HomeMy WebLinkAbout1992-04-08 - City Commission Regular Meeting Minutes7525 Northwest 88 Avenue
Tamarac, FL 33321-2401
CITY OF TAMARAC
CITY COUNCIL
REGULAR COUNCIL MEETING
WEDNESDAY, APRIL 8, 1992
♦ • .
ANNOUNCEM H:C OF —TIME ALLOCATIONS - MOTIONS TO TABLrdl - 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.
1. a. a = UNCEMENT of the expiration of the terms of office
for positions on the following boards and committees:
Board of Adjustment Planning Commission
Code Enforcement Board Public Information Committee
Consumer Affairs Comm. Social Services Board
Insurance Advisory Board Urban Forestry Committee
Investment Advisory Comm. Veterans Affairs Committee
Parks and Recreation Board
b. ANNOUNSZHM of four (4) positions to be filled by the
City Council and four (4) positions to be filled by the
Charter Board on a REDISTRICTING COMMITTEE.
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,
l.a. and l.b. Announcements were made. A Council Workshop meeting
is scheduled to be held on Thursday, April 16, 1992 at 9:30 a.m.
to discuss timetable for appointments to Redistricting Committee.
2. P&MLTn PAR,TICTPA = - 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.
4/8/92
Page 1
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.
a MOTION TQ APPMOVE the minutes of the following City
Council meetings:
1. 3/17/92 - Special Meeting
b,
FINAL ACTIObt-,
APPROVED
administrative
Unit 15, for a
11/28/92.
renewal of a model sales
facility for COLONY COVE in
six-month period from 5/28/92
and
Building 3,
to
C.
renewal of a model sales
permit for
WESTWOOD PINES
in Building 5, Units 523 and 525, for a
six-month period from 5/14/92 to 11/14/92.
FINAL ACTION•
APPROVED
d,
MOTION TO ARPROVE
renewal of a model sales
permit for
VERSAILLES GARDENS for a six-month period
from 4/24/92
to 10/24/92.
FINAL ACTION
APPROVED
-
e. MOTION TO APPROVE attendance by members of the Fire
Department at the following seminars:
1. Florida Fire Mechanics Seminar - Orlando, Florida -
4/12/92 through 4/17/92 - (Dowling and Kinney)
2. CLINCON - EMS Conference -- Orlando, Florida - Four
Days - (Van Mehren)
3. Insurance Services Office/Fire Suppression Rating
Schedule Seminar - Atlanta, Georgia - 5/11/92
through 5/12/92 - (Budzinski)
4. National Fire Prevention Association 96th Annual
Meeting - New Orleans, Louisiana - 5/17/92 through
5/21/92 - (Budzinski)
1.1
4/8/92
Page 2
f. releasing
performance Letter of Credit #15855 in the amount of
$39,342.00 posted for public improvements at the POINTE
PLAZA project subject to receipt of a one-year warranty
bond in the amount of $9,835.50.
FINAL ACTION; RESOLUTION R--92-46-PASSED
APPROVED
g . MOTION TO ADOPT Temp - Rego_ # fi,25 approving
assignment of one (1) ERC from Sachs Klemow, Inc., to
Ernest and Sara Gafni, Lot 63 of WOODMONT TRACT 57.
FINAL ACTION; RESOLUTION R-92-47-PASSED
APPROVED
h. 1. accepting a
bill of sale for the water distribution and sewage
collection system improvements for the WATER'S
EDGE project.
2• approving
assignment of the Water and Sewer Developer's
Agreement for the WATER'S EDGE project from J&A
Property Developers, Inc., to Water's Edge of
Tamarac, Inc.
FINAL _ AC UM-..
APPROVED 3.h.l. and 3.h.2.
RESOLUTION R-92-48-PASSED
RESOLUTION R-92-49-PASSED
QONAIDERATTQNS
City Council
4• ROXION TO nUTERMINE 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 (tabled on 3/25/92).
FINAL AQTiON_
APPROVED Council vacation from July 7, 1992 to August 4, 1992.
5. a. XOTIQH TO APPROVE Change Order #2 to the contract with
Utilities Services, Inc., for six revisions to the
contract in the amount of $32,491.27 and to APPROVE an
extension to the completion date of the project by 54
days, with a new completion date of 6/11/92, for TUW
Project 89--40, Water Treatment Plant Expansion,
Phase II.
b• MOTION 10 AUTHORIZE the transfer of $32,492.00
CIAC Account 432-371-586-975 to TUW Project 89-40
Account 432-363-533-6HG to fund this expenditure
Project 89-40, Water Treatment Plant Expansion,
Phase II.
FINAL ACTION:
APPROVED 5.a. and 5.b.
f rom
for TUW
4/8/92
Page 3
6. MOTION TO APPROVE the construction of a 5-foot wide
sidewalk on the south side of Southgate Boulevard between Nab
Hill Road and NW 93 Avenue and AUTHORIZATION to transfer
$6,400.00 from Contingency Account 001-872-588-975 to Streets
and Roads Materials Account 001-411-541-467 to fund this
construction.
•e
7. MOTION TO ADOPT Tema. Reso. #6237 authorizing the
appropriate City officials to execute a contract with Kimley-
Horn and Associates, Inc., for traffic engineer/traffic
planner services (tabled on 3/25/92).
FINAL ACTION,,; RESOLUTION R-92-50-PASSED
APPROVED
8. a. MOTION TO ADOPT TeM . Reso. #6255 approving a site
plan, along with a Blanket Public Safety Ingress/Egress
Easement, an Agreement and Covenant Running With The
Land for a wall located in a Utility Easement, and a
First Amendment to a Water and Sewer Developer's
Agreement for the MALVERN project (located north and
west of Westwood Drive between NW 73 Street and NW 99
Avenue) .
FINAL ACTION: RESOLUTION R-92-51-PASSED
APPROVED
b. 1. MQJJQN TQ APQPT Ted. Reso. #6261 vacating a
Water Main Easement for the MALVERN project which
was originally accepted in 1987 for Phase 1 of the
Hidden Hollow Apartments project,
Petition #11-Z-92.
2. NOTION TO ADOPT Temp. Reso. #6256 vacating a
Water Main Easement for the MALVERN project which
was originally accepted in 1987 for Phase 2 of the
Hidden Hollow Apartments project,
Petition #11-Z-92.
RESOLUTION R-92-52-PASSED
RESOLUTION R-92-53-PASSED
C. 1. MOTION TO ADOPT TemF. Reso, , Jf,Z,57 vacating a
Sanitary Sewer Easement for the MALVERN project
which was originally accepted in 1987 for Phase 1
of the Hidden Hollow Apartments project,
Petition #12-Z-92.
2. MOTTQN TO ADOPT T2=,,R#s2_ #6262 vacating a
Sanitary Sewer Easement for the MALVERN project
which was originally accepted in 1987 for Phase 2
of the Hidden Hollow Apartments project,
Petition #12-Z-92.
RESOLUTION R-92-54-PASSED
FINAL ACTION: RESOLUTION R-92-55-PASSED
APPROVED 8.c.1. and 8.c.2.
4/8/92
Page 4
d. vacating a Public
Safety Ingress/Egress Easement for the MALVERN project
which was originally accepted in 1987 for the Hidden
Hollow Apartments project, Petition #13-Z-92.
RESOLUTION R-92-56-PASSED
e. MOTION TO ADOPT Tema,Rgkso_ #6260 vacating a non -
vehicular access line along Westwood Drive as shown on
the plat for Hidden Hollow Apartments to allow for
revised entrance and emergency exits for the MALVERN
project, Petition #14-Z-92.
