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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 -.