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HomeMy WebLinkAbout1993-04-14 - City Commission Regular Meeting MinutesCity Council Regular Meeting 04/14/93/PP Page 1 CITY OF TAMARAC CITY COUNCIL REGULAR MEETING WEDNESDAY, APRIL 14, 1993 CALL TO ORDER: Mayor Bender called this meeting to order on Wednesday, April 14, 1993, at 7:00 P.M. in Council Chambers of Tamarac City Hall, 7525 Northwest 11th Avenue, Tamarac, Florida. FLEDGE OF ALLEGIANCE: Mayor Bender called for the Pledge of Allegiance. Mayor H. Larry Bender Vice Mayor Irving Katz Councilman Norman Abramowitz Councilman Joseph Schreiber Councilman Henry Schumann Dina McDermott, Assistant City Manager Mitchell S. Kraft, City Attorney Carol A. Evans, City Clerk Phyllis Polikoff, Secretary 20. MOTION TO AGENDIZE the issuance of a Hold Harmless Agreement to University Hospital to paint wall at Tamarac Park. 5XNQRSIS OF ACTION AGENDIZED by Consent (See Page 4 for discussion and final action) C/M Schumann MOVED to AGENDIZE the issuance of a Hold Harmless Agreement with University Hospital to paint the wall at. Tamarac Park, SECONDED by C/M Abramowitz. VOTE: ALL VOTED AYE 1. ANNOUNCEMENT of two vacant positions on the Code Enforcement Board. Mayor Bender announced two vacant positions existed on the Code Enforcement Board and interested residents could file an application at the City Clerk's Office. 2. PUBLIC PARTICIPATION - Any member of the public may speak to any issue which is not agendized for public hearing at this meeting. Speakers will be limited this item and at public hearings. to There three minutes will be a during 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. Jo Wright, Tamarac Lakes North, expressed her thoughts about the garbage contract and questioned how billing would be handled for back yard pick-up and at the Clubhouse. Mayor Bender asked Dina McDermott, Assistant City Manager, to respond to Ms. Wright. City Council Regular Meeting 04/14/93/PP Page 2 Sharon Machek, resident of Northwest 84th Street, voiced her concerns about vandalism at Tamarac Elementary School and methods to resolve the problem. C/M Abramowitz said he would look into the matter. 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. It discussion is desired, then the item(s) will be removed from the Consent Agenda and will be considered separately. a. MOTION TO APPROVE the minutes of the following City Council meetings: 1. 3/10/93 - Regular Meeting 2. 3/16/93 - Special Meeting 3. 3/24/93 - Regular Meeting SYNOPSIS OF ACTION: APPROVED b. MOTION TO_APPROVE renewal of a model sales permit for GRANVILLE BUILDING J, Units 301 and 307, along with a waiver of ten parking spaces and waiver of the 300-foot distance requirement for issuance of certificates of occupancy for a six-month period from 5/27/93 to 11/27/93. SYNOPSIS OF ACTION: APPROVED C/M Schreiber MOVED to APPROVE Consent Agenda Item 3, SECONDED by C/M Schumann. VOTE: ALL VOTED AYE 4. MOTION TO DETERMIN the four (4) consecutive week period during which the City Council will not meet in 1993 pursuant to Section 4.06(a) of the Charter. SYNOPSIS OF ACTION: COUNCIL will not meet 7/6/93 to 8/3/93. C/M Abramowitz MOVED to APPROVE the four -week period from July 6 to August 3 during which Council would not meet, SECONDED by V/M Katz. V/M Katz said the four consecutive week period usually commenced during budget preparation and he suggested putting this matter on a referendum to remove "four consecutive weeks" from the Charter. VOTE: ALL VOTED AYE City Council Regular Meeting 04/14/93/PP Page 3 C 1 C 5. MOTIQN IQ APPR payment in the amount of $38,961.08 Southern Sanitation for debris cleanup as a result of Hurricane Andrew and APPROVAL of the transfer of this from General Fund Contingency Account 001-872-588-975 Solid Waste Disposal Account 001-872-534-341 (FEMA to reimburse City General Fund). to amount to C/M Schreiber MOVED to APPROVE payment of $38,961.08 to Southern Sanitation and APPROVAL of same amount from General Fund Contingency Account to Solid Waste Disposal Account, SECONDED by C/M Abramowitz. Mary Blasi, Finance Director, said FEMA sent a check for total reimbursement and although they retained a portion, it would be returned after an audit. VOTE: ALL VOTED AYE 6. MOTION TQ_APPROVE the transfer of $4,500 from General Fund Contingency Account 001-872-588-975 to General Fund Storm Emergency Preparedness Account 001-872-525-495 for the purchase of items necessary to be properly prepared for a hurricane. SYNOP,5IS OF ACTION: APPROVED C/M Schreiber MOVED to APPROVE the transfer of $4,500 from General Fund Contingency Account to General Fund Storm Emergency Preparedness Account, SECONDED by C/M Abramowitz. Ms. Blasi said Mike Couzzo, Director of Public Services/Assistant City Manager, prepared the list of hurricane preparedness items for the Utilities and Public Works buildings. C/M Abramowitz asked for clarification of the items and report back to Council. VOTE: ALL VOTED AYE 7. MOTION TO AP,gROVE final payment in the amount of $11,098.15 to Utilities Services, Inc., for work performed on TUW Project 