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HomeMy WebLinkAbout1992-03-25 - City Commission Regular Meeting Minutes7525 Northwest 88 Avenue Tamarac, FL 33321-2401 CITY OF TAMARAC CITY COUNCIL REGULAR COUNCIL MEETING WEDNESDAY, MARCH 25, 1992 - The Chair at this time will announce those items which have been given a specific time to be heard, and will entertain motions from Council members to table those items which require research. Council may agendize by majority consent matters of an urgent nature which have come to Council's attention after publication. INTRODUCTION 1. PRESENTATION by City Manager Kelly of five-year employee service awards to the following: Pat LaBello City Clerk's Office Allen Blumenfeld Building Department Gary Phaneuf Code Enforcement FINAL ACTION7 Presentations were made. 2. PRESENTATION by Mayor Bender of a proclamation designating the month of March, 1992, as "LIVING WELL IN FLORIDA MONTH". FINAL ACTION; Presentation was made to Terry Forness. 3. ANNOUNC_Tik= of the expiration of the terms of office for positions on the PLANNING COMMISSION and positions available on the CONSUMER AFFAIRS BOARD. If any Tamarac resident is interested in serving on any board or committee, 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. FINAL ACTION* Announcement was made. Page 1 3/25/92 4. PUBTTr PARTICIPATION - Any member of the public may to any issue which is not agendized for public hearing this meeting. Speakers will be limited to three minutes during this item and at public hearings. There will be thirty (30) minute aggregate time limit for this item, speakers are encouraged to sign up in advance with the Clerk prior to their participation. speak at a and City 5. Items listed under Consent Agenda, Item 5, are viewed to be routine and the recommendation will be enacted by ONE NOTION 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. HQTION TO APPROVE the minutes of the following City Council meetings: 1. 2/26/92 - Regular Meeting 2. 3/11/92 - Regular Meeting b MOTION IQ APPROVE waiver of the medical requirement of Section 12-263(10) of the Code to allow the Clean Water Action Group to canvass door-to-door and waiver of the requirement to provide physicians statements for their canvassers. c• amending Resolution R-90-190 to provide for the transfer of a special use exception for on -premises consumption of "alcoholic beverages" rather than "beer and wine" requested by Sal Galluzzo, owner, Casa Linda Restaurant, at 8765 NW 57 Street. � •R RESOLUTION R-92-40-PASSED d• releasing a warranty bond in the amount of $45,612.75 posted for public improvements for the GREENVIEW APARTMENTS project. RESOLUTION R-92-41-PASSED Page 2 3/25/92 e . MOTION_TO ADOPT Temp_ __ ReeQ___ #6247 calling Letter of Credit #037-WLC-373735 in the amount of $66,850.00 posted for water retention by Fundamental Hopkins -Easton No. 11, Ltd., for the VGC PARK project, if said bond has not been extended by March 25, 1992. FINAL ACTION• APPROVED RESOLUTION R-92-42-PASSED 6. MOTION TO_APPOINT a voting delegate and alternate to the Broward League of Cities. FINAL ACTION• APPROVED appointment of Councilman Abramowitz as voting delegate and Mayor Bender as alternate member to the Broward League of Cities. 7. MOTION TO DETERMINE the four (4) consecutive week period during which the City Council will not meet in 1992 pursuant to Section 4.06(a) of the Charter. FINAL ACTION* TABLED for a Council workshop or special meeting. 8. MOTION TO APPROVE the transfer of $85,000.00 from the Insurance Loss Reserve Account No. 504-739-588-983 to the Workers' Compensation Insurance Claims Account No. 504--709-596--4P8 due to the payout (to the City's advantage) of more lump sum settlements against the Workers' Compensation Fund than was originally anticipated. FINAL ACJJQNe APPROVED 9. a) MOTION TO AC= Harrison Industrial Tools as a sole supplier of a valve exercising machine. b) MOTION TO APPROVE the purchase of a "Wach's" truck mounted exercising machine in the amount of $10,800.00 from Harrison Industrial Tools. c) NOTION TO APPROVE the transfer of $7, 876.00 from Account 425-364-533-6NL entitled Grants Plaza Water Improvement and the transfer of $2,924.00 from Account 425-364-533-505 entitled Repair Service Lines to Account 425-364-533-647 entitled Special Equipment in the aggregate amount of $10,800.00 to fund this purchase. FINAL ACTION: APPROVED 9.a., 9.b. and 9.c. Page 3 3/25/92 10. authorizing the appropriate City officials to execute a contract with Kimley- Horn and Associates, Inc., for traffic engineer/traffic planner services. FINAL ACTION• REMOVED from agenda. 