The URL can be used to link to this page

Home My WebLink About1992-05-13 - City Commission Regular Meeting Minutes7525 Northwest 88 Avenue Tamarac, FL 33321-2401 1-1 RECORD OF COUNCIL DISCUSSIONS/ACTIONS CITY OF TAMARAC CITY COUNCIL REGULAR COUNCIL MEETING WEDNESDAY, MAY 13, 1992 - The Chair at this time will announce those items which have been given a specific time to be heard, and will entertain motions from Council members to table those items which require research. Council may agendize by majority consent matters of an urgent nature which have come to Council's attention after publication. 1. $ SENTAT-IQN by Mayor Bender of a proclamation designating the week of May 17-23, 1992, as "NATIONAL PUBLIC WORKS WEEK". Presentation was made by Mayor Bender to Mike Couzzo, Director of Public Services. 2, AMOUNCWHENT of the expiration of the terms of office for positions on the following boards and committees: Board of Adjustment Code Enforcement Board Consumer Affairs Committee Insurance Advisory Board Investment Advisory Committee Parks and Recreation Board Planning Commission Public Information Committee Social Services Board Urban Forestry Committee Veterans Affairs 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 - Announcement was made. Page 1 5/13/92 PUBLIC PARTICIPATION 3. 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. 4. Items listed under Consent Agenda, Item 4, 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. Council meetings: 1. 4/08/92 2. 4/09/92 3. 4/15/92 FjT1MV?NWXiVf•l the minutes of the following City -- Regular Meeting - Special Meeting - Special Meeting b, supporting a State Constitutional Amendment providing for voter control of city taxes in order to have a direct say in how citizens are taxed. Ib CON _. . 1• D RESOLUTION R-92-77-PASSED c, requesting that the Broward County Board of Rules and Appeals amend Section 4620 of the South Florida Building Code to conform with Florida Administrative Code Section 17- 555.360 and American Water Works Association guidelines pertaining to cross connection and backflow prevention control for community water systems (tabled on 4/22/92 and discussed at 4/24/92 Council Workshop Meeting). Removed for discussion and then TABLED for more information. d. MOTION TO APPEM the attendance of Michael R. Couzzo, Assistant City Manager/Director of Public Services, at the Governor's Hurricane Conference in Tampa, Florida, from June 3-5, 1992. Page 2 5/13/92 e• accepting a Tamarac Utilities West Water and Sewer Utility Easement offered by The Woodlands Golf Association, Inc., d/b/a Woodlands Country Club, for TUW Project #90-12A, Rock Island Road, NW 44 Street and the Woodlands Country Club Backbone Water Distribution System. FINAL --Ar-TTON1 RESOLUTION R-92-78--PASSED APPROVED f• a Water and Sewer Developer's Agreement for NORTHWOOD II (SPRINGLAKE VILLAS), PHASE IV. FINAL ACTT N! APPROVED 5. a. Insituform Southeast, Inc., as a sole source supplier for furnishing and installing internal, form fitting, fiberglass liners in existing damaged or deteriorated gravity sewers for TUE Project 90-25, Gravity Sewer System Repairs 1991/1992. b. MOTION TO ANARn a contract to Insituform Southeast, Inc., in the amount of $40,837.20 to perform sewer lining services utilizing Broward County Agreement for pricing services for TUE Project 90-25, Gravity Sewer System Repairs 1991/1992. FINAL --ACTTQN- APPROVED 5.a. and 5.b. 6. approving a revised site plan for KINGS POINT PROFESSIONAL PLAZA reflecting addition of office space, construction of a temporary dry model, construction of decorative walls, columns along the street and relocation and elimination of parking spaces. (located just east of Nob Hill Road and south of the private Clubhouse Road) . qF • , mlaamlr� RESOLUTION R-92-79-PASSED 7. a. approving a plat entitled MALVERN. b' approving Development Order #286-1 for the MALVERN project (located on the north side of Westwood Drive, between NW 73 Street and NW 99 Avenue) RESOLUTION R--92-80-PASSED FINAL RCTIONi RESOLUTION R-92-81-PASSED APPROVED Page 3 5/13/92 8. MOTION TO ADOPT Temn_ Reso_ #62.82 concerning a request by Antonietta Harrington d/b/a The Dry Cleaner for special exception to permit a dry cleaning establishment in Bay 6 of THE MARKETPLACE AT TAMARAC, 6947 W. Commercial Boulevard, which is zoned B-2 (Planned Community Business). Petition #17--Z-92 FIN LL_AZXLQN.L RESOLUTION R-92-82-PASSED APPROVED 9, on first reading adding Section 16--229.5 to the Code authorizing the Pension Board to attempt to recoup monies paid for claims from liable third parties via subrogation. FINAL ACTION• APPROVED on first reading. Public hearing and second reading will be held at or after 10:00 a.m. on Wednesday, May 27, 1992. Community Develovment D=ArtMent 10. UBLIC HZARING - on second reading concerning a request by After, Inc., to change the use of land described as the east 380-feet of Parcel "R" of Woodland Lakes and located south of McNab Road, east of NW 88 Avenue (Pine Island Road), from Commercial to Law Medium Residential (6-10 dwelling units per acre) comprising 1.29 acres. Petition #2-LUA-91 FINAL ACTION ORDINANCE 0-92-26-PASSED Public Hearing was held. APPROVED on second and final reading. 