88-24, Rehabilitation of Pump Stations 14A and 21 in order to commence the one-year warranty period. C/M Schreiber MOVED to APPROVE final payment of $11,098.15 to Utilities Services, Inc., SECONDED by V/M Katz. Mr. Couzzo stated the contract was satisfactorily completed and Staff recommended approval. He said upon final payment, the City would go from a Performance Bond to a one-year Warranty Bond. C/M Abramowitz asked why there was a difference from that shown in the back-up. Mr. Couzzo said the retention amount was reduced five -percent at a previous Council meeting. VOTE: ALL VOTED AYE City Council Regular Meeting 04/14/93/PP Page 4 8. LOTION TO APPROVE final payment in the amount of $50,314.73 to R.J. Sullivan, Inc., for work performed on TUW Project 88-10, Raw Water Wells 16 and 17 in order to commence the one-year warranty period. APPROVED C/M Schreiber MOVED to APPROVE final payment of $50,314.73 to R.J Sullivan, Inc., SECONDED by V/M Katz. Mr. Couzzo said the project was satisfactorily completed and the cost was reduced $7,700 because some sub -surface work was not done. He added the amount was less than what Council originally approved. C/M Abramowitz asked if the cost was the same as indicated for pump stations 14A and 21 in Item 8. Mr. Couzzo said 14A and 21 were lift stations and 16 and 17 were new raw water wells and the cost was greater to produce raw water wells. VOTE: ALL VOTED AYE 20. MOTION TO APPROVE a Hold Harmless Agreement from City to University Hospital to paint the wall at Tamarac Park. SYNOPSIS OF ACTION APPROVED C/M Schumann MOVED to APPROVE Hold Harmless Agreement from City to University Hospital to paint the wall at Tamarac Park, SECONDED by V/M Katz. C/M Schumann said the wall facing Tamarac Park was dirty and had to be pressure -cleaned and painted by April 29. He asked if there was a problem with the Hold Harmless Agreement for property damage, only, and City Attorney Kraft said, no, and that he would get input from Kelly Carpenter, Director of Community Development, to draw up the Agreement. VOTE: ALL VOTED AYE Mayor Bender requested a recess at 7:28 P.M. and the Meeting reconvened at 7:35 P.M. with the same people in attendance and lie then OPENED the Public Hearing portion of the Meeting. 12. PUBLIC HEARINQ - 4 on second reading concerning a request by Pulte Home Corporation to amend Chapter 24 of the City Code to revise the setbacks for zero -line line structures in RM-10 (Planned Apartment) Districts. Petition #1-Z-93 SYNOPSIS OF ACTION: ORDINANCE 0-93-5-PASSED PUBLIC HEARING held and APPROVED on Second and Final Reading. City Attorney Kraft read Temp. Ord. #1634 by Title. V/M Katz MOVED to APPROVE Temp. Ord. #1634, SECONDED by C/M Abramowitz. 1 1 City Council Regular Meeting 04/14/93/PP Page 5 Ms. Carpenter said this was the Second and Final Reading and the Findings of Fact indicated the Ordinance was a text change and would change the setbacks in the RM-10 Zone. She added the Planning Commissioners and Staff recommended APPROVAL. Mayor Bender OPENED and CLOSED the Public Hearing portion of Item 12 with no further discussion. VOTE: ALL VOTED AYE 13. PURLTQ HEARTHQ - 5 on second reading concerning a request by Pulte Home Corporation to change the use of land from commercial to low -medium residential (6 to 10 units per acre) for Parcel "C" of the LAND SECTION 8 PLAT located on the north side of Commercial Boulevard, east of Nob Hill Road. Petition #1-LUA-93 SYNOPSIS OF ACTION: ORDINANCE 0-93-6-PASSED PUBLIC HEARING held and APPROVED on Second and Final Reading. City Attorney Kraft read Temp. Ord. #1635 by Title. V/M Katz MOVED to APPROVE Temp. Ord. #1635, SECONDED by C/M Schreiber. Ms. Carpenter read the Findings of Fact and said the applicant requested to change the Land Use Map from commercial to low -medium residential for Parcel "C" of Land Section 8 Plat. She said the applicant proposed to construct 470 single-family structures and the Planning Commissioners and Staff recommended APPROVAL. She added this was the Second and Final Reading. Timothy Hernandez, Vice President of Land for Pulte Homes, said there would be 442 units, and not 470, consisting of single-family homes, townhouses and quad -townhouses. Mayor Bender OPENED the Public Hearing portion of Item 13. An audience member from the Isles of Tamarac asked the square footage and the cost of the units. Mr. Hernandez stated single- family homes were $100,000 to $140,000 (square footage 1,300 to 2,000 square feet) and quad -townhouses were $80,000 to $100,000 (square footage 1,100 to 1,400 square feet). Anthony Grimaldi, Sunflower-Heathgate, questioned to whom the homes would be sold. Mr. Hernandez responded that homes would be sold to all segments of the population, including families with children. Mayor Bender CLOSED the Public Hearing portion of Item 13 with no further discussion. VOTE: ALL VOTED AYE 14. UBLIC HEARING - 7 on second reading concerning a request by Pulte Home Corporation to rezone Parcel "C" of the LAND SECTION 8 PLAT (located on the north side of Commercial Boulevard, east of Nob Hill