11. MOTION TO_ ADOPT Temn_ Rego_ #624fl authorizing the City Manager to notify Waste Management, Inc., that the City does not intend to automatically renew the agreement for residential solid waste collection and that the City intends to go out for formal bids. �: •, ROW 210 RESOLUTION R-92-43-PASSED 12. awarding Bid 92-04 for Water Treatment Plant lime sludge dredging and hauling to DRD Enterprises, Inc., in the amount of $5.50 per cubic yard. FINAL ACTION: RESOLUTION R-92-44-PASSED APPROVED 13. MOTION TO ADOPT T®mF_ Reso_ #6244 establishing fees of $125.00 per resident child and $200.00 per non-resident child for an on -site summer camp from 6/22/92 through 8/14/92 for children ages 5-12. FINALACTION• APPROVED RESOLUTION R-92-45-PASSED 14. MOTION TO ADOPT Temn_ Ord_ #1603 on first reading vacating and abandoning a portion of NW 64 Avenue otherwise identified as the east 50-feet of NW 64 Avenue from the intersection with NW 44 Street, north 974.62 feet, requested by Grenadier Homes/R. Coker, Agent, Petition #5-Z-92. FINAL ACTION• APPROVED on first reading. Public hearing and second reading will be held on Wednesday, April 8, 1992 at or after 7:30 p.m. Page 4 3/25/92 15. a. MOTIQH TO ADOPT TemnOrd,. #1597 on first reading to amend Chapter 21 of the Code by adding the definition of a plot plan. b. XQTION TO ADOPT_ Te_ Ord_ #].599 on first reading to amend Chapter 10 of the Code by adding the definition of a plot plan. The above text changes will allow for the subdivision of land without a replat if the requirements set forth in the concurrency standards of the City Code Section 10-330 are met and if the City is supplied with a plot plan at the time of site plan approval. FINAL &r.%ION: APPROVED 15.a. and 15.b. on first readings. Public hearings and second readings will be held on Wednesday, April 8, 1992 at or after 7:30 p.m. 16. PUBLIC �$EARING - MOTiQN TO ADOPTTeMR. Ord. #1601 on first reading concerning a request by Martin Riefs/Lennar Homes (MALVERN project) to rezone lands along Westwood Boulevard, east of Nob Hill Road (a portion of HIDDEN HOLLOW APARTMENTS), from R-4A (Planned Apartments) to R-3 (Low Density Multi -Family Residential). Petition #3-Z-92 (tabled on 2/26/92) FINAL __ ACT,ON: Public hearing was held. APPROVED on first reading. Public hearing and second reading will be held on Wednesday, April 8, 1992 at or after 7:30 p.m. 17. - on first reading concerning a request by the CITY OF TAMARAC to rezone lands known as Christine Lees, 6111 Rock Island Road, from County B-3 (General Commercial) to City R-1C (Single Family Residential) to conform to the Tamarac Comprehensive Plan. Petition #14-Z-91 FXHAL ACTT= Public hearing was held. APPROVED on first reading. Public hearing and second reading will be held on Wednesday, April 8, 1992 at or after 7:30 p.m. 18. RUBLIC HEARING - on second reading to amend Section 24 of the Code concerning the membership and duties of the Plan Adjustment Committee (tabled on 2/26/92). FINAL AACTION: ORDINANCE 0-92-18-PASSED Public hearing was held. APPROVED on second and final reading. Page 5 3/25/92 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. Carol A. Evans City Clerk A-1 - Limited Agricultural B-1 - Neighborhood Business R-2 - Two Family Dwelling B-2 - Planned Community Business R-3 - Low Density Multiple B-3 - General Business R-3U - Row House B-5 - Limited Business District R-4A - Planned Apartment B-6 - Business District R-5 - Motel/Hotel I-1 - Institutional RD-7 - Two Family Dwelling LI-1- Light Industrial RM-5 - Residential Multi - Family R--1 - Single Family Residence RM-10- Planned Apartment R-1B & S-1 - Open- Space/Recreational R-1C- One Family Dwelling T-1 - Trailer Park The City Is pleased to announce that effective Wednesday, April 1, 1992, voter registration will be held in the City Clerk's Office at City Hall Monday through Thursday of each week from 8:00 a.m. to 12:00 noon. Page 6 3/25/92 City Council Regular Meeting 3/25/92/KJ Page 1 CITY. OF TAMARAC CITY COUNCIL REGULAR MEETING WEDNESDAY, MARCH 25, 1992 CALL TO OjQZZ: Mayor Bender called this meeting to order on Wednesday, March 25, 1992 at 9:00 a.m. in the Council Chambers of City Hall, 7525 Northwest 88 Avenue, Tamarac, Florida. SEDGE OF ALL7r_TANCE Mayor Bender called for the Pledge of Allegiance. PRESENT Mayor H. Larry Bender Vice Mayor Henry Schumann Councilman Norman Abramowitz Councilman Irving Katz Councilman Joseph Schreiber ALSQ —PRESENT: John P. Kelly, City Manager Mitchell S. Kraft, City Attorney Carol A. Evans, City Clerk Karen Jackson, Secretary ****************************************************************** 10. MOTION TO ADOPT Tamp— J&eso. #6,237 authorizing the appropriate City officials to execute a contract with Kimley- Horn and Associates, Inc., for traffic engineer/traffic planner services. SYNORAX&_= ACTION - REMOVED from agenda. V/M Schumann MOVED to REMOVE Item 10, SECONDED by C/M Abramowitz. VOTE: ALL VOTED AYE 1• PBZSENTAXION by City Manager Kelly of five-year employee service awards to the following: Pat LaBello City Clerk's Office Allen Blumenfeld Building Department Gary Phaneuf Code Enforcement SYNOPSIS ,OF A.rTION- Presentations were made. 2. RRESENTATION by Mayor Bender of a proclamation designating the month of March, 1992, as "LIVING WELL IN FLORIDA MONTH". SYNOPSIS OF ACT12N.L Presentation was made to Terry Farness. City Council Regular Meeting 3/25/92/KJ Page 2 3, &W=CZHM of the expiration of the terms of office for positions on the PLANNING COMMISSION and positions available on the CONSUMER AFFAIRS BOARD. If any Tamarac resident is interested in serving on any board or committee, 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. Announcement was made. 