FINAL ACTION"* RESOLUTION R-92-57-PASSED
APPROVED
f. vacating the east
5-feet of a 20-foot Utility and Drainage Easement as
shown on the plat for Hidden Hollow Apartments to allow
for the construction of privacy walls for each of the
proposed villas at the MALVERN project,
Petition #15-Z-92.
FINAL A(;�J1ON* RESOLUTION R-92-58-PASSED
APPROVED
9. MOTION TO ADOPT Temlo- aggo_ #6264 accepting the
Comprehensive Annual Financial Report, of which the Auditors
Report prepared by Grant Thornton is a part, for Fiscal Year
Ending 9/30/91.
RESOLUTION R-92-59-PASSED
-• r
10. approving a contract
with Dr. H. Wayne Lee to provide medical director services to
the Fire Department and the transfer of
$6,000.00 from Fire Salaries Account 001-223-522-120 to Other
Contractual Services Account 001-223-522-340.
ci; o+ xow-irc
F.12VU011UND
RESOLUTION R-92-60-PASSED
4/8/92
Page 5
11. PUBLIC HEARING - MOTION TO ADOPT Temp. Reso. 46254
concerning a request by Julian Bryan/Lennar Homes for limited
parking waiver for the proposed MALVERN project as follows:
a. To allow parking bays with no forward means of egress;
b. To waive the requirement of continuous concrete
curbing or wheel stops to protect landscaped areas;
C. To allow a parking lot which exceeds sixty (60)
parking stalls without a two-way directional loop
system; and
d. To allow the use of parking aisles as the principle
means of on -site vehicular circulation.
Above lands platted as Tract A of HIDDEN HOLLOW APARTMENTS
and located north and west of Westwood Drive between NW 73
Street and NW 99 Avenue, Petition #8-Z-92.
FINAL ACTION:
Public Hearing was held.
APPROVED
RESOLUTION R-92-61-PASSED
12. a. PUBLIC HEARING - MOTION TO ADOPT Temg. Ord. #1597
on second reading to amend Chapter 21 of the Code by
adding the definition of a plot plan.
b. PUBLIC HEARING - MOTION TO ADOPT TemR.Ord, #1598
on second 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.
ORDINANCE 0-92-19-PASSED
FINAL ACTION_ ORDINANCE 0-92-20-PASSED
12.a. Public Hearing was held. APPROVED on second and final
reading.
12.b. Public Hearing was held. APPROVED on second and final
reading.
13. on
second 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 _-ACXON_ ORDINANCE 0-92-21-PASSED
Public Hearing was held. APPROVED on second and final reading.
1
4/8/92
Page 6
14. PUBLIC HEARING - on
second reading concerning a request by the CITY Or TANARAC
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
FINAZI ACTION* ORDINANCE 0-92-22-PASSED
Public Hearing was held. APPROVED on second and final reading.
15. on
second reading to vacate and abandon 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.
ORDINANCE 0-92-23-PASSED
Public Hearing was held. APPROVED on second and final reading.
16. XOT3:QN TO ADOPT Tgmp_ Ord. #1605 on first reading to
revise Section 19-3 of the Code to include aluminum and glass
as additional recyclables for single family and to implement
a multi -family recycling program to include newspaper and
aluminum.
FINAL ACTION
APPROVED on first reading. Public hearing and second reading will
be held on Wednesday, April 22, 1992 at 10:00 a.m.
17. MOTIQN TO ADOPT Temp. Ord. #1606 on first reading to
establish a fee of $1.50 per month for single family and
other residences receiving curbside pickup of recyclable
materials and $.65 per month for multi -family residences
receiving dumpster service effective 5/l/92.
ZINAL ACTION,
APPROVED on first reading. Public hearing and second reading will
be held on Wednesday, April 22, 1992 at 10:00 a.m.
19.
4/8/92
Page 7
* * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * *
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
B-2 - Planned Community Business
B-3 - General Business
B-5 - Limited Business District
B-6 - Business District
I-1 - Institutional
LI-1- Light Industrial
R-1 - Single Family Residence
R-1B &
R-lC- One Family Dwelling
R-2 - Two Family Dwelling
R-3 -- Low Density Multiple
R-3U - Row House
R-4A - Planned Apartment
R-5 - Motel/Hotel
RD-7 - Two Family Dwelling
RM-5 - Residential Multi
Family
RM-10-- Planned Apartment
S-1 - Open
Space/Recreational
T-1 -- Trailer Park
The City is pleased to announce that effective Wednesday, April 1,1992,
voter registration is being 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.
F,
4/8/92
Page 8
City Council Regular Meeting
4/8/92/KJ
Page 1
CITY OF TAMARAC
CITY COUNCIL REGULAR MEETING
WEDNESDAY, APRIL 8, 1992
TALL TO ORDER: Mayor Bender called this meeting to order on
Wednesday, April 8, 1992 at 7:00 p.m. in the Council Chambers of
City Hall, 7525 Northwest 88 Avenue, Tamarac, Florida.
PLEDGE__OF ALLEGIANCE: 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
ALSO _PRESENT:
John P. Kelly, City Manager
Mitchell S. Kraft, City Attorney
Carol A. Evans, City Clerk
Karen Jackson, Secretary
INTRODUCTION
1. a. AMLMCEMENT of the expiration of the terms of office
for positions on the following boards and committees:
Board of Adjustment Planning Commission
Code Enforcement Board Public Information Committee
Consumer Affairs Comm, Social Services Board
Insurance Advisory Board Urban Forestry Committee
Investment Advisory Comm. Veterans Affairs Committee
Parks and Recreation Board
b. ANNOUNCEMENT of four (4) positions to be filled by the
City Council and four (4) positions to be filled by the
Charter Board on a REDISTRICTING COMMITTEE.
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.
SYNOPSIS OF ACTION:
l.a. and 1.b. Announcements were made. A Council Workshop meeting
is scheduled to be held on Thursday, April 16, 1992 at 9:30 a.m.
to discuss timetable for appointments to Redistricting Committee.
PUBLIC PARTICIPATION
2. PUBLIC PARTICIPATTQH - 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.
Rita Zippo, resident, expressed her concerns regarding her sister,
Maureen Hoefner, a City employee, and the current situation
regarding her employment.
Jon Lederman, President of the Tamarac Jaycees, requested
Council's support in the Jaycees bus bench project.
City Council Regular Meeting
4/8/92/KJ
Page 2
Arthur Ormont, President of the Spring Lake Home Owner's
Association, requested that Council approve the proposed sidewalk
on Southgate Boulevard to improve the conditions for the
residents.
Nathan Peretzman, resident, requested a legal opinion regarding
the ordinances for the six Charter amendments. He asked why the
Charter Board was listed on these ordinances.
Melanie Reynolds, resident, expressed her concerns regarding City
Manager Kelly's handling of public requests. She referred to the
duties of the Planning Commission, Code Enforcement and the
Charter Board. She expressed her concern regarding the terms being
served by Council and the Mayor.
Mary Seidel, resident of Kings Point, requested that the
landscaping being planted be watered on a regular basis in order
to maintain the beautification of the City.
Mindy Wilson, resident, expressed her dissatisfaction regarding
the employment situation pertaining to the After -School Program in
the City.
Anthony Grimaldi, resident of Sunflower Heathgate, requested that
the containers be issued for the recycling program.
Walter Rekuc, resident, expressed his concerns regarding the
employment situation in the Recreation Department and Maureen
Hoefner.