Road) from B-2 (Planned Community Business) to RM-10 (Planned Apartments). Petition #2-Z-93 SYNOPSIS OF ACTION: ORDINANCE 0-93-7-PASSED PUBLIC HEARING held and APPROVED on Second and Final Reading. City Attorney Kraft read Temp. Ord. #1637 by Title. V/M Katz MOVED to APPROVE Temp. Ord. #1637, SECONDED by C/M Schumann. City Council Regular Meeting 04/14/93/PP Page 6 Ms. Carpenter said Petition #2-Z-93 implemented the Land Use Plan Amendment which Council APPROVED in Item 13. Mayor Bender OPENED and CLOSED the Public Hearing portion of Item 14 with no further discussion. VOTE: ALL VOTED AYE 15. PUBLIC HEARING -- MOTION To ADOPT Temp. Ord. #1636 on second reading concerning a request by Pulte Home Corporation to rezone Parcel "A" of the LAND SECTION 6 NORTH PLAT (located on the southeast corner of the Sawgrass Expressway and Southgate Boulevard) from R-3U (Rowhouse) to RM-10 (Planned Apartments) . Petition #7-Z---93. SYNOPSIS OF ACTION, ORDINANCE 0-93-8-PASSED PUBLIC HEARING held and APPROVED on Second and Final Reading City Attorney Kraft read Temp. Ord. #1636 by Title. V/M Katz MOVED to APPROVE Temp. Ord. #1636, SECONDED by C/M Schumann. Ms. Carpenter said the Findings of Fact indicated the Applicant was requesting a rezoning from R-3U to RM-10 and overall project was a maximum of 351 townhouses and the request would add 14 more units over the R-3U zoning. She said the Planning Commissioners and Staff recommended APPROVAL, Mayor Bender OPENED the Public Hearing portion of Item IS. TAPE 2 Sharon Machek, resident, asked how many children could be expected. to move into the project and attend Tamarac Elementary School. Ms. Carpenter responded the issue was irrelevant when the site plan was submitted. She said it was addressed when the plat was submitted to the Broward County Commissioners who did not object to the project. She said the Broward County School Board would generate the amount of children and the City did not have jurisdiction. Ms. Machek said the schools would be overcrowded with the addition of more children. V/M Katz agreed. Mayor Bender CLOSED the Public Hearing portion of Item 15 with no further discussion. VOTE: ALL VOTED AYE 9. MOTION TO ADOPT Tem1a. Fg 4 appointing two regular members and two alternate members to the PLANNING COMMISSION. ,SYNOPSIS OF &QTIQF: RESOLUTION R-93-35-PASSED APPROVED appointments of Jerry Fordin and Marc Sultanof as Regular Planning Commissioners (terms to expire 4/15/96) and Al Wald and Randy Lee Webster as Alternate Planning Commissioners (terms to expire 4/15/94). City Attorney Kraft read Temp. Reso. #6454 by Title. C/M Abramowitz MOVED to APPROVE Temp. Reso. #6454, SECONDED by C/M Schumann. Carol A. Evans, City Clerk, recommended each Council member nominate two Regular Commissioners and two Alternate Commissioners, respectively. The nominations were: City Council Regular Meeting 04/14/93/PP Page 7 V/M Katz: Jerry Fordin - Regular Marc Sultanof - Regular Al Wald - Alternate Randy Webster - Alternate C/M Schumann: Irwin Goldwein - Regular Randy Webster - Regular Carl Alper -- Alternate Judith Kitograd - Alternate C/M Abramowitz: Marc Sultanof - Regular Jerry Fordin - Regular Randy Webster - Alternate Irving Rothman - Alternate C/M Schreiber: Irwin Goldwein - Regular Judith Kitograd Regular William Sherman - Alternate Carl Alper - Alternate Mayor Bender: Jerry Fordin - Regular Marc Sultanof - Regular Al Wald - Alternate Randy Webster - Alternate C/M Abramowitz stated there was a tie between Carl Alper and Al Wald for Alternate and another vote was taken. V/M Katz: Al Wald C/M Schumann: Al Wald C/M Abramowitz: Al Wald C/M Schreiber: Carl Alper Mayor Bender: C/M Abramowitz MOVED Al Wald to APPOINT Jerry Fordin and Marc Sultanof as Regular Planning Commissioners and Dr. Al Wald and Randy Lee Webster as Alternate Planning Commissioners to comply with Temp. Reso. #6454, SECONDED by C/M Schumann. VOTE: V/M Katz - AYE C/M Schumann - AYE C/M Schreiber - ABSENT C/M Abramowitz - AYE Mayor Bender - AYE 10. MOTIQN TO ADOPT_Temp. Reso. #645,5 appointing one member to the URBAN FORESTRY COMMITTEE. SYNOPSIa OF ACTION: RESOLUTION R-93-36-PASSED APPROVED appointment of Judy Bub for interim term to expire 6/20/93 City Attorney Kraft read Temp. Reso. #6455 by Title. C/M Abramowitz MOVED to APPROVE Temp. Reso. #6455, SECONDED by V/M Katz. C/M Abramowitz recommended that Judy Bub fill the interim period from to expire 6/20/93 due to the resignation of Ralph Crawford. VOTE: V/M Katz - AYE C/M Schumann - AYE C/M Schreiber - ABSENT C/M Abramowitz - AYE Mayor Bender - AYE City Council Regular Meeting 04/14/93/PP Page 8 ORDINANQW Administrative 11. a, 6 on first reading to amend Chapter 12 of the Code to provide for the sale of fireworks (July 4th sales only) from temporary wayside stands. Alternative No. 1 SYNOPSIS OF ACTION: NO ACTION taken or required. City Attorney Kraft read Temp. Ord. #1646 by Title. V/M Katz MOVED to APPROVE Temp. Ord. #1646, SECONDED by C/M Schumann. C/M Abramowitz said Alternative 1 only provided for the sale of fireworks but Alternative 2 provided for fireworks as well as pumpkins and Christmas articles. He asked if Item 11A would be superfluous if Council APPROVED Item 11B. City Attorney Kraft said, yes. V/M Katz asked if licenses would have to be issued to sell the items noted in Items 11A or 11B. City Attorney Kraft said, yes, and Ordinance #1646 had been reviewed by Fire Chief Budzinski. V/M Katz WITHDREW his MOTION and C/M Schumann withdrew his SECOND. b. MOTION TO ADOPT Temp. Ord,.