11. City Qgrk - READING of Form 8B, Memorandum of Voting Conflict for County, Municipal and Other Public Officers, filed by C/M Katz pertaining to Item #8 on the City Council agenda of 4/22/92 on which he did not vote pursuant to Section 112.3143, F.S. Carol Evans, City Clerk, read Form 8B in its entirety. Page 4 5/13/92 1 12 . 13. 14. City 1jannaer * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * 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 286.0105F 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. 6e, 6 ��r-74V— Carol A. Evans City Clerk A-1 - Limited Agricultural B-1 - Neighborhood Business R-2 - Two Family Dwelling B-2 - Planned Community Business R-3 - Low Density Multiple B-3 -- General Business R-3U - Row House B-5 - Limited Business District R-4A - Planned Apartment B-6 - Business District R-5 - Motel/Hotel 1-1 - Institutional RD-7 - Two Family Dwelling LI-1- Light Industrial RM-5 - Residential Multi Family R-1 - Single Family Residence RM-10- Planned Apartment R-1B & S-1 - Open Space/Recreational R-lC- One Family Dwelling T--1 - Trailer Park Page 5 5/13/92 C] 1 City Council Regular Meeting 5/13/92/KJ Page 1 CITY OF TAMARAC CITY COUNCIL REGULAR MEETING WEDNESDAY, MAY 13, 1992 Mayor Bender called this meeting to order on Wednesday, May 13, 1992 at 7:00 p.m. in the Council Chambers of City Hall, 7525 Northwest 88 Avenue, Tamarac, Florida. r.nr,v. OF ALLEGIANCE: Mayor Bender called for the Pledge of Allegiance. PRESENT Mayor H. Larry Bender Vice Mayor Henry Schumann Councilman Irving Katz Councilman Joseph Schreiber ABSENT AND Zjj�=p L Councilman Norman Abramowitz ALSO ---RESENT- John P. Kelly, City Manager Mitchell S. Kraft, City Attorney Carol A. Evans, City Clerk Karen Jackson, Secretary ****************************************************************** 4. C. requesting that the Broward County Board of Rules and Appeals amend Section 4620 of the South Florida Building Code to conform with Florida Administrative Code Section 17-555.360 and American Water Works Association guidelines pertaining to cross connection and backflow prevention control for community water systems (tabled on 4/22/92 and discussed at 4/24/92 Council Workshop Meeting). SYNOP- IS Or ACTION: Removed for discussion. (See Page 4 for final action.) C/M Schreiber MOVED to REMOVE Item 4.c. from the Consent Agenda for discussion, SECONDED by C/M Katz. VOTE: ALL VOTED AYE 1. PRESENTATION by Mayor Bender of a proclamation designating the week of May 17-23, 1992, as "NATIONAL PUBLIC WORKS WEER". SY.NQPSIS ,OF ACJION: Presentation was made by Mayor Bender to Mike Couzzo, Director of Public Services. Mayor Bender presented a proclamation to Mr. Couzzo. City Council Regular Meeting 5/13/92/KJ Page 2 2. ANNOUNCEMENT 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 Committee Social Services Board Insurance Advisory Board Urban Forestry Committee Investment Advisory Committee Veterans Affairs Committee Parks and Recreation Board If any Tamarac resident is interested in serving on any board or committee, please contact the office of the City Clerk for an application. If existing board and committee members desire to be considered for reappointment, please indicate this by memo to the City Clerk's office. SYNOPSIS OF ACTIQH; Announcement was made. Mayor Bender said this will be last time this announcement will be made. 3. PUBLIC RARTICIPATION - 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. Nathan Peretzman, resident, expressed his concerns regarding the ambulance contract and the City's relationship with Medics Ambulance Service. Mr. Peretzman referred to the refinancing of the Water and Sewer Revenue Refunding Bond Series 1992. He asked if the bond counsel, Mr. Heffernan, represents the City to protect the City's interest, then who protects the interest of the citizens. He requested that there be some changes made in Resolution 