Carol Naboa, resident, expressed her dissatisfaction regarding the
employment situation pertaining to the After -School Program in the
City,
Jill Gordan, resident, requested that the community support the
parents who are against the proposed multi -track schooling.
Mayor Bender said he received information from the Broward County
School Board stating that there will be a meeting held at the
Tamarac Elementary School on Tuesday, April 14, 1992 showing the
results of a survey that is being conducted of parents involved
with the school system. He said nothing has been finalized at
present and at least 80% agreement is needed in order to be
approved.
C/M Abramowitz said this is not a City function and the phone
numbers of every School Board member are available.
13. on
second 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: ORDINANCE 0-92-21-PASSED
Public Hearing was held. APPROVED on second and final reading.
Mr. Kraft read Temp. Ord. #1601 by title.
C/M Katz MOVED to APPROVE Temp. Ord. #1601, SECONDED by
V/M Schumann.
City Council Regular Meeting
4/8/92/KJ
Page 3
F�
Kelly Carpenter, Director of Community Development, said this is a
request by Lennar Homes for a rezoning from R-4A to R-3 for lands
along Westwood Boulevard, east of Nob Hill Road. She said the land
is currently zoned R-4A which allows apartments at 15 dwelling
units per acre. She said the surrounding land uses are as follows:
north -medium density residential, R3-U; south --low density
residential, R1-C; east -medium density residential, R-3; and west --
commercial, B-1.
Ms. Carpenter said Council has sent a Land Use Plan amendment to
the State for review for R--4A on the portion between Pointe Plaza
and the Lennar rezoning. She said R-4A allows 15 dwelling units to
the acre where R-3 allows 10 units to the acre, both of which
comply with the Tamarac Future Land Use Map designation.
Ms. Carpenter said this rezoning will reflect the product which
the applicant desires to place on the property. She said there is
a site plan in progress for this parcel which will be considered
by Council later on this agenda and there is also a plat.
Ms. Carpenter said approval of this rezoning is recommended since
the density will be reduced. She said the zoning is compatible
with the surrounding neighborhood and supports policies in the
land use element of the Comprehensive Plan. She said there are no
concurrency issues associated with this rezoning request. She said
the recreation parcel should also be rezoned after the site plan
is approved.
Ms. Carpenter said the Planning Commission recommended approval of
this project. She said the applicant has requested that they be on
record as requesting that if Council chooses not to approve the
site plan, that Council revisit the rezoning.
C/M Abramowitz asked if the applicant has supplied all information
requested by the City and Ms. Carpenter said, yes.
Mayor Bender OPENED the Public Hearing.
Saul Gass, resident and owner of the property abutting this site,
said he favors this project and it should enhance the surrounding
properties.
Mayor Bender CLOSED the Public Hearing with no further response.
"Ok"
ALL VOTED AYE
11.
concerning a request by Julian Bryan/Lennar Homes for limited
parking waiver for the proposed MALVERN project as follows:
a. To allow parking bays with no forward means of egress;
b. To waive the requirement of continuous concrete
curbing or wheel stops to protect landscaped areas;
C. To allow a parking lot which exceeds sixty (60)
parking stalls without a two-way directional loop
system; and
d. To allow the use of parking aisles as the principle
means of on --site vehicular circulation.
Above lands platted as Tract A of HIDDEN HOLLOW APARTMENTS
and located north and west of Westwood Drive between NW 73
Street and NW 99 Avenue, Petition #8-Z-92.
RESOLUTION R-92-61-PASSED
Public Hearing was held.
APPROVED
Mr. Kraft read Temp. Reso. #6254 by title.
City Council Regular Meeting
4/8/92/KJ
Page 4
C/M Katz MOVED to APPROVE Temp. Reso. #6254, SECONDED by
V/M Schumann.
TAPE 2
Ms. Carpenter said the reason for this request is to accommodate.
the site plan. She said this project is being developed under R-3
zoning which is the zoning that most closely resembles the product
the applicant wants to place on this property. She said the R-3
zoning contemplates gang parking as seen in apartment complexes,
rather than individual driveways, which is causing Lennar Homes to
request these parking waivers.
Ms. Carpenter displayed and explained a diagram of the project.
She said approval is being requested for a limited parking waiver
to allow parking areas with more than ten spaces with no forward
means of egress. She said Staff is in support of this request to
allow parking spaces without a forward means of egress.
Ms. Carpenter said a request has been made to waive the
requirements for continuous concrete curb or wheel stops to
protect landscape areas. She said in single-family neighborhoods,
there are no wheel stops or protectant curbing, and this project
is proposed as single-family attached rather than as apartments.
She said Staff supports this request.
Ms. Carpenter said Staff agrees with the applicant that the
request to allow a parking lot which exceeds sixty (60) parking
stalls without a two-way directional loop system should be
approved based on the fact that anyone coming to the site will
either live on the premises or would have been invited and have
directions. She said the fire trucks would make use of the three
emergency exits and the secured entrance if necessary.
Ms. Carpenter said another request is to allow the use of parking
aisles as the principle means of on -site vehicular circulation due
to the speed limit in the area being 14 m.p.h. She said the
Planning Commission has recommended approval of these parking
waivers.
C/M Katz asked if the waiver would include the common area, such
as the recreation area, and Ms. Carpenter said it would not
include this area and is strictly for the single-family homes.
Ms. Carpenter said the project meets all of the requirements of
Chapter 24 with respect to the curbing.
C/M Schreiber asked where the guest parking will be located and
Ms. Carpenter said the Code requires that for this type of
development there be two parking spaces for each unit which means
220 parking spaces and 22 guest spaces would be required.
Ms. Carpenter said Lennar has chosen to provide three parking
spaces for each unit and no gang guest parking. She said the only
other area that would be provided for guest parking would be the
six spaces at the recreational center. She said the notion is that
the City is treating this project like a single-family
neighborhood that does not provide gang guest parking but does
provide parking on the driveways by double-parking or parking on
the grass.
Ms. Carpenter said Lennar is required to provide 22 guest spaces
but have chosen not to designate guest spaces and to provide three
spaces to every unit. She said there are 330 parking spaces plus
the six guest spaces at the recreational center and two
handicapped spaces for a total of 338 parking spaces. She said
they are required to supply a total of 250; therefore, they are
over the quantity required by 70 or so spaces.
11
City Council Regular Meeting
4/8/92/KJ
Page 5
Mayor Bender OPENED and CLOSED the Public Hearing with no
response.
C/M
Abramowitz
- AYE
C/M
Kate
- AYE
V/M
Schumann
- AYE
C/M
Schreiber
- NAY
Mayor
Sender
- AYE
12. a.
on second reading to amend Chapter 21 of the Code by
adding the definition of a plot plan.
:7
on second 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.
ORDINANCE 0-92-19-PASSED
ORDINANCE 0-92-20-PASSED
12.a. Public Hearing was held. APPROVED on second and final
reading.
12.b. Public Hearing was held. APPROVED on second and final
reading.
12.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 Carnahan and Associates is requesting approval
for text changes to Chapters 21 and 10 of City Code. She said
these text changes will allow for the subdivision of land without
a replat if the prpject meets the requirements set forth in the
concurrency standards of the City Code at Section 10-330 and if
the applicant supplies the City with a plot plan at the time of
site plan approval.
Ms. Carpenter said Broward County allows developers to set forth a
plat on their property describing the boundaries only. She said
when that plat goes through the City and the County, that is the
time in which the County catches them for all of the County impact
fees and that document is recorded in the public records.