#164.7 on first reading to amend Chapter 12 of the Code to provide requirements for temporary holiday sales (July 4th, Halloween and Christmas sales) from wayside stands. Alternative No. 2 SYNOPSIS OF ACTION: APPROVED on First Reading. Public Hearing and Second Reading scheduled for 4/28/93 at or after 10:00 a.m. City Attorney Kraft read Temp. ORD. #1647 by Title. V/M Katz MOVED to APPROVE Temp. ORD. #1647, SECONDED by C/M Schumann. V/M Katz asked if a Hold Harmless Agreement was part of the contract. City Attorney Kraft answered, yes. VOTE: ALL VOTED AYE 19. MOTION TO AUIHORIZE City Manager to negotiate with All Service Refuse Company to provide single-family garbage service. RC�T'����aia«K���F ■ I r • Ms. McDermott said at the April 13, 1993 Workshop, Council was recommended to authorize City Manager Kelly to negotiate a final contract with All Service Refuse for garbage pick-up service for single --family dwellings. She said the proposal included: 1) two cans twice per week at $9.30 per month. 2) bags at $.63 each. 3) All Service Refuse to bill quarterly. C/M Schumann MOVED to AUTHORIZE City Manager to negotiate with All Service Refuse Company to provide single-family garbage service, SECONDED by C/M Abramowitz. 1 Ll City Council Regular Meeting 04/14/93/PP Page 9 V/M Katz discussed his concerns about the billing procedure and the Contractor. Ms. McDermott said if APPROVED, City Manager Kelly would schedule a meeting with All Service Refuse for Monday, April 19, and within 30 days of receipt of their revenue, All Service Refuse would have to pay the City. VOTE: ALL VOTED AYE REPORTS 16. C/M Schumann said a "Tournament for Tommy" (Tommy Van Note, son of a T.A.F. Board member with a serious illness) would be held at Tamarac Park from April 30 through May 2. He said activities included a softball tournament, card show, carnival, games with prizes, raffling baseballs donated by two major baseball teams, a Home Run Derby and food would be donated by Arby's and Hooters. In addition, Y-100 was bringing a surprise guest, KISS would participate and a third radio station might participate and all monies would be put "In Trust for Tommy". C/M Schumann stated the Marlins Baseball Team was contacted and they proposed a "Tamarac Night" at Joe Robbie Stadium for any home game scheduled for any Monday through Thursday. He said a section of seats (at regular prices) would be blocked off and a percentage of the money would go back to the City and be deposited "In Trust for Tommy". V/M Katz said he walked in the fifth Annual March of Dimes Walk-A- Thon and complimented Staff and the 31 City employees who participated. C/M Schreiber said he was happy the single --family garbage contract was approved. He voiced his thoughts about Staff and Council and the Deposit clause in the garbage contract for multi -family dwellings and said the clause should be removed. In addition, a drainage problem still existed on 71st Place and 108th Terrace and it could be resolved because there was $190,000 in the budget. Ms. McDermott responded that City Attorney Kraft and Staff were directed to revise the Southern Sanitation garbage contract and she would research the matter and report back to Council. C/M Abramowitz stated he did not run in the recent election or promise the drainage problem would be resolved on 71st Street. He said engineers advised the problem could be resolved but it would cost over $400,000 and he suggested discussing this problem with City Engineer Sparks and possibly the amount could be less. He concurred that Tamarac Elementary School was overcrowded and an addition would be constructed in the future. He said the City would be approached for use of their facilities for children to attend Summer School in order to advance their grades. He said it would not cost the residents any money and City Manager Kelly and the School officials would advise what was needed and report back to Council. Mayor Bender - NO REPORT 17. City Attorney City Attorney Kraft - NO REPORT 18. City Manager Ms. McDermott said a Workshop was held on April 9 regarding the Social Services Board and a report will be prepared for the April 28 Council Meeting. City Council Regular Meeting 04/14/93/PP Page 10 16. City Council (Continued) V/M Katz said he was Liaison to the Site Plan and Plat Review Board and the Broward County School Board did not have to get building permits or allow Building officials on the job. He requested Staff do whatever was necessary to allow Building Officials to inspect any upcoming construction at the School. Hearing no further discussion, Mayor Bender ADJOURNED the Meeting at 8:25 P.M. CAROL A. EVANS