85-436. Mr. Peretzman said the transferring of monies out of the Water and Sewer Utility Fund was a court case on March 19, 1992 and Circuit Court Judge George Brescher did not rule on the substance of the case, namely the transfer of $500,000 to the Tamarac General Fund. Melanie Reynolds, resident, expressed her concerns regarding the oaths of office being issued by the City Clerk. Ms. Reynolds expressed her concern regarding the chairing of a Redistricting Committee meeting by C/M Abramowitz. Ms. Reynolds referred to the Public Participation portion of the meeting and said she understood that Council had an obligation to answer the public's questions and concerns. Mary Seidel, resident, requested that Council consider placing the funds generated by the Parks and Recreation Department into an Enterprise Fund to be spent accordingly, instead of the funds going into the General Fund. Mr. Seidel said there are hopes that the City will be putting in a golf driving range which will be a great revenue maker for the City and would hopefully give other industries a chance to see City Council Regular Meeting 5/13/92/KJ Page 3 that Land Section 7 can be developed. He requested an answer from Council regarding this. Mayor Bender requested that this be submitted in writing. Mr. Seidel requested that Council find a solution with the Lennar property near the Sports Complex, which would be an inducement to complete Section 2 at the Sports Complex. C/M Schreiber said he has been trying to get Council to answer the questions by the public for the past couple of months, which may become a reality in the near future. Mayor Bender requested that the public's questions be submitted in writing. Walter Rekuc, resident, expressed his feelings regarding the questions being asked by the residents as being questions for the betterment of the City and not for personal vendettas. Mr. Rekuc said he had reported a code violations at the Grove Mini Warehouse on May 22, 1991 and asked why this project has been taken away from the inspector and why no penalty has been issued upon these violations. Mr. Rekuc asked why Council has failed to supply the BSO with the ordinance to enforce the violations of off --street parking. Mr. Rekuc expressed his concerns regarding a personnel situatio,iT with ex -employee, Maureen Hoefner. C/M Katz said he was involved with the off-street parking ordinance and the Sheriff recently signed -off on it with recommendations; it should be coming up for Council approval in the near future. C/M Katz said Code Enforcement is being reorganized and he said he would personally look into the Grove Mini Warehouse situation. Frederick Joseph, resident, expressed his dissatisfaction with the remedy that the BSO has for dogs barking continuously throughout the night. Mr. Kelly said he has discussed this with Mr. Joseph and said the BSO has to be able to go out and find the dogs barking in order to do anything about it. He said he has a meeting with Captain Goldstein on Thursday, May 14, 1992. Anthony Grimaldi, resident, said he has the same situation in Sunflower Heathgate and it is impossible to get any rest. 0 City Council Regular Meeting 5/13/92/KJ Page 4 4. Items listed under Consent Agenda, Item 4, 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 TO APPROVE the Council meetings: 1. 4/08/92 2, 4/09/92 3. 4/15/92 gglogw• •, •• minutes of the following City - Regular Meeting - Special Meeting - Special Meeting b, supporting a State Constitutional Amendment providing for voter control of city taxes in order to have a direct say in how citizens are taxed. RESOLUTION R-92-77-PASSED d. MOTION TO AZEBM the attendance of Michael R. Couzzo, Assistant City Manager/Director of Public Services, at the Governor's Hurricane Conference in Tampa, Florida, from June 3-5, 1992. e, accepting a Tamarac Utilities West Water and Sewer Utility Easement offered by The Woodlands Golf Association, Inc., d/b/a Woodlands Country Club, for TUW Project #90-12A, Rock Island Road, NW 44 Street and the Woodlands Country Club Backbone Water Distribution System. SYNOPSIS OF ACTION: RESOLUTION R-92-78-PASSED APPROVED f,MOTION TO UPROVE a Water and Sewer Developer's Agreement for NORTHWOOD II (SPRINGLAK,E VILLAS), PHASE IV. C/M Katz MOVED to APPROVE the Consent Agenda, SECONDED by V/M Schumann. VOTE: ALL VOTED AYE City Council Regular Meeting 5/13/92/KJ Page 5 4. C. requesting that the Broward County Board of Rules and Appeals amend Section 4620 of the South Florida Building Code to conform with Florida Administrative Code Section 