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, Walter Rekuc, resident, expressed his dissatisfaction with the hiring practices of the City. C/M Schreiber asked if Mr. Rekuc's accusations can be documented and Mr. Rekuc said, yes. C/M Schreiber asked if these accusations could be reviewed and investigated for validity. Mayor Bender said a response will be given by the City Manager and Mr. Kelly agreed. Melanie Reynolds, resident, referred to Items S and 9 on the Agenda and questioned the financial transfer procedures of the City. Nathan Peretzman, resident, welcomed the new Council members and questioned the wording of the proposed Charter amendments 92-1 and 92-2. Mr. Peretzman requested that Council consider repealing the three minute time limit for the Public Participation. C/M Schreiber requested that the questions asked by the public be answered or responded to by the person who is qualified to answer them. Mayor Bender said it has been the practice that the City Manager makes notes of the questions and replies to them. Ellen Tomas, resident of the Boulevards of Tamarac, requested the City's support in the application to plant and maintain trees from the County's Trees and Preservation Trust Fund. Mayor Bender requested the letter regarding this be reviewed by the City Manager and Mr. Kelly said Ms. McDermott and Ms. Carpenter have been working with the Urban Forestry Committee on this. City Council Regular Meeting 3/25/92/KJ Page 3 11 F-1 5. Items listed under Consent Agenda, Item 5, are viewed to be routine and the recommendation will be enacted by ONE NOTION 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. XQXION TO APPROVE the minutes of the following City Council meetings: 1. 2/26/92 - Regular Meeting 2. 3/11/92 - Regular Meeting b. XQTIOX_TQ APPRM waiver of the medical requirement of Section 12-263(10) of the Code to allow the Clean Water Action Group to canvass door-to-door and waiver of the requirement to provide physicians statements for their canvassers. ., TOME:" c• amending Resolution R-90-190 to provide for the transfer of a special use exception for on -premises consumption of "alcoholic beverages" rather than "beer and wine" requested by Sal Galluzzo, owner, Casa Linda Restaurant, at 8765 NW 57 Street. RESOLUTION R-92-40-PASSED d• releasing a warranty bond in the amount of $45,612.75 posted for public improvements for the GREENVIEW APARTMENTS project. SYNOPSIS QF ACTION- RESOLUTION R-92-41-PASSED APPROVED e• calling Letter of Credit #037-LC-373735 in the amount of $66,850.00 posted for water retention by Fundamental Hopkins -Easton No. 11, Ltd., for the VGC PARK project, if said bond has not been extended by March 25, 1992. RESOLUTION R-92-42-PASSED APPROVED C/M Abramowitz MOVED to APPROVE the Consent Agenda, SECONDED by C/M Katz. 1` $34 ALL VOTED AYE City Council Regular Meeting 3/25/92/KJ Page 4 6, a voting delegate and alternate to the Broward League of Cities. SYNOPSIS OF ACT JQN -- APPROVED appointment of Councilman Abramowitz as voting delegate and Mayor Bender as alternate member to the Broward League of Cities. C/M Schreiber MOVED to APPOINT C/M Abramowitz be the voting delegate to the Broward League of Cities, SECONDED by C/M Katz. VOTE: ALL VOTED AYE C/M Abramowitz said as a rule, the Mayor is either the voting delegate or the alternate to the Broward League of Cities. C/M Abramowitz MOVED to APPOINT Mayor Bender as the alternate member to the Broward League of Cities, SECONDED by V/M Schumann. VOTE: ALL VOTED AYE 7. XOTION TO DETERNjNZ the four (4) consecutive week period during which the City Council will not meet in 1992 pursuant to Section 4.06(a) of the Charter. SYNOPSIS OF ACTION: TABLED for a Council workshop or special meeting. C/M Abramowitz said this requires more time for discussion and requested a workshop or special meeting be held. C/M Schreiber MOVED to TABLE Item 7 to a workshop or special meeting, SECONDED by C/M Abramowitz. VOTE: ALL VOTED AYE 8. MOTION TO APPROVE the transfer of $85,000.00 from the Insurance Loss Reserve Account No. 504-739-588-983 to the Workers' Compensation Insurance Claims Account No. 504-709-596-4P8 due to the payout (to the City's advantage) of more lump sum settlements against the Workers' Compensation Fund than was originally anticipated. ,*• •, F.112UNG"Tr C/M Abramowitz MOVED to APPROVE Item 8, SECONDED by V/M Schumann. Susan Tillman, Risk Manager, said this transfer is a result of some lump sum settlements that were made in the Worker's Compensation Fund. She said due to the City being self -insured, this is the feasible thing to do. She said the City could have paid out over $473,960 on these three claims that were settled for a lesser amount. C/M Abramowitz