City Clerk H. BENDER Mayor CITY OF TAMARAC APPROVED AT MEETING OF "Z �J 1 1 City Council Regular Meeting 04/14/93/PP Page 1 C CITY COUNCIL REGULAR MEETING WEDNESDAY, APRIL 14, 1993 S'jjL_jQ_ORDER: Mayor Bender called this meeting to order on Wednesday, April 14, 1993, at 7:00 P.M. in Council Chambers of Tamarac City Hall, 7525 Northwest 81th Avenue, Tamarac, Florida. PLEDGE OF ALLEGIANCE: Mayor Bender called for the Pledge Of Allegiance. Mayor H. Larry Bender Vice Mayor Irving Katz Councilman Norman Abramowitz Councilman Joseph Schreiber Councilman Henry Schumann ALSO PRESENT* Dina McDermott, Assistant City Manager Mitchell S. Kraft, City Attorney Carol A. Evans, City Clerk Phyllis Polikoff, Secretary ****************************************************************** 20. KQTIM TO AGENDIZE the issuance of a Hold Harmless Agreement to University Hospital to paint wall at Tamarac Park. SYNOPSIS OF ACTION: AGENDIZED by Consent (See Page 4 for discussion and final action) C/M Schumann MOVED to AGENDIZE the issuance of a Hold Harmless Agreement with University Hospital to paint the wall at Tamarac Park, SECONDED by C/M Abramowitz. VOTE: 1.ANNO Board. ��•• • •� RL6 ALL VOTED AYE of two vacant positions on the Code Enforcement Mayor Bender announced two vacant positions existed on the Code Enforcement Board and interested residents could file an application at the City Clerk's Office. 2. PUBLIC PARTICIPATION - Any member of the public may speak to any issue which is not agendized for public hearing at this meeting. Speakers will be limited to three minutes during this item and at public hearings. There will be a thirty (30) minute aggregate time Limit for this item, and speakers are encouraged to sign up in advance with the City Clerk prior to their participation. Jo Wright, Tamarac Lakes North, expressed her thoughts about the garbage contract and questioned how billing would be handled for back yard pick-up and at the Clubhouse. Mayor Bender asked Dina McDermott, Assistant City Manager, to respond to Ms. Wright. City Council Regular Meeting 04/14/93/PP Page 2 Sharon Machek, resident of Northwest 84th Street, voiced her concerns about vandalism at Tamarac Elementary School and methods to resolve the problem. C/M Abramowitz said he would look into the matter. 3. Items lasted 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 MEROVE the minutes of the following City Council meetings: 1. 3/10/93 - Regular Meeting 2. 3/16/93 - Special Meeting 3. 3/24/93 -- Regular Meeting b. MOTION TO APPROVE renewal of a model sales permit for GRANVILLE BUILDING J, Units 301 and 307, along with a waiver of ten parking spaces and waiver of the 300-foot distance requirement for issuance of certificates of occupancy for a six-month period from 5/27/93 to 11/27/93. SYNOPSIS OF ACTION: APPROVED C/M Schreiber MOVED to APPROVE Consent Agenda Item 3, SECONDED by C/M Schumann. VOTE: ALL VOTED AYE City Council 4. MOTIONTO_DPTERMINE the four (4) consecutive week period during which the City Council will not meet in 1993 pursuant to Section 4.06(a) of the Charter. SYNOPSIS OF ACTION: COUNCIL will not meet 7/6/93 to 8/3/93. C/M Abramowitz MOVED to APPROVE the four -week period from July 6 to August 3 during which Council would not meet, SECONDED by V/M Katz. V/M Katz said the four consecutive week period usually commenced during budget preparation and he suggested putting this matter on a referendum to remove "four consecutive weeks" from the Charter. VOTE: ALL VOTED AYE City Council Regular Meeting 04/14/93/PP Page 3 5. MOTION TO APPROVE payment in the amount of $38,961.08 to Southern Sanitation for debris cleanup as a result of Hurricane Andrew and APPROVAL of the transfer of this amount from General Fund Contingency Account 001-872-588-975 to Solid Waste Disposal Account 001-872-534-341 (FEMA to reimburse City General Fund). SYN PSIS OF_ACTION: APPROVED C/M Schreiber MOVED to APPROVE payment of $38,961.08 to Southern Sanitation and APPROVAL of same amount from General Fund Contingency Account to Solid Waste Disposal Account, SECONDED by C/M Abramowitz. Mary Blasi, Finance Director, said FEMA sent a check for total reimbursement and although they retained a portion, it would be returned after an audit. VOTE: ALL VOTED AYE 6. MOTION TO APjPROVE the transfer of $4,500 from General Fund Contingency Account 001--872-588-975 to General Fund Storm Emergency Preparedness Account 001-872-525-495 for the purchase of items necessary to be properly prepared for a hurricane. C/M Schreiber MOVED to APPROVE the transfer of $4,500 from General Fund Contingency Account to General Fund Storm Emergency Preparedness Account, SECONDED by C/M Abramowitz. Ms. Blasi said Mike Couzzo, Director of Public Services/Assistant City Manager, prepared the list of hurricane preparedness items for the Utilities and Public Works buildings. C/M Abramowitz asked for clarification of the items and report back to Council. VOTE: ALL VOTED AYE 7. MOTION TO APPROVE final payment in the amount of $11,098.15 to Utilities Services, Inc., for work performed on TUW Project 88--24, Rehabilitation of Pump Stations 14A and 21 in order to commence the one-year warranty period. 