17-555.360 and American Water Works Association guidelines pertaining to cross connection and backflow prevention control for community water systems (tabled on 4/22/92 and discussed at 4/24/92 Council Workshop Meeting). SYNOPSIS OF ACTION• Removed for discussion on Page 1. TABLED for more information. Mr. Kraft read Temp. Reso. #6246 by title. C/M Schreiber said by getting this resolution passed, the City would be eliminating the necessity of putting backflow preventers into the various new construction sites. He said the purpose of a backflow preventer is to prevent contamination into the water system, the potable water that comes into living facilities. He said he sees no reason why the City should go on record to eliminate backflow preventers. Mr. Kelly said this item has been argued with the Broward League of Cities for over a year and Council has held two workshop meetings to discuss this. He said he has the same feelings about this as C/M Schreiber and will not attempt to justify it. C/M Schreiber MOVED to DENY Temp. Reso. #6246. Motion died for lack of a Second. C/M Schreiber said the backflow preventers serve a purpose and every condominium has this. C/M Katz MOVED to TABLE Temp. Reso. #6246 for more information, SECONDED by V/M Schumann. VOTE: C/M Katz - AYE V/M Schumann - AYE C/M Schreiber - NAY Mayor Bender - AYE 5. a. MOTION T"CCEPT Insituform Southeast, Inc., as a sole source supplier for furnishing and installing internal, form fitting, fiberglass liners in existing damaged or deteriorated gravity sewers for TUE Project 90-25, Gravity Sewer System Repairs 1991/1992. b• XQTION TQ AJUMI a contract to Insituform Southeast, Inc., in the amount of $40,837.20 to perform sewer lining services utilizing Broward County Agreement for pricing services for TUE Project 90-25, Gravity Sewer System Repairs 1991/1992. APPROVED 5.a. (See Page 8 for 5.b.) 5.a. C/M Katz MOVED to APPROVE Item 5.a., SECONDED by V/M Schumann. VOTE: ALL VOTED AYE City Council Regular Meeting 5/13/92/KJ Page 6 10. on second reading concerning a request by After, Inc., to change the use of land described as the east 380-feet of Parcel "R" of Woodland Lakes and located south of McNab Road, east of NW 88 Avenue (Pine Island Road), from Commercial to Low Medium Residential (6-10 dwelling units per acre) comprising 1.29 acres. Petition #2-LUA-91 SYNOPSIS Or ACTION-- ORDINANCE 0-92-26-PASSED Public Hearing was held. APPROVED on second and final reading. Mr. Kraft read Temp. Ord. #1571 by title. Ms. Carpenter said this is a request by After, Inc., to change the land use designation from commercial to low medium residential for lands located 380 feet east of Parcel "R" of Woodland Lakes, Plat Book 71, Page 18, which is on the south side of McNab Road, east of Pine Island Road. Ms. Carpenter said Council approved the rezoning of this 1.29 acre parcel in 1987 from residential R-4A to commercial B-6. She said this rezoning was accomplished using the flexibility rules granted to the City by the County Land Use Plan. She said these flexibility rules allow the maximum of five acres of residential property to be rezoned commercial without any land use amendments. Ms. Carpenter said when the new Land Use Map was revised and approved by the City in 1989, this land was then identified as commercial on the Land Use Plan. She said the applicant is presently requesting to return the land to its previous residential designation. She said this Land Use amendment falls under the State guidelines for small scale applications and the City is authorized to make this change without prior State approval because the application was under three acres in size. Ms. Carpenter said the Planning Commission unanimously recommended approval of this request on August 21, 1991 and Council approved this item on first reading on September 11, 1991. She said a rezoning from B-6 to R-3 is running concurrently and is scheduled for May 27, 1992. Ms. Carpenter said there is an existing mix of residential and commercial on the south side of McNab Road, between Pine Island Road and University Drive. She said there is no planned entrance to the Sawgrass Expressway from McNab Road and as a result, the City would not anticipate additional demands for commercial land along McNab Road. She said this site abuts a golf course and may be ideally suited for residential. Ms. Carpenter said there are three existing residential structures on the site totalling five units. She said in order to convert these structures to commercial uses would be cost prohibitive to the current