Ms. Carpenter said the City's ordinance requires that even if a
legal boundary plat is recorded in the public records and the
owner of the property desires to cut the parcel into smaller lots
for the purposes of sale, he must replat the property all over
again. She said this does not garner any additional fees for the
City or the County.
Ms. Carpenter said due to the City's site plan procedure being
amended in Chapter 21, this will require the payment of
appropriate impact fees and will call for the equivalent of a plot
plan to be filed, if a developer chooses not to replat the
property.
Ms. Carpenter said Staff has no objections to this request and has
written a similar set of changes in the Land Development Code,
which will come before the Planning Commission in workshops, but
the applicant did not want to wait for the City and wanted to move
forward.
Ms. Carpenter said the Staff has processed their application as a
text change and the Planning Commission has recommended approval
of this text change.
City Council
4/8/92/KJ
Page 6
Regular Meeting
C/M Katz sai
allowing for
and asked if
d
the City does not dilute the restrictions by
not having to replat if it is part or in subdividing,
the restrictions are being changed or diluted.
Ms. Carpenter said if there are notes on the plat and the
developer wants to change those two provisions, he is not required
to replat but he would be required to bring a delegation request
through the Council to have the Council agree or disagree on the
content of that particular restriction. She said it will not
change it from what it currently is.
Mayor Bender OPENED and CLOSED the Public Hearing with no
response.
VOTE: ALL VOTED AYE
12.b. Mr. Kraft read Temp. Ord. #1598 by title.
C/M Katz MOVED to APPROVE Temp. Ord. #1598, SECONDED by
V/M Schumann.
Ms. Carpenter said this implements the plot plan requirements
wherein if the developer did not choose to replat or plat the
property with individual lots, then a bounded plat would be
allowed under Item 12.a. Under Item 12.b., they would be required,
at the time of site plan, to provide an additional document called
a plot plan, which is the equivalent of a replat and it does not
require them to go through all of the platting steps in the City
or the County, but does achieve the same thing in the end.
Mayor Bender OPENED and CLOSED the Public Hearing with no
response.
VOTE: ALL VOTED AYE
14. PUBLI_CHEARING - MOTION TO„AQQXj Temg_ Ord_ #1602 on
�, ,
second 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
SYNORSIS Or ACTION* ORDINANCE 0-92-22-PASSED
Public Hearing was held. APPROVED on second and final reading.
Mr. Kraft read Temp. Ord. #1602 by title.
C/M Katz MOVED to APPROVE Temp. Ord. #1602, SECONDED by
C/M Schreiber.
Ms. Carpenter said the City has applied 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 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-1C 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
11
L'
City Council Regular Meeting
4/8/92/KJ
Page 7
R-1C will allow the continuance of the restaurant and it 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.
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.
1163+-f
ALL VOTED AYE
15. PUBLIC HEARING - on
second reading to vacate and abandon 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 Off'_ ACTION: ORDINANCE 0-92-23-PASSED
Public Hearing was held. APPROVED on second and final reading.
Mr. Kraft read Temp. Ord. #1603 by title.
C/M Katz MOVED to APPROVE Temp. Ord. #1603, SECONDED by
V/M Schumann.
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 had originally
requested a 30-foot exclusive easement and they are now requesting
it to be 25 feet from the rear property line back. She said the
25-foot easement will not provide for any drainage improvements in
the future. She said if any should be contemplated, the drainage
situation would remain as it currently is.
Ms. Carpenter said Staff recommends approval of this vacation
subject to the retainage of a 10-foot easement for the utility
companies and a 25-foot exclusive easement for Tamarac Utilities
West.
Mayor Bender OPENED the Public Hearing.
C/M Schreiber asked why it is being requested to reduce the
easement from 30 feet to 25 feet, which may eventually be a
problem. He asked what will happen if a problem arises.
City Council Regular Meeting
4/8/92/KJ
Page 8
Ms. Carpenter said Council needs to weigh the balance between
giving the people the use of the additional five feet in the rear
of their back yard, where there currently is no drainage problem
and there is no drainage problem anticipated in the future, versus
retaining the additional five feet in the event that conditions
would change, such that drainage would be required.
C/M Schreiber asked if the applicant would provide a covenant in
the event that there is a drainage problem in the future and Ms.
Carpenter said Staff has not asked for that.
Dick Coker, attorney representing Grenadier Homes, said when this
property is vacated, the property goes to the single-family homes
in the Woodlands and becomes part of each individual lot owner's
property. He said the drainage issue that is being discussed and
brought up by the Engineering Department is a drainage issue for
these lots, not for the City of Tamarac.
Mr. Coker said there is no drainage problem and no person affected
by a drainage problem if one did exist, except for the single-
family homeowner lot that is receiving this right-of-way. He said
this does not affect any one in the City nor the City itself,
except for the property owner receiving the right-of-way.
C/M Katz said the City has a similar situation on NW 71 Place,
between the Isles of Tamarac and Kings Point which affects
approximately a dozen people; however, they are looking to the
City for remedying and readdress. He said he would not be willing
to give up the additional five feet unless a sign -off was received
from each of these individuals stating that if a problem ever
arose, that it would be their responsibility and they would not
look for a remedy from the City.
C/M Abramowitz said NW 64 Avenue is a road that does not affect
anyone in the City. He said the City allowed the developer on the
west side, in the City of Lauderhill, to develop that piece, for
which the City paid nothing. He said the one --third balance of the
road, does not affect anyone in Tamarac. He said if it is not
vacated and the balance of the road must be put in, the City will
have to spend approximately $130,000 for it.
C/M Abramowitz suggested having each individual being affected,
indicate that if there is a problem and they do come to the City,
and let it ride with the land, that these individuals indicate
that they will give the City the right-of-way without any
objections.
Mr. Coker said it would be easier to take the 30 feet, if that is
the concern of Council. He said the property owner will still be
able to use that property as their back yard, subject to the
City's easement.
Mayor Bender CLOSED the Public Hearing with no further response.
VOTE: ALL VOTED AYE
7
City Council Regular Meeting
4/8/92/KJ
Page 9
3. Items listed under Consent Agenda, Item 3, 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. MOTJQH TO APPROVE the minutes of the following City
Council meetings:
1. 3/17/92 - Special Meeting
•• a
b• NOTION TO APPEM renewal of a model sales and
administrative facility for COLONY COVE in Building 3,
Unit 15, for a six-month period from 5/28/92 to
11/28/92.
E414 �• • •
c MOTION TO APPEM renewal of a model sales permit for
WESTWOOD PINES in Building 5, Units 523 and 525, for a
six-month period from 5/14/92 to 11/14/92.
APPROVED
d• MOTION TQ APEROVE renewal of a model sales permit for
VERSAILLES GARDENS for a six-month period from 4/24/92
to 10/24/92.
e MOTIOR TO APEROVE attendance by members of the Fire
.Department at the following seminars:
1. Florida Fire Mechanics Seminar - Orlando, Florida -
4/12/92 through 4/17/92 - (Dowling and Kinney)
2. CLINCON - EMS Conference - Orlando, Florida - Four
Days - (Van Mehren)
3. Insurance Services Office/Fire Suppression Rating
Schedule Seminar - Atlanta, Georgia - 5/11/92
through 5/12/92 - (Budzinski)
4. National Fire Prevention Association 96th Annual
Meeting - New Orleans, Louisiana - 5/17/92 through
5/21/92 - (Budzinski)
APPROVED
City Council Regular Meeting
4/8/92/KJ
Page 10
f, releasing
performance Letter of Credit #15855 in the amount of
$39,342.00 posted for public improvements at the POINTE
PLAZA project subject to receipt of a one-year warranty
bond in the amount of $9,835.50.