said the new procedure is that when these cases come through the Risk Manager's Department, they are discussed with the City Attorney and Ms. Tillman agreed. C/M Katz asked if this is within the scope of the budget and Ms. Tillman said, yes. City Council Regular Meeting 3/25/92/KJ Page 5 C/M Schreiber asked who the determining agency was for these settlements and Ms. Tillman said the average weekly wage is determined by the State of Florida. Ms. Tillman said many times the City will settle the case rather than paying this off for ten years. Mr. Kelly said these cases date back to 1987. VOTE: ALL VOTED AYE 9. a) MOTION TO ACCERT, Harrison Industrial Tools as a sole supplier of a valve exercising machine. b) MOTION TO APPEM, the purchase of a "Wash's" truck mounted exercising machine in the amount of $10,800.00 from Harrison Industrial Tools. c) MOTIOR TO APPROVE the transfer of $7,876.00 from Account 425-364-533-6NL entitled Grants Plaza Water Improvement and the transfer of $2,924.00 from Account 425-364-533-505 entitled Repair Service Lines to Account 425-364-533-647 entitled Special Equipment in the aggregate amount of $10,800.00 to fund this purchase. APPROVED 9.a., 9.b. and 9.c. 9.a. C/M Katz MOVED to ACCEPT Item 9.a., SECONDED by C/M Schreiber. V/M Schumann asked if the City currently has a valve exercising machine and Mike Couzzo, Director of Public Services, said, no. Mr. Couzzo said the City has not exercised the valves to satisfaction in the past, which caused the valves to become inoperative. V/M Schumann asked why this was not budgeted and Mr. Couzzo said the budget was created at the time when the Public Services Department was being developed. Mr. Couzzo said the Utilities budget is extensive and needed its needs deciphered. C/M Schreiber asked if Harrison Industrial Tools is the sole supplier and Mr. Couzzo said it had been determined by the Purchasing Department that Harrison is the sole source supplier. C/M Schreiber asked if the City will benefit in savings of time or labor and Mr. Couzzo said the City personnel will no longer have to do this manually, which will save on time and reduce the number of field injuries. Mr. Couzzo said it takes 2.5 turns time the size of the valve to get a single rotation. C/M Schreiber asked if there is a warranty on the item and Mr. Couzzo said possibly a 90-day warranty. C/M Abramowitz said many times it is difficult to understand that the City may need a piece of equipment that may not be needed for some time. He said the City recently spent approximately two million dollars to provide an accellator for the City's water supply which was not needed immediately; however, the City knew that it would be needed in the near future. He said it is the duty of Staff and the elected officials to supply the best for the residents. City Council Regular Meeting 3/25/92/KJ Page 6 Mr. Couzzo said this is an item that should be in the Department and will be used repeatedly. C/M Katz said this will pay for itself in the future. VOTE: ALL VOTED AYE 9.b. C/M Schreiber MOVED to APPROVE Item 9.b., SECONDED by V/M Schumann. VOTE: ALL VOTED AYE 9.c. C/M Schreiber MOVED to APPROVE Item 9.C., SECONDED by V/M Schumann. VOTE: ALL VOTED AYE TAPE 2 11. authorizing the City Manager to notify Waste Management, Inc., that the City does not intend to automatically renew the agreement for residential solid waste collection and that the City intends to go out for formal bids. RESOLUTION R-92-43-PASSED APPROVED Mr. Kraft read Temp. Rego. #6248 by title. C/M Abramowitz MOVED to APPROVE Temp. Rego. #6248, SECONDED by C/M Schreiber. Mr. Kelly said it was the City's decision to exercise its option to not renew the agreement; however, Waste Management must be notified in writing. He recommended this notification be done. C/M Abramowitz said he is pleased that the City is going out to bid for residential solid waste collection. He said the rates will be increasing in the future. He requested that a meeting be held to inform the public of the various alternatives. Mayor Bender said this has been discussed with the Public Information Committee and will be publicized in the Tam -A -Gram. VOTE: ALL VOTED AYE 12. awarding Bid 92-04 for Water Treatment Plant lime sludge dredging and hauling to DRD Enterprises, Inc., in the amount of $5.50 per cubic yard. S,NOPSIS OF ACTION: RESOLUTION R-92-44-PASSED APPROVED Mr. Kraft read Temp. Rego. #6245 by title. C/M Katz MOVED to APPROVE Temp. Rego. #6245, SECONDED by C/M Abramowitz. Mr. Couzzo said this is an ongoing project for the City where it is necessary to remove through excavation and hauling the lime sludge required for the proper treatment of water. He said the City was previously involved in a three-year contract with a vendor provided the Service and compensation was made without monitoring the amount of yardage that was being removed. City Council Regular Meeting 3/25/92/KJ Page 7 Mr. Couzzo said there was no way to verify the amount being paid to the contractor and there was the