14IN (•]lzj*�ffi • -• r C/M Schreiber MOVED to APPROVE final payment of $11,098.15 to Utilities Services, Inc., SECONDED by V/M Katz. Mr. Couzzo stated the contract was satisfactorily completed and Staff recommended approval. He said upon final payment, the City would go from a Performance Bond to a one-year Warranty Bond. C/M Abramowitz asked why there was a difference from that shown in the back-up. Mr. Couzzo said the retention amount was reduced five -percent at a previous Council meeting. VOTE: ALL VOTED AYE City Council Regular Meeting 04/14/93/PP Page 4 8. MOTION TO APPROVE final payment in the amount of $50,314.73 to R.J. Sullivan, Inc., for work performed on TUW Project 88-10, Raw Water Wells 16 and 17 in order to commence the one --year warranty period. C/M Schreiber MOVED to APPROVE final payment of $50,314.73 to R.J. Sullivan, Inc., SECONDED by V/M Katz. Mr. Couzzo said the project was satisfactorily completed and the cost was reduced $7,700 because some sub -surface work was not done. He added the amount was less than what Council originally approved. C/M Abramowitz asked if the cost was the same as indicated for pump stations 14A and 21 in Item 8. Mr. Couzzo said 14A and 21 were lift stations and 16 and 17 were new raw water wells and the cost was greater to produce raw water wells. VOTE: ALL VOTED AYE 20. MOTION TO APPROVE a Hold Harmless Agreement from City to University Hospital to paint the wall at Tamarac Park. SYNOPSIS OF ACTION;, APPROVED C/M Schumann MOVED to APPROVE Hold Harmless Agreement from City to University Hospital to paint the wall at Tamarac Park, SECONDED by V/M Katz. C/M Schumann said the wall facing Tamarac Park was dirty and had to be pressure -cleaned and painted by April 29. He asked if there was a problem with the Hold Harmless Agreement for property damage, only, and City Attorney Kraft said, no, and that he would get input from Kelly Carpenter, Director of Community Development, to draw up the Agreement. VOTE: ALL VOTED AYE Mayor Bender requested a recess at 7:28 P.M. and the Meeting reconvened at 7:35 P.M. with the same people in attendance and he then OPENED the Public Hearing portion of the Meeting. 12. PUBLIC HEARING - MOTION TO ADOPT Te=,Ord, #1634 on second reading concerning a request by Pulte Home Corporation to amend Chapter 24 of the City Code to revise the setbacks for zero -line line structures in RM-10 (Planned Apartment) Districts. Petition #1-Z-93 SYNOPSIS OF ACTION: ORDINANCE 0-93-5-PASSED PUBLIC HEARING held and APPROVED on Second and Final Reading. City Attorney Kraft read Temp. Ord. #1634 by Title. V/M Katz MOVED to APPROVE Temp. Ord. #1634, SECONDED by C/M Abramowitz. City Council Regular Meeting 04/14/93/PP Page 5 [7 Ms. Carpenter said this was the Second and Final Reading and the Findings of Fact indicated the Ordinance was a text change and would change the setbacks in the RM-10 Zone. She added the Planning Commissioners and Staff recommended APPROVAL. Mayor Bender OPENED and CLOSED the Public Hearing portion of Item 12 with no further discussion. ALL VOTED AYE 13. PUBLIC HEARING - MOTION TO ADOPT Tg=- Ord_ #1635 on second reading concerning a request by Pulte Home Corporation to change the use of land from commercial to low -medium residential (6 to 10 units per acre) for Parcel "C" of the LAND SECTION 8 PLAT located on the north side of Commercial Boulevard, east of Nob Hill Road. Petition #1-LUA-93 SX=SIS OF ACTION: ORDINANCE 0-93-6-PASSED PUBLIC HEARING held and APPROVED on Second and Final Reading. City Attorney Kraft read Temp. Ord. #1635 by Title. V/M Katz MOVED to APPROVE Temp. Ord. #1635, SECONDED by C/M Schreiber. Ms. Carpenter read the Findings of Fact and said the applicant requested to change the Land Use Map from commercial to low -medium residential for Parcel "C" of Land Section 8 Plat. She said the. applicant proposed to construct 470 single-family structures and the Planning Commissioners and Staff recommended APPROVAL. She added this was the Second and Final Reading. Timothy Hernandez, Vice President of Land for Pulte Homes, said there would be 442 units, and not 470, consisting of single-family homes, townhouses and quad -townhouses. Mayor Bender OPENED the Public Hearing portion of Item 13. An audience member from the Isles of Tamarac asked the square footage and the cost of the units. Mr. Hernandez stated single- family homes were $100,000 to $140,000 (square footage 1,300 to 2,000 square feet) and quad -townhouses were $80,000 to $100,000 (square footage 1,100 to 1,400 square feet). Anthony Grimaldi, Sunflower-Heathgate, questioned to whom the homes would be sold. Mr. Hernandez responded that homes would be sold to all segments of the population, including families with children. Mayor Bender CLOSED the Public Hearing portion of Item 13 with no further discussion. VOTE: ALL VOTED AYE 14. RUBLIC HEARING - 7 on second reading concerning a request by Pulte Home Corporation to rezone Parcel "C" of the LAND SECTION 8 PLAT (located on