RESOLUTION R-92-46-PASSED
APPROVED
g,#6253 approving
assignment of one (1) ERC from Sachs Klemow, Inc., to
Ernest and Sara Gafni, Lot 63 of WOODMONT TRACT 57.
SYNOPSIS Or ACTION: RESOLUTION R-92-47-PASSED
APPROVED
h. 1. accepting a
bill of sale for the water distribution and sewage
collection system improvements for the WATER'S
EDGE project.
2, approving
assignment of the Water and Sewer Developer's
Agreement for the WATER'S EDGE project from J&A
Property Developers, Inc., to Water's Edge of
Tamarac, Inc.
RESOLUTION R-92-48-PASSED
SYNOPSIS OF ACTION__ RESOLUTION R-92-49-PASSED
APPROVED 3.h.1. and 3.h.2.
V/M Schumann MOVED to APPROVE the Consent Agenda, SECONDED by
C/M Schreiber.
VOTE: ALL VOTED AYE
r.ONSIDERATIONS
4. 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 (tabled on 3/25/92).
SYNOPSIS QF ACTION*
APPROVED Council vacation from July 7, 1992 to August 4, 1992.
C/M Abramowitz MOVED to APPROVE the Council vacation to be from
July 7, 1992 to August 4, 1992, SECONDED by C/M Katz.
C/M Abramowitz said these dates will allow for the City Council to
be present for the Fourth of July festivities and to allow for the
City Manager to present Council with the Budget.
Mr. Kelly said he receives from Mr. Markham, the Property
Appraiser, the appraised value of the property on July 1 or 2 and
July 3 is the Holiday. He said in the past, with the conflicts, he
had presented the Budget prior to the time that Mr. Markham had
provided the City with this information.
Mr. Kelly said this will be the first time that the City will have
the right information and a more realistic budget will be able to
be prepared and presented to Council on July 6, 1992. He said the
problem this presents is that the Council's official vacation date
is through August 4, 1992 and the City Manager is required to send
to Mr. Markham, a tentative millage rate on or about the first of
August. He said it is his hope that all of Council will not fully
exercise the privilege of being away for the entire duration of
the four weeks.
City Council Regular Meeting
4/8/92/KJ
Page 11
Mr. Kelly said the tentative millage rate will not be able to be
raised after it is sent to Mr. Markham, it will only be able to be
lowered.
VOTE: I ALL VOTED AYE
P,N'lic Services "gartment
5. a. XOTION TO APPROVE Change Order #2 to the contract with
Utilities Services, Inc., for six revisions to the
contract in the amount of $32,491.27 and to APPROVE an
extension to the completion date of the project by 54
days, with a new completion date of 6/11/92, for TUW
Project 89-40, Water Treatment Plant Expansion,
Phase II.
b. MOTION TO AUTH(?RIZE the transfer of $32,492.00 from
CIAC Account 432-371-586-975 to TUW Project 89-40
Account 432-363-533-6HG to fund this expenditure for TUW
Project 89-40, Water Treatment Plant Expansion,
Phase II.
APPROVEDand 5.1
5.a. C/M Abramowitz MOVED to APPROVE Change Order #2, SECONDED
by C/M Katz.
Peter Procopio, Utilities Engineer, said this is a change order
that involves the old accelator. He said the City recently put in
a new accelator which mixes the City's raw water with lime and
softens the water for the customers. He said what was found is
that when Staff sandblasted the existing tank that was in service
over a long period of time, the metal and structural members
inside the tank had badly deteriorated and while the tank is down,
the Staff needs to change or upgrade the structural members that
had deteriorated, which is what the vast majority of this change
order concerns.
Mr. Procopio said the first five items involved taking structural
members out and replacing them. He said the major cost is the
compression ring on the top of the accelator, which not only holds
the accelator together, but is a main structural member when it is
taken off and replaced because it is in very poor condition. He
said $13,000 is to purchase a new compression ring and $1,500 is
to install the compression ring. He said the other items listed
are miniscule but are necessary and this should be the last change
order on this project.
C/M Abramowitz asked what the two million dollars purchased for
the City and Mr. Procopio said it purchased the new accelator
which is erected and in service as well as extended one of the
silos for more capacity for lime.
V/M Schumann asked what the normal life is for the accelator and
Mr. Procopio said indefinitely, if periodic repairs are done.
Mr. Couzzo said the City will have,the ability to do regular
maintenance due to having the two accelators of the same capacity
for rotating repairs.
C/M Schreiber asked if it is normal procedure for Utilities
Services, Inc., to retain subcontractors adding 15% onto the cost
and Mr. Procopio said that is part of the agreement.
VOTE: ALL VOTED AYE
5.b. C/M Schreiber MOVED to APPROVE Item 5.b., SECONDED by
C/M Katz.
VOTE: ALL VOTED AYE
City Council
4/8/92/KJ
Page 12
Regular Meeting
TAPE 3
6. MOTION TO AEPROVE the construction of a 5--foot wide
sidewalk on the south side of Southgate Boulevard between Nob
Hill Road and NW 93 Avenue and At�HORTZATTnN to transfer
$6,400.00 from Contingency Account 001-872-588-975 to Streets
and Roads Materials Account 001-411-541-467 to fund this
construction.
,•- .. •,
--M far
C/M Abramowitz MOVED to APPROVE Item 6, SECONDED by C/M Katz.
C/M Schreiber questioned the calculations of the cost of the
construction of the sidewalk.
Mr. Couzzo said the $6,400 is being requested to be transferred
from Contingency to an Operating account to provide for the
materials for the construction of the site and the labor equals
the balance of the $12,500 which will be provided by the
Department, which is already encumbered. He said approximately
half of the project will be labor and half will be materials and
will be handled in-house. He said the total actual cost of this
project is estimated at $12,500.
C/M Katz asked if the City had allocated $25,000 in the budget for
the construction of the sidewalks and Mr. Kelly said it was
discussed but not acted upon.
V/M Schumann said this is the third time this has come before
Council and it was defeated previously. He said the electorate of
the City voted against the sidewalk issue.
C/M Abramowitz said the Referendum that went before the public was
for the City to borrow a million dollars for the sidewalks, which
was voted down. He said this item regards the health, safety and
welfare of the residents. He said previously, the decision was to
wait for the sale of the old City Hall, which has been sold and
the money is in hand. He said he would like to see this approved,
based on the amount of traffic on Southgate Boulevard in this area
and the amount of pedestrians using this area. He said if there
was another area in the City that would have a situation with a
safety factor, he would vote in favor for it in that area.
V/M Schumann said he is aware of the safety factor; however, the
City is in need of sidewalks everywhere. He said there are many
sections that need sidewalks and it would be an injustice to favor
one section and not do it for the others.
C/M Katz said he had voted against this previously for the reason
that money was never allocated. He said he understood that money
was to be allocated to be addressed and asked if this money should
be coming out of that capital expenditure.
Mr. Kelly recommended that if Council is going to approve this,
that it be taken from Contingency, which is the easiest way to do
it. He said Council never acted on the $25,000, and in order to
act on any of the money from the sale of the old City Hall,
Council must hold two Public Hearings and amend the budget in
order to allocate any of this money.
C/M Schreiber said he agrees with V/M Schumann regarding the fact
that the Referendum was turned down. He said there is no question
that there is a need for sidewalks all over the City in various
areas. He said Council should put this up for Referendum again or
find the funds to handle this task. He said that arbitrarily
providing this section with sidewalks would not be fair to
everyone else.