potential of having draws against the contract without a certain amount of work being performed. Mr. Couzzo said in November, 1991, the City went out to bid to provide for excavation and hauling and the bids came in at $10.60 per yard, which was also unacceptable. He said it was difficult to find a vendor who would provide both of these. Mr. Couzzo said this time it was bidded out as separate projects for excavation and hauling. He said the total aggregate price was $5.50 per yard and is less than what the City has been paying out over the past three years. He recommended approval of this bid. He said the City generates approximately 9,000 cubic yards per year. C/M Abramowitz asked if there is any other method to treat water and Mr. Couzzo said there are a variety of methods available; however, at the present time, the City uses lime to treat water which needs to be disposed of and the removal of the lime sludge must be provided. Mr. Couzzo said other alternatives to this process are much more expensive. He said the City is currently involved in a utility rate study which involves new regulations coming out from the EPA and the State's Department of Regulations which will require the treating of water to be done with various technologies, such as ozone treatment. He said this is a very complicated issue which will be addressed upon close review. He said the treatment with lime is the most efficient and economic means at present. C/M Katz asked if the sludge that intruded the Colony West Golf Course has been cleaned up and Mr. Couzzo said the City is in the process of removing it. Mr. Couzzo said in-house personnel is transferring the sludge from Colony West to the sludge pit and will be excavated by DRD Enterprises, Inc., if approved by Council. Mr. Couzzo said the problem with lime sludge removal is the consistency of the material which requires a two to three week drying out period. C/M Schreiber asked what the components of the sludge are and Mr. Couzzo said it is a lime by-product which the lime treats and softens the water and he explained the water treatment process. C/M Schreiber asked what this material is used for and Mr. Couzzo said in the past it was used for road repairs but no longer is used for this and it must be disposed of properly. C/M Schreiber asked how many cubic yards are removed annually and Mr. Couzzo said approximately 9,000 cubic yards. V/M Schumann asked why Council is being asked to waive the bid bond and Mr. Couzzo said Council has the right to waive any irregularities in a bid. He said this bidder did not present a bid bond, which does not provide a problem to the Public Services Department or the Finance Department; therefore, Council is being asked to waive the requirement. V/M Schumann asked if the City has any recourse without the bid bond and Mr. Couzzo said, no; however, once the bid is awarded, the vendor is required to post a performance bond, at which time the City will have recourse. VOTE: ALL VOTED AYE City Council Regular Meeting 3/25/92/KJ Page 8 13. MQ!TON TO ADOPT^ Temp Reso_ 46249 establishing fees of $125.00 per resident child and $200.00 per non-resident child for an on -site summer camp from 6/22/92 through 8/14/92 for children ages 5-12. SYNOPSIS OF ACTION: RESOLUTION R-92-45-PASSED APPROVED Mr. Kraft read Temp. Reso. #6249 by title. V/M Schumann MOVED to APPROVE Temp. Re36. #6249, SECONDED by C/M Katz. Mr. Couzzo said Council had previously approved two summer camps. He said this camp was evolved as a result of the current economic conditions and requests from members of the community to provide an on -site camp compatible with their budgets. C/M Abramowitz said there were some people who were precluded from sending their children to summer camp due to the high costs of the field trips. VOTE: ALL VOTED AYE 16. PUBLIC NZARIM - on first reading concerning a request by Martin Riefs/Lennar Homes (MALVERN project) to rezone lands along Westwood Boulevard, east of Nob Hill, Road (a portion of HIDDEN HOLLOW APARTMENTS), from R-4A (Planned Apartments) to R-3 (Low Density Multi -Family Residential). Petition #3-Z-92 (tabled on 2/26/92) SYNOPSIS OF ACTION: Public hearing was held. APPROVED on first reading. Public hearing and second reading will be held on Wednesday, April 8, 1992 at or after 7:30 p.m. Mr. Kraft read Temp. Ord. #1601 by title. C/M Katz MOVED to APPROVE Temp. Ord. #1601, SECONDED by C/M Schreiber. Kelly Carpenter, Director of Community Development, said this is a request by Lennar Homes to rezone from R4-A to R-3 a portion of land on Westwood Boulevard, east of Nob Hill Road. She said the request covers four acres of land currently zoned R4-A apartments which are 15 dwelling units to the acre. She said the R-3 zoning will allow them to go to the maximum of ten to the acre. Ms. Carpenter said the surrounding uses are as follows: north — residential, south —residential, east —residential and west — commercial, with a Land Use Plan amendment in progress to residential. She said the