting on March 31 to give their input concerning the Fiscal Year
1993/1994 budget.
14. City Attorney
City Attorney Kraft - No Report
15. City Manager
Mr. Kelly said with regard to the $.95 penalty clause that three
other Cities in the Five City Group Recycling Program gave their
approval and if Tamarac had not participated, they would have been
subject to a higher penalty.
Mr. Kelly suggested a Workshop be scheduled to discuss
beautification and added there would be a meeting with the Mayor
and Broward County Administrator Jack Osterholt regarding
Emergency Medical Services 11.
Hearing no further discussion, Mayor Bender ADJOURNED the Meeting
at 10:35 a.m.
H. BENDER
Mayor
CAROL A. EVANS
City Clerk
CITY OF TAMA AC
APPROVED AT MEETING OF 4 - I k4 -9 3