City Council Regular Meeting
4/8/92/KJ
Page 13
C/M Abramowitz said in surveying the various areas of the City,
there are two areas which border a major thoroughfare that do not
have a sidewalk on at least one side 'of the street. He said one is
Southgate Boulevard and the other is a small portion of NW 81
Street, going south about 400 yards.
C/M Abramowitz asked what sections have requested sidewalks from
the other Council members, other than this area. He said the
interior areas are not being discussed at this time, but the
streets that border the major roads. He said he has not received
one request from any other area to install a sidewalk, and if
there has been a request, he would like to know about it.
V/M Schumann said the fact that no other section has requested
this has no bearing on this case. He said there are other major
thoroughfares that have no sidewalks, such as McNab Road. He said
this will do an injustice to other areas in the City to favor this
area and not others.
VOTE:
C/M
Abramowitz
- AYE
C/M
Katz
- AYE
C/M
Schreiber
- NAY
V/M
Schumann
- NAY
Mayor Bender
- AYE
7• authorizing the
appropriate City officials to execute a contract with Kimley-
Horn and Associates, Inc., for traffic engineer/traffic
planner services (tabled on 3/25/92).
NOPSIS OF' ACTION* RESOLUTION R-92-50-PASSED
APPROVED
Mr. Kraft read Temp. Reso. #6237 by title.
C/M Katz MOVED to APPROVE Temp. Reso. #6237, SECONDED by
C/M Abramowitz.
Kelly Carpenter, Director of Community Development, said this is a
contract which Council authorized the Staff Negotiating Committee
to negotiate with Kimley-Horn and Associates, Inc. She said the
Committee is urging Council to approve this contract in the amount
of $29,160. She said the purpose of the contract is to seek the
assistance of an expert traffic engineer to assist the City in
identifying and justifying the capital projects -that will be
funded with the local traffic impact fee.
VOTE:
ALL VOTED AYE
8. a. approving a site
plan, along with a Blanket Public Safety Ingress/Egress
Easement, an Agreement and Covenant Running With The
Land for a wall located in a Utility Easement, and a
First Amendment to a Water and Sewer Developer's
Agreement for the MALVERN project (located north and
west of Westwood Drive between NW 73 Street and NW 99
Avenue) .
City Council Regular Meeting
4/8/92/KJ
Page 14
8. b. 1. vacating a
Water Main Easement for the B06LVERN project which
was originally accepted in 1987 for Phase 1 of the
Hidden Hollow Apartments project,
Petition #11-Z-92.
2. MOTION TO ADOPT TeMM_ Rego_ #62JA vacating a
Water Main Easement for the MALVERN project which
was originally accepted in 1987 for Phase 2 of the
Hidden Hollow Apartments project,
Petition #11-Z-92.
C. 1. MOTION TO ADOPT,Tem 46257 vacating a
Sanitary Sewer Easement for the MALVERN project
which was originally accepted in 1987 for Phase
of the Hidden Hollow Apartments project,
Petition #12-Z-92.
2. vacating a
Sanitary Sewer Easement for the MALVERN project
which was originally accepted in 1987 for Phase 2
of the Hidden Hollow Apartments project,
Petition #12-Z-92.
d. vacating a Public
Safety Ingress/Egress Easement for the MALVERN project
which was originally accepted in 1987 for the Hidden
Hollow Apartments project, Petition #13-Z-92.
e, vacating a non -
vehicular access line along Westwood Drive as shown on
the plat for Hidden Hollow Apartments to allow for
revised entrance and emergency exits for the MALVERN
project, Petition #14-Z-92..
f. MOTION�TO ADOPT Temp_ Rego_ Jfi259 vacating the east
5-feet of a 20-foot Utility and Drainage Easement as
shown on the plat for Hidden Hollow Apartments to allow
for the construction of privacy walls for each of the
proposed villas at the MALVERN project,
Petition #15-Z -92.
RESOLUTION
RESOLUTION
RESOLUTION
RESOLUTION
RESOLUTION
RESOLUTION
RESOLUTION
RESOLUTION
• • : • ,
• IM
R-92-51-PASSED
R-92-52-PASSED
R-92-53-PASSED
R-92-54-PASSED
R-92-55-PASSED
R-92-56-PASSED
R-92-57-PASSED
R-92-58-PASSED
8.a. Mr. Kraft read Temp. Reso. #6255 by title.
V/M Schumann MOVED to APPROVE Temp. Reso. #6255, SECONDED by
C/M Schreiber.
Ms. Carpenter said this is the site plan for the Malvern project.
She said this site plan includes a blanket safety ingress/egress
easement, an agreement and covenant running with the land for a
wall located in a utility easement and a first amendment to a
water and sewer developer's agreement for the Malvern project.
Ms. Carpenter said the project is located on Westwood Drive,
between NW 73 Street and NW 99 Avenue and is east of the existing
Pointe Plaza Shopping Center.
Ms. Carpenter said the applicant is requesting final site plan
approval for residential property located north of Westwood Drive.
She said the request includes a 110 unit multi -family project and
City Council Regular Meeting
4/8/92/KJ
Page 15
recreation area, 18 buildings of one-story attached villas, each
having a garage, a pool, cabana and a shuffle board court at the
recreation area, a secured entrance across from NW 97 Avenue and a
landscaped wall with an aluminum picket fence along Westwood
Drive.
Ms. Carpenter said the request for multi -family at this location
is in compliance with the Land Use Plan since the site is
designated medium -density residential on the Plan. She said the
application for a rezoning of a portion of this property to R-3
was considered as Item 13 on this agenda.
Ms. Carpenter said the applicant has applied for a parking waiver,
which was heard as Item 11 on this agenda for easement vacations
which are in Item 8.b. She said there is also a delegation
request for the removal of a non -vehicular access line and a wall
height waiver. She said approval of all of these waivers is
required prior to the site plan being approved.
Ms. Carpenter said the parking waiver and the wall height waiver
were reviewed by the Planning Commission prior to coming before
Council. She said the wall height waiver is inside the site plan
and is not an item standing alone. She said the wall is six feet
high, but on top of the wall, in certain locations, there is a
decoration which is one foot, six inches taller than the Code
allows. She said the waiver for the wall is in Section 24-635 of
the Code.
Ms. Carpenter said the Site Plan and Plat Review Committee
reviewed and recommended approval of this application at its March
24, 1992 meeting, subject to the comments attached to the backup,
of which have been met. She said Staff has determined the
following: 1) the parks and recreation fee in the amount of $95
per unit has been paid. 2) the engineering fee was paid for the
Hidden Hollow site plan by Cardinal Industries. This fee was
primarily not used by the City for the review and inspection
purposes for which it is designed because the Hidden Hollow
project died.
Ms. Carpenter said the City has taken the position that the
engineering fees in the amount of $63,000 that were paid by
Cardinal Industries for the Hidden Hollow project are transferable
to the Malvern site and an additional fee is not due.
Ms. Carpenter said in reviewing the Cardinal stipulation of 1985,
Staff has also determined that the agreement says that there will
be no impact fees charged on Hidden Hollow sites, so there are no
impact fees to be paid. She said the park and recreation fees were
the only outstanding fees and have been paid in the amount of
$10,450.
Ms. Carpenter said a meeting was held with the Westwood community
and the site plan has been revised to respond to neighborhood
concerns which address the wall along Westwood Drive. She said the
site plan has been revised to respond to the Federal Americans
with Disabilities Act requirements.