parcel to the east will be developed in concert with this parcel being considered for rezoning at present as a total R-3 project. Ms. Carpenter said there is a site plan in progress for this parcel which is scheduled to come before Council in April, 1992. She said Staff recommends this rezoning due to the density being reduced and is compatible with the surrounding neighborhood and is supported by the policies of the Comprehensive Plan. She said there are no concurrency issues with this request. Ms. Carpenter said at the time the on -site recreation area is set, the recreation console should be rezoned to S-1. She said there may be park impact fees due at the time of site plan approval and the Planning Commission has recommended approval. City Council Regular Meeting 3/25/92/KJ Page 9 11 F�� C/M Katz asked if this is to make it consistent with the other property and questioned whether they can build whatever they want on the site and Ms. Carpenter said the setbacks in R4-A are different than they are in R-3. Mayor Bender OPENED the Public Hearing. Bernard James, resident of Kings Point, asked if this would congest the traffic in the area. Ms. Carpenter said the City has a Land Use Plan which designates this parcel as up to 15 units to the acre so traffic on the regional and local road systems are assumed to be developed at 15 dwelling units to the acre and is accounted for in the City's traffic circulation maps and element. She said it is not believed that there are any traffic problems associated with this. Mayor Bender CLOSED the Public Hearing with no further response. VOTE: ALL VOTED AYE 17. on first reading concerning a request by the CITY OF TAMARAC to rezone lands known as Christine Lee's, 6111 Rock Island Road, from County B-3 (General Commercial) to City R-IC (Single Family Residential) to conform to the Tamarac Comprehensive Plan. Petition #14-Z-91 SYNORSIS OF -ACTION! Public hearing was held. APPROVED on first reading. Public hearing and second reading will be held on Wednesday, April 8, 1992 at or after 7:30 p.m. Mr. Kraft read Temp. Ord. #1602 by title. C/M Katz MOVED to APPROVE Temp. Ord. #1602, SECONDED by V/M Schumann. Ms. Carpenter said this is an application to rezone the parcel known as Christine Lee's Restaurant located on Rock Island Road, north of Commercial Boulevard from County B-3 zoning to City R-lC. She said the B-3 zoning is the County's designation which came on the property when it was annexed to the City in 1988. She said this is the last of the series of zoning -to -conformity cases that the Council heard in 1990 and 1991. Ms. Carpenter said based on the Code, the Planning Commission has to authorize the Staff to proceed with these rezoning requests, which they did in early 1991. She said the property owner has been notified by the City and the signs have been posted. Ms. Carpenter said the property is designated low -medium density residential, six to ten dwelling units per acre on the Tamarac Land Use Plan and the Broward County Future Land Use Map. She said R-lC is a category which allows five dwelling units to the acre which is compatible with the Land Use Plan Map designation and compatible with the surrounding land uses. Ms. Carpenter said the City recognizes that there is an existing restaurant with parking on this parcel. She said the rezoning to R-lC will allow the continuance of the restaurant and will remain as a legal, nonconforming structure and use due to it existing prior to this rezoning. Ms. Carpenter said if the restaurant is destroyed by an act of God by over 75% of the assessed value, the restaurant could not be rebuilt. She said the owner may make repairs and improvements to the building as long as the building is not expanded or repairs do not exceed 25% of the assessed valuation in any one year period. City Council Regular Meeting 3/25/92/KJ Page 10 Ms. Carpenter said this parcel is surrounded by high and medium density residential to the north and south. She said there is some commercial across the street and there is medium density residential to the west. She said the Planning Commission recommended approval of this application on March 4, 1992. Ms. Carpenter said Staff recommends that this parcel be rezoned to R-1C and the parcel is not currently platted. She said no building permits can be issued on the parcel due to it not being platted. She said it is in a compact deferral area so platting will be a challenge. Mayor Bender OPENED and CLOSED the Public Hearing with no response. VOTE: ALL VOTED AYE 18. ING - on second reading to amend Section 24 of the Code concerning the membership and duties of the Plan Adjustment Committee (tabled on 2/26/92). SYNOPSIS Qr ACTION-- ORDINANCE 0-92-18-PASSED Public hearing was held. APPROVED on second and final reading. Mr. Kraft read Temp. Ord. #1578 by title. Ms. Carpenter said this was a response by Staff to a request by C/M Katz concerning the status of a liaison to the Plan Adjustment Committee. She said Staff has gone back to the original