the north side of Commercial Boulevard, east of Nob Hill Road) from B-2 (Planned Community Business) to RM-10 (Planned Apartments). Petition #2-Z-93 ORDINANCE 0-93-7-PASSED PUBLIC HEARING held and APPROVED on Second and Final Reading. City Attorney Kraft read Temp. Ord. #1637 by Title. V/M Katz MOVED to APPROVE Temp. Ord. #1637, SECONDED by C/M Schumann. City Council Regular Meeting 04/14/93/PP Page 6 Ms. Carpenter said Petition #2-Z-93 implemented the Land Use Plan Amendment which Council APPROVED in Item 13. Mayor Bender OPENED and CLOSED the Public Hearing portion of Item 14 with no further discussion. VOTE: ALL VOTED AYE 15, PUBLIC HEARING - 6 on second reading concerning a request by Pulte Home Corporation to rezone Parcel "A" of the LAND SECTION 6 NORTH PLAT (located on the southeast corner of the Sawgrass Expressway and Southgate Boulevard) from R-3U (Rowhouse) to RM-10 (Planned Apartments). Petition #7-Z-93. SYNOPSIS OF ACTION: ORDINANCE 0-93-8-PASSED PUBLIC HEARING held and APPROVED on Second and Final Reading City Attorney Kraft read Temp. Ord. #1636 by Title. V/M Katz MOVED to APPROVE Temp. Ord. #1636, SECONDED by C/M Schumann. Ms. Carpenter said the Findings of Fact indicated the Applicant was requesting a rezoning from R-3U to RM-10 and overall project was a maximum of 351 townhouses and the request would add 14 more units over the R-3U zoning. She said the Planning Commissioners and Staff recommended APPROVAL, Mayor Bender OPENED the Public Hearing portion of Item 15. TAPE 2 Sharon Machek, resident, asked how many children could be expected to move into the project and attend Tamarac Elementary School. Ms. Carpenter responded the issue was irrelevant when the site plan was submitted. She said it was addressed when the plat was submitted to the Broward County Commissioners who did not object to the project. She said the Broward County School Board would generate the amount of children and the City did not have jurisdiction. Ms. Machek said the schools would be overcrowded with the addition of more children. V/M Katz agreed. Mayor Bender CLOSED the Public Hearing portion of Item 15 with no further discussion. VOTE: ALL VOTED AYE 9. MOTION TO ADOPT Te=_ Reso_ #fi$54 appointing two regular members and two alternate members to the PLANNING COMMISSION. SXHORSXS OF ACTION: RESOLUTION R-93-35-PASSED APPROVED appointments of Jerry Fordin and Marc Sultanof as Regular Planning Commissioners (terms to expire 4/15/96) and Al Wald and Randy Lee Webster as Alternate Planning Commissioners (terms to expire 4/15/94). City Attorney Kraft read Temp. Reso. #6454 by Title. C/M Abramowitz MOVED to APPROVE Temp. Reso. #6454, SECONDED by C/M Schumann. Carol A. Evans, City Clerk, recommended each Council member nominate two Regular Commissioners and two Alternate Commissioners, respectively. The nominations were: City Council Regular Meeting 04/14/93/PP Page 7 L� E 1 V/M Katz: C/M Schumann: C/M Abramowitz: C/M Schreiber: Mayor Bender: Jerry Fordin - Regular Marc Sultanof - Regular Al Wald -- Alternate Randy Webster - Alternate Irwin Goldwein - Regular Randy Webster - Regular Carl Alper - Alternate Judith Kitograd - Alternate Marc Sultanof - Regular Jerry Fordin - Regular Randy Webster - Alternate Irving Rothman - Alternate Irwin Goldwein - Regular Judith Kitograd - Regular William Sherman - Alternate Carl Alper - Alternate Jerry Fordin - Regular Marc Sultanof - Regular Al Wald - Alternate Randy Webster - Alternate C/M Abramowitz stated there was a tie between Carl Alper and Al Wald for Alternate and another vote was taken. V/M Katz: Al Wald C/M Schumann: Al Wald C/M Abramowitz: Al Wald C/M Schreiber: Carl Alper Mayor Bender: Al Wald C/M Abramowitz MOVED to APPOINT Jerry Fordin and Marc Sultanof as Regular Planning Commissioners and Dr. Al Wald and Randy Lee Webster as Alternate Planning Commissioners to comply with Temp. Reso. #6454, SECONDED by C/M Schumann. VOTE: V/M Katz - AYE C/M Schumann - AYE C/M Schreiber -- ABSENT C/M Abramowitz - AYE Mayor Bender - AYE 10. appointing one member to the URBAN FORESTRY COMMITTEE. SYNOPSIS OF ACTION: RESOLUTION R-93-36-PASSED APPROVED appointment of Judy Bub for interim term to expire 6/20/93 City Attorney Kraft read Temp. Reso. #6455 by Title. C/M Abramowitz MOVED to APPROVE Temp. Reso. #6455, SECONDED by V/M Katz. C/M Abramowitz recommended that Judy Bub fill the interim period from to expire 6/20/93 due to the resignation of Ralph Crawford. VOTE: V/M Katz - AYE C/M Schumann - AYE C/M Schreiber - ABSENT C/M Abramowitz - AYE Mayor Bender - AYE City Council Regular Meeting 04/14/93/PP Page 8 11. a. 6 on first reading to amend Chapter 12 of the Code to provide for the sale of fireworks (July 4th sales only) from temporary wayside stands. Alternative No. 1 SYNOPSIS OF ACTION: NO ACTION taken or required. City Attorney Kraft read Temp. Ord. #1646 by Title. V/M Katz MOVED to APPROVE Temp. Ord. #1646, SECONDED by C/M Schumann. C/M Abramowitz said Alternative 1 only provided for the sale of fireworks but Alternative 2 provided for fireworks as well as pumpkins and Christmas articles. He