Ms. Carpenter said the Planning Commission reviewed this item on
April 1, 1992 and have recommended approval of this site plan. She
said the Staff has also recommended approval.
C/M Abramowitz asked if it has been determined that a transfer can
legally be made out of Hidden Hollows account to the Lennar Homes
account, based on their bankruptcy.
Mr. Kraft said he believes an understanding has been reached with
Lennar regarding the engineering fees and that those fees would be
applicable to them.
Ms. Carpenter said traffic impact fees and park impact fees
usually flow with the property and it is generally assumed that
engineering fees do not flow with the property; however, the City
City Council Regular Meeting
4/8/92/KJ
Page 16
is holding $63,000 in engineering fees for this piece of property,
which would have to be paid all over again for the review of this
site plan. She said the Staff and the City Attorney have made the
recommendation that the City not recharge the fees. She said the
portion regarding whether or not Cardinal Industries has any right
to that money was not addressed.
C/M Abramowitz asked if the bankruptcy courts have approached the
City in any way regarding the monies held by the City for the
property and Ms. Carpenter said she is not aware that they have
and Mr. Kraft agreed.
V/M Schumann asked if these funds are refundable and Ms. Carpenter
said if a permit is issued, then the City takes the position that
these funds are not refundable.
C/M Abramowitz said he has no objection to the transfer of money
from one entity to the other. He said he does not want the courts
to come back to the City weeks later demanding this money.
Nick Condorousis, representative of Lennar Homes, said everything
that is pertinent to this land ran with this land.
C/M Katz requested that a stipulation be made that if those funds
have to be returned, Lennar Homes would make up the difference for
these funds.
Mr. Condorousis stipulated that in the event that a claim for all
or a portion of the engineering fee paid on the Hidden Hollow
parcel, Tracts 41 and 42, is made against the City, Lennar will
make it good to the City for all or part of the claim.
VOTE: ALL VOTED AYE
8.b.1. Mr. Kraft read Temp. Reso. #6261 by title.
C/M Katz MOVED to APPROVE Temp. Reso. #6261, SECONDED by
V/M Schumann.
Ms. Carpenter said when the Hidden Hollow project was platted,
there were water line easements given to the City. She said the
City's engineering policy, with respect to the vacation of these
easements which are not needed to serve the Malvern project is the
following: a) there is a plat following this site plan, which is
behind it by about four weeks, b) the requirement of the
Engineering Department for the production of the new easements is
that there will be no Certificates of Occupancy issued for the
project until the City is the holder of the title of these
easements.
Ms. Carpenter said the City is vacating the easements which were
put in for Hidden Hollow and will expect, on the plat and prior to
any Certificates of Occupancy, the water main easements for the
Malvern project. She said this presentation applies to Items
8.b.1. and 8.b.2.
VOTE: ALL VOTED AYE
8.b.2. Mr. Kraft read Temp. Reso. #6256 by title.
C/M Katz MOVED to APPROVE Temp. Reso. #6256, SECONDED by
C/M Schreiber.
VOTE: ALL VOTED AYE
8.c.1. Mr. Kraft read Temp. Reso. #6257 by title.
C/M Katz MOVED to APPROVE Temp. Reso. #6257, SECONDED by
V/M Schumann.
Ms. Carpenter said this is the same as in Item 8.b., except it is
for sewer in Items 8.c.1. and 8.c.2. instead of water.
City Council Regular Meeting-
4/8/92/KJ
Page 17
VOTE:
ALL VOTED AYE
8.c.2. Mr. Kraft read Temp. Reno. #6262 by title.
C/M Katz MOVED to APPROVE Temp. Reno. #6262, SECONDED by
V/M Schumann.
VOTE: ALL VOTED AYE
8.d. Mr. Kraft read Temp. Reno. #6258 by title.
C/M Katz GLOVED to APPROVE Temp. Reno. #6258, SECONDED by
C/M Abramowitz.
Ms. Carpenter said this vacates the Public Safety Ingress/Egress
Easement which was put on the property by Cardinal Industries for
Hidden Hollow Apartments. She said this is a blanket easement that
covers the entire site.
VOTE: ALL VOTED AYE
8.e. Mr. Kraft read Temp. Reno. #6260 by title.
C/M Schreiber MOVED to APPROVE Temp. Reno. #6260, SECONDED by
C/M Abramowitz.
Ms. Carpenter said this is the vacation of the non -vehicular
access line along Westwood Drive and runs from the west end to the
east end of the project. She said the applicant is requesting that
it be vacated in its entirety in order to accommodate the changed
entrance and the three emergency fire exits. She said the
applicant has confirmed with its traffic engineer that the removal
of the non -vehicular access line will not cause a need for any
additional traffic improvements at the entrance to the project.
She said Staff supports the removal of the non -vehicular access
line.
C/M Katz asked if they are accommodating this in the compacted
area in the rear and Ms. Carpenter said that is for fire use only.
VOTE: ALL VOTED AYE
8.f. Mr. Kraft read Temp. Reno. #6259 by title.
C/M Katz MOVED to APPROVE Temp. Reno. #6259, SECONDED by
C/M Abramowitz.
Ms. Carpenter said the Engineering Department has determined that
a 15 foot Utility and Drainage Easement will suffice. She said
Staff is supporting this application.
VOTE: ALL VOTED AYE
9• accepting the
Comprehensive Annual Financial Report, of which the Auditors
Report prepared by Grant Thornton is a part, for Fiscal Year
Ending 9/30/91.
RESOLUTION R-92-59-PASSED
APPROVED
Mr. Kraft read Temp. Reno. #6264 by title.
C/M Katz MOVED to APPROVE Temp. Reno. #6264, SECONDED by
C/M Schreiber.
City Council Regular Meeting
4/8/92/KJ
Page 18
Mr. Kelly said Council received a copy of the audit and this item
is to accept the audit if Council determines that it is
acceptable.
C/M Abramowitz asked if Council is passing judgment on the context
and Mr. Kelly said, no.
C/M Schreiber questioned the text on Page 117 referring to Pages
123 and 124 of the Report which do not exist and Mary Blasi,
Finance Director, said that should read, "Pages 118 and 119".
C/M Schreiber questioned some information on Page 115 and Ms.
Blasi suggested a workshop be held for explanations on the context
of the report.
Ms. Blasi said Grant Thornton gave the City an unqualified
opinion, which is the best opinion that can be received. She said
this is to conform with the State requirements.
VOTE: ALL VOTED AYE
10. approving a contract
with Dr. H. Wayne Lee to provide medical director services to
the Fire Department and AUTHORIZING the transfer of
$6, 000.00 from Fire Salaries Account 001-223-522--120 to Other
Contractual Services Account 001-223-522-340.
SYNOPSIS OF ACTION: RESOLUTION R-92-60-PASSED
APPROVED
Mr. Kraft read Temp. Reno. #6265 by title.
C/M Abramowitz MOVED to APPROVE Temp. Reso. #6265, SECONDED
by C/M Katz.
Mr. Kelly said there is a need for the City to engage the services
of a Medical Director for the Fire Department. He said this is a
requirement by EMS and the County in order to apply for grants in
the future. He said Dr. Lee will be present at the Station and
will guide the Staff in the use of the defibrillators and other
such equipment. He said $1,000 per month is a modest fee for the
services that Dr. Lee will be providing. He said Dr. Lee will be
available 24 hours per day to the City.;
TAPE 4
VOTE: ALL VOTED AYE
16. on first reading to
revise Section 19-3 of the Code to include aluminum and glass
as additional recyclables for single family and to implement
a multi -family recycling program to include newspaper and
aluminum.