ordinance as its source document, made the amendments to the original ordinance and then it will be codified. Ms. Carpenter said this is to add a representative from the Public Works Department and the Fire Marshal to the Plan Adjustment Committee. She said a Council member will be appointed as a non- voting member and the Sheriff's office will also have a non -voting member. Ms. Carpenter said on Page 2, Section C, Part 1, Staff has struck the language, "previously approved by the City Council" and said, "which thereafter shall serve as an authorized revision to the Plan previously approved by the City Council". She said the reason this language was struck is that there are times where minor items are brought before Staff which would not need approval by Council. C/M Abramowitz MOVED to APPROVE Temp. Ord. #1578, SECONDED by C/M Katz. C/M Schreiber asked why a representative from the BSO is needed on this Committee and Ms. Carpenter said there are times when Staff may need their expertise in law enforcement. C/M Schreiber said the ordinance states that the Plan Adjustment Committee shall have jurisdiction to make minor adjustments to site plan, design and landscape improvements. He said this supersedes the function of the Planning Commission. He said he does not feel this Committee needs to be functioning at all. He said there is no definition as to what is minor and what is major. C/M Abramowitz asked why is this before Council at this time and Ms. Carpenter said C/M Katz was concerned about the status of a liaison to the existing Plan Adjustment Committee. C/M Katz said he felt it presented a conflict of interest being a liaison to the Committee and a voting member of the Committee as well as it coming before Council for a vote. He said he had requested a change in the Code to allow for the liaison to be a non -voting member of the Committee. City Council Regular Meeting 3/25/92/KJ Page 11 1 F� C/M Abramowitz agreed and asked if this is something that will be beneficial to the City. Ms. Carpenter said the Plan Adjustment Committee has been in the Code since 1985. She said the Administration felt at that time that the process was needed so that extremely minor changes to site plans could be heard by a Staff committee and approved without having to take the six to nine weeks that it takes to go through the Planning Commission and City Council. She said the word "minor" is defined in another location of the ordinance. Ms. Carpenter said "minor" is determined to be a change in traffic circulation, the requirement for additional parking or the addition of square footage to the primary building on site. She cited the various possibilities. She said this is to move these minor changes through the process quickly and not hold people up to go through the complete process for them. TAPE 3 C/M Katz said this should be acceptable as long as the Code identifies the differences between major and minor changes. C/M Schreiber said this removes the functions of the Planning Commission and they have had to cancel meetings due to not having anything for the agenda. He said he does. not feel that a time element will hold up any process or progress. Mayor Bender OPENED the Public Hearing. Anthony Grimaldi, resident, said this Committee is taking the rights of the Planning Commission to make decisions. Mayor Bender said there was an indication by C/M Katz that there was a need and responsibility of the Plan Adjustment Committee to function. C/M Abramowitz said if this does not relinquish the control of the City Council or the City and it does enhance and improve the process, it should be approved. He said the BSO would be needed for their expertise in cases such as traffic control. V/M Schumann said the Site Plan Committee is taking the decision -- making process from the people and giving it to the Staff. Mayor Bender CLOSED the Public Hearing with no further response. VOTE: C/M Katz -- AYE V/M Schumann - NAY C/M Schreiber -- NAY C/M Abramowitz - AYE Mayor Header - AYE City Council Regular Meeting 3/25/92/KJ Page 12 ORDINANCES Community Deyelonment 14. MOTIM XQ ADOPT T®mn_ Ord_ #1603 on first reading vacating and abandoning a portion of NW 64 Avenue otherwise identified as the east 50-feet of NW 64 Avenue from the intersection with NW 44 Street, north 974.62 feet, requested by Grenadier Homes/R. Coker, Agent, Petition #5-Z-92. SYNOPSIS OF ACTIOR: APPROVED on first reading. Public hearing and second reading will be held on Wednesday, April 8, 1992 at or after 7:30 p.m. Mr. Kraft read Temp. Ord. #1603 by title. C/M Abramowitz MOVED to APPROVE Temp. Ord. #1603, SECONDED by C/M Schreiber. Ms. Carpenter said this is an application to vacate a portion of NW 64 Avenue from NW 44 Street north for a distance of 974.62 feet. She said the street exists only on paper. She said the City of Tamarac is vacating the eastern portion and the City of Lauderhill is applying for vacation of the western portion. Ms. Carpenter said the applicant has submitted letters of no objection