asked if Item 11A would be superfluous if Council APPROVED Item 11B. City Attorney Kraft said, yes. V/M Katz asked if licenses would have to be issued to sell the items noted in Items 11A or 11B. City Attorney Kraft said, yes, and Ordinance #1646 had been reviewed by Fire Chief Budzinski. V/M Katz WITHDREW his MOTION and C/M Schumann withdrew his SECOND. b. 7 on first reading to amend Chapter 12 of the Code to provide requirements for temporary holiday sales (July 4th, Halloween and Christmas sales) from wayside stands. Alternative No. 2 SYNOPSIS OF ACTION: APPROVED on First Reading. Public Hearing and Second Reading scheduled for 4/28/93 at or after 10:00 a.m. City Attorney Kraft read Temp. ORD. #1647 by Title. V/M Katz MOVED to APPROVE Temp. ORD. #1647, SECONDED by C/M Schumann. V/M Katz asked if a Hold Harmless Agreement was part of the contract. City Attorney Kraft answered, yes. VOTE: ALL VOTED AYE 19. MOTION TO_AUTHORT7r.. City Manager to negotiate with All Service Refuse Company to provide single --family garbage service. = U043 ., ZRIM3• Ms. McDermott said at the April 13, 1993 Workshop, Council was recommended to authorize City Manager Kelly to negotiate a final contract with All Service Refuse for garbage pick-up service for single-family dwellings. She said the proposal included: 1) two cans twice per week at $9.30 per month. 2) bags at $.63 each. 3) All Service Refuse to bill quarterly. C/M Schumann MOVED to AUTHORIZE City Manager to negotiate with All Service Refuse Company to provide single-family garbage service, SECONDED by C/M Abramowitz. 1 1 City Council Regular Meeting 04/14/93/PP Page 9 �I 1 V/M Katz discussed his concerns about the billing procedure and the Contractor. Ms. McDermott said if APPROVED, City Manager Kelly would schedule a meeting with All Service Refuse for Monday, April 19, and within 30 days of receipt of their revenue, All Service Refuse would have to pay the City. VOTE; ALL VOTED AYE 16. ity Council C/M Schumann said a "Tournament for Tommy" (Tommy Van Note, son of a T.A.F. Board member with a serious illness) would be held at Tamarac Park from April 30 through May 2. He said activities included a softball tournament, card show, carnival, games with prizes, raffling baseballs donated by two major baseball teams, a Home Run Derby and food would be donated by Arby's and Hooter's. In addition, Y-100 was bringing a surprise guest, KISS would participate and a third radio station might participate and all monies would be put "In Trust for Tommy". C/M;,5chumann stated the Marlins Baseball Team was contacted and -=theme-proposed a "Tamarac Night" at Joe Robbie Stadium for any home gam# scheduled Tor any Monday through Thursday. He said a section of seats (at regular prices)„ would be blocked off and a percentage of the money would go back to the City and be deposited "In Trust for Tommy". V/M Katz said he walked in the fifth Annual March of Dimes Walk-A- Thon and complimented Staff and the 31 City employees who participated. C/M Schreiber said he was happy the single-family garbage contract was approved. He voiced his thoughts about Staff and Council and the Deposit clause in the garbage contract for multi -family dwellings and said the clause should be removed. In addition, a drainage problem still existed on 71st Place and 108th Terrace and it could be resolved because there was $190,000 in the budget. Ms. McDermott responded that City Attorney Kraft and Staff were directed to revise the Southern Sanitation garbage contract and she would research the matter and report back to Council. C/M Abramowitz stated he did not run in the recent election or promise the drainage problem would be resolved on 71st Street. He said engineers advised the problem could be resolved but it would cost over $400,000 and he suggested discussing this problem with City Engineer Sparks and possibly the amount could be less. He concurred that Tamarac Elementary School was overcrowded and an addition would be constructed in the future. He said the City would be approached for use of their facilities for children to attend Summer School in order to advance their grades. He said it would not cost the residents any money and City Manager Kelly and the School officials would advise what was needed and report back to Council. Mayor Bender - NO REPORT 17. may_ Att! rnw City Attorney Kraft - NO REPORT 18. City- MaAaggr Ms. McDermott said a Workshop was held on April 9 regarding the Social Services Board and a report will be prepared for the April 28 Council Meeting. City Council Regular Meeting 04/14/93/PP Page 10 16. City Council(Continued) V/M Katz said he was Liaison to the Site Plan and Plat Review Board and the Broward County School Board did not have to get building permits or allow Building officials on the job. He requested Staff do whatever was necessary to allow Building Officials to inspect any upcoming construction at the School. Hearing no further discussion, Mayor Bender ADJOURNED the Meeting at 8:25 P.M. CAROL A. EVANS City Clerk H. BENDER yor CITY of TAMARAC APPROVED AT MEETING OF I 1