SYNOPSIS -, -OF _ - ,AS TJLQN.L
APPROVED on first reading. Public hearing and second reading will
be held on Wednesday, April 22, 1992 at 10:00 a.m.
Mr. Kraft read Temp. Ord. #1605 by title.
C/M Katz MOVED to APPROVE Temp. Ord. #1605, SECONDED by
C/M Abramowitz.
Dina McDermott, Assistant City Manager, said this is an ordinance
to expand the single-family recycling program from newspaper
collection to include glass and aluminum beverage cans. She said
City Council Regular Meeting
4/8/92/KJ
Page 19
this is also to implement the multi -family recycling program in
the Code to include newspaper and aluminum collection.
Mr. Kelly said Staff is meeting to discuss Public Works making the
distribution of the bins to begin next week.
C/M Katz referred to Item D of the change in the Code regarding
the unauthorized collection being a violation of the ordinance and
asked why this does not address the new recyclables and suggested
it be added to the ordinance.
Ms. McDermott said the City has a contract with Southern
Sanitation for the recycling of newspapers for the single-family
homes with approximately two years left on this contract. She said
the North Cities Group recently participated in a bid process and
the lowest, fully responsive bid was with All Service Refuse to
expand the single-family home program to include aluminum cans and
glass.
Ms. McDermott said All Service Refuse will be recycling for the
multi -family homes, aluminum cans and newspapers. She said Tamarac
had received, as a part of the North Cities Group, a few hundred
thousand dollars for recycling trucks and containers. She said
from April 20 through May 1, 1992, the City of Tamarac will
distribute one twelve -gallon recycling container to each single-
family home.
Ms. McDermott said Public works will also distribute 95 gallon
toter containers to the multi -family sites, which will fit inside
dumpster rooms, trash enclosures or dumpster enclosures. She said
the ordinance does need to have included the language regarding
clear glass and aluminum.
C/M Schreiber asked when the charges will be visible to the public
for the two separate phases of the recycling effort.
Ms. McDermott said the City currently charges $.76 for single-
family and the City is contractually obligated to increase the
rate to $.80 with Southern Sanitation. She said the City's new
contract with All Service Refuse for single-family will be $1.50
per unit per month and multi -family will be charged $.65 per unit
per month. She said the City is not billing anyone that comes on
line in May until June 1, 1992 and the billing for those coming on
line in June will be billed beginning August 1, 1992 and no one
will be billed prior to recycling.
V/M Schumann asked where these containers are currently located
and Ms. McDermott said they are being stored in Lauderhill.
Mr. Kelly said the City owns these containers.
V/M Schumann asked if there are two contractors handling recycling
and Mr. Kelly agreed.
Ms. McDermott said these pickups will be handled on the same days.
She said the City is trying to remain consistent for the
residents, especially the single-family homes that are already
recycling.
Ms. McDermott said the City is attempting to put together a bid
package that will include every option available for garbage
service.
C/M Abramowitz said the City has no control over the rates or the
pickup. He said the County tells the City what is to be done and
the municipalities are fighting this as much as possible.
Ms. McDermott said the term, "MRF" means, Multi -Resource Facility,
which is where all of the recycling materials can be taken to be
delivered to the sorting facility. She said Broward County is
currently discussing the building of such a facility. She
explained that when the terms, "clean" or "dirty" are used, this
City Council Regular Meeting
4/$/92/KJ
Page 20
means whether the recyclables are sorted properly or mixed with
other garbage.
Ms. McDermott said the County Office of Integrated Services is
currently looking into the tipping fees and a proposed 80/20 split
between the County and Browning Ferris Industries. She said the
contract that Council approved on February 19, 1992 with All
Service Refuse provides that once revenues are received, the City
will receive a 50/50 split. She said Browning Ferris Industries
has given the County a different type of program which would
supersede the City at the landfill. Further explanation was given
regarding the County/BFI program.
V/M Schumann asked if the new specs for the contract will include
reiteration to the City and Ms. McDermott said, yes.
C/M Schreiber asked how the City will determine the amount of
revenues and how the records will be audited and Ms. McDermott
said this will be based on tonnage and the records will be
audited.
Ms. McDermott said the single-family program is separate from the
multi -family program. She said the type of demographics and the
locations are very different. She said it is easy to go down the
street and pickup garbage, but it is very different when you have
to handle single-family individual containers. She said some
multi -family areas have over 920 units, which go to a central
location; therefore, the unit cost is cheaper. She said additional
trucks and manpower are necessary to handle this.
VOTE:
ALL VOTED AYE
17. on first reading to
establish a fee of $1.50 per month for single family and
other residences receiving curbside pickup of recyclable
materials and $.65 per month for multi -family residences
receiving dumpster service effective 5/1/92.
SYNOZZIS Or ACTION;
APPROVED on first reading. Public hearing and second reading will
be held on Wednesday, April 22, 1952 at 10:00 a.m.
Mr. Kraft read Temp. Ord. #1606 by title.
C/M Schreiber MOVED to APPROVE Temp. Ord. #1606, SECONDED by
V/M Schumann.
Ms. McDermott said this is an ordinance that provides for the rate
change which will include taking the $.76 per unit per month of
single-family homes and increasing it to $1.50. She said this will
also be implementing a rate for multi -family recycling at $.65 per
unit per month.
VOTE: ALL VOTED AYE
REpoRTs
18.
V/M Schumann - No report.
C/M Katz said he successfully walked the full 20 kilometers for
the March of Dimes and raised $300.
C/M Schreiber requested that Council agendize for discussion of
the conduct at public meetings. He requested the following: 1) an
increase in the public participation time limit from three minutes
to five minutes, 2) Council respond to the public's questions, 3)
all Consent Agenda items be worded in layman's language
understandable to the public, 4) all items on the Regular Agenda
and Public Hearings be explained thoroughly so the public can
City Council Regular Meeting
4/8/92/KJ
Page 21
understand what is being discussed, and 5) the public be permitted
to speak to Council at Special meetings held in the conference
rooms prior to the Council decision -making process.
C/M Abramowitz said the "We Care" Program is going well.
C/M Abramowitz said the Recycling Program has been a frustrating
ordeal, but the Five Cities Group received $600,000 in grant funds
and it is good that this program has become a reality.
Mayor Bender said Council must establish a time schedule for
discussion of Charter amendments to appear on the September
Referendum. He requested that the City Manager notify Charter and
Council on meeting the deadline.
Mayor Bender said he has been besieged by calls concerning cable
television. He requested a workshop be held to further discuss
this situation.
19. City Attorney
Mr. Kraft - No report.
20.
Mr. Kelly said there will be a Town Hall meeting on Monday, April
13, 1992 at 1:00 p.m. in the Council Chambers to explain the new
Recycling Program for the Multi -family units and each association
president and the property owners will be invited to attend.
Mr. Kelly said the Chamber of Commerce and the City are sponsoring
a small business workshop to be held on Wednesday, April 29, 1992
at 5:00 p.m. in the Council Chambers and the topic is "Business
Success and How to Market the Businesses". He said this is
directed to the smaller businesses in the City. He said any
interested parties may respond to the City Manager's Office.
Mr. Kelly said Council has a host of issues that need to be
discussed and requested that Council begin to schedule weekly
meetings to handle the various topics.
With no further business, Mayor Bender ADJOURNED this meeting at
9:40 p.m.
w
p H. . BENDER
MAYOR
CAROL A. EVANS =
CITY CLERK
CITY OF T.AMARAC
APPROVED AT MEETING OF3 2 -.