from all of the franchise utility companies. She said FP&L and Continental Cablevision are requesting an easement for their power poles and Southern Bell has not requested an easement. Ms. Carpenter said the City's Utility Department is requesting 30 feet from the rear property line back. She displayed the proposed easement. She said the State Law requires that when a roadway is vacated, the property be given to the people who abut that roadway. She recommended approval. She said the Council's action is not the final action and it is required to go to the Broward County Board of Commissioners for their disposition of the right- of-way. VOTE: ALL VOTED AYE 15. a. MOTION TO ADOPT Temn_ Ord_ 11597 on first reading to amend Chapter 21 of the Code by adding the definition of a plot plan. b. MOTION TO ADOPT Temp_ Ord_ #1598 on first reading to amend Chapter 10 of the Code by adding the definition of a plot plan. The above text changes will allow for the subdivision of land without a .replat if the requirements set forth in the concurrency standards of the City Code Section 10-330 are met and if the City is supplied with a plot plan at the time of site plan approval. APPROVED 15.a. and 15.b. on first readings. Public hearings and second readings will be held on Wednesday, April 8, 1992 at or after 7:30 p.m. 15.a. Mr. Kraft read Temp. Ord. #1597 by title. C/M Katz MOVED to APPROVE Temp. Ord. #1597, SECONDED by C/M Schreiber. Ms. Carpenter said since 1979, the County has allowed perimeter plats to be used. She said the platting process is the point in the City and County where all the fees are generated. She said the City has had a requirement since 1969, that once a perimeter plat is filed and the owner desires to subdivide the property into further smaller parcels, the property owner must replat through the City. 11 City Council Regular Meeting 3/25/92/KJ Page 13 Ms. Carpenter said this is a redundant process and serves no purpose in the City. She said the City is not in the position of collecting fees. She said Staff is proposing to change the language in Chapter 21 to allow that a perimeter plat would be the only plat required. Ms. Carpenter said the City will require that if the person is operating on a perimeter plat, that they come in with a plot plan which describes the location of the lots and blocks. She said this is being done as an effort to clean up and streamline the Code. C/M Abramowitz asked if these changes sacrifice any fees by the City and Ms. Carpenter said, no. C/M Abramowitz asked if a person could lose their concurrency and Ms. Carpenter said the County concurrency is determined at the time of platting and the City process is determined at the time of site plan. C/M Katz said his concerns would be with the replatting and the fact that it would not come before Council to do so. He said Council would have the ability to apply certain restrictions which would make it better for the City under certain circumstances. Ms. Carpenter said if the plat has a note that states specific restrictions and the person desires to change it to overrule the restrictions, it would then be brought back to Council for approval. VOTE: ALL VOTED AYE 15.b. Mr. Kraft read Temp. Ord. #1598 by title. C/M Schreiber MOVED to APPROVE Temp. Ord. #1598, SECONDED by C/M Katz. VOTE: ALL VOTED AYE 19. City Council V/M Schumann - No report. C/M Katz said the March of Dimes WalkAmerica will be held on April 4, 1992 and he requested participation from everyone. C/M Katz requested a Council workshop for discussion regarding the definitions and responsibilities of the City and carnival people. C/M Schreiber requested that the Consent Agenda items be placed on the agenda in layman's language for the public's understanding. He requested that the time limit be extended from three to five minutes. C/M Abramowitz said there was an article in the newspaper regarding the "We Care" Program. He said there have been hundreds of responses to this program and he requested that that anyone interested contact the Social Services Department. Mayor Bender - No report. Mr. Kelly said the painting of the BSO building and the City Hall building will begin within the next two weeks. Mr. Kelly said the report on the Southgate Boulevard sidewalk Proposal will be distributed to Council after this meeting. City Council Regular Meeting 3/25/92/KJ Page 14 Mr. Kelly said the street lighting upgrading program is almost completed. He said there are additional lights that need to be upgraded. He said the initial cost estimate was approximately two million dollars, which is now estimated at a total cost of $115,000. He requested that Council make a determination as to when they are going to want to proceed with this upgrade. Mr. Kelly said Judge Bresher's ruling was in favor of the City regarding the INPACT case. With no further business, Mayor Bender ADJOURNED this meeting at 10:55 a.m. f /H;. Z& �-L MAYORCAROL A. EVANS CITY CLERK CITY OF TAMA AC APPROVED AT MEETING OF . ,9c:r�Nc ON &-rk 1