owner due to the City requirements and the South Florida Building Code. She said Staff is recommending approval of this amendment. She said a non-profit organization had bought that parcel for a use as a prosthesis education center and found itself in non-conformance with the Building Code and were unable to get an occupational license. City Council Regular Meeting 5/13/92/KJ Page 7 Ms. Carpenter said they have since decided that selling the property is in their economic interest, but they cannot sell it as commercial, since there really is no market for it, but perhaps up against the golf course and in conjunction with parcels further to the west, it might have a value as residential; therefore, they have sought to change the land use back to residential. V/M Schumann asked if this is the property that they were going to put as half residential and a gas station and Ms. Carpenter said this is adjacent to that parcel. C/M Katz said he understood that they were looking for the rezoning because there would have been violations had they left it commercial. He said the residential zoning would allow up to 12 units. He asked if there is room based on the City's Code to allow 12 residential units on that site and Ms. Carpenter said if it is 1.29 acres and R-2 allows 10 dwelling units to the acre, the answer is yes. C/M Katz asked if they would have enough for an interior road and Ms. Carpenter said she is not looking at it from a site design standpoint, but technically speaking, 1.29 acres will accommodate 12 units at 10 to the acre. C/M Katz asked if they are looking for as much as they can get on the property and Ms. Carpenter said they are not in a zoning area, but in a land use, so they are not looking at site design and if they were looking for ultimate, they would have asked for R-4A, which is 15 to the acre. C/M Katz MOVED to APPROVE Temp. Ord. #1571, SECONDED by V/M Schumann. Mayor Bender OPENED the Public Hearing. Melanie Reynolds, resident, expressed her opinions regarding the advertisement of the public hearings. Anthony Grimaldi, resident, asked if Ms. Carpenter is avoiding the Planning Commission and Ms. Carpenter said this item has already been to the Planning Commission. She said her Staff report stated that the Planning Commission unanimously approved this request on August 21, 1991. Upon questioning by Melanie Reynolds, Ms. Carpenter read from Chapter 163 of the Florida Statutes, Page 1012, Chapter 163.3164, Definition #15, labeled Public Hearings, Subpart B, concerning advertising requirements for public hearings. TAPE 2 Mayor Bender CLOSED the Public Hearing. VOTE: ALL VOTED AYE 1.1 City Council Regular Meeting 5/13/92/KJ Page 8 5. b. a contract to Insituform Southeast, Inc., in the amount of $40,837.20 to perform sewer lining services utilizing Broward County Agreement for pricing services for TUE Project 90-25, Gravity Sewer System Repairs 1991/1992. APPROVED Mr. Couzzo read Item 5.b. by title. C/M Katz MOVED to APPROVE Item 5.b., SECONDED by V/M Schumann. VOTE: ALL VOTED AYE 6, approving a revised site plan for ICINGS POINT PROFESSIONAL PLAZA reflecting addition of office space, construction of a temporary dry model, construction of decorative walls, columns along the street and relocation and elimination of parking spaces. (located just east of Nob Hill Road and south of the private Clubhouse Road) . SYNOPSIS OF ACTION: RESOLUTION R-92-79-PASSED APPROVED Mr. Kraft read Temp. Reso. #6285 by title. Ms. Carpenter said this is an application by Lennar Homes for Kings Point Professional Plaza and is a major revised site plan. She said the applicant is requesting approval for major changes to the existing site plan for the project located east of Nob Hill Road and south of the private Clubhouse Road. Ms. Carpenter said the site is zoned B-5 and the use is consistent with the Comprehensive Plan. She said changes to the site plan include the addition of office space, construction of a temporary dry model, construction of decorative wall, columns along Nob Hill Road and the relocation and elimination of existing parking spaces. Ms. Carpenter said the applicant is requesting a waiver of the height of the wall with this site plan request and there is detail on Page 3 of the plans which shows the wall height. She said the wall is six feet high and at certain points, there is a decorative piece that goes on top of the wall which is one foot, six inches higher, which makes the total wall height seven feet, six inches tall in those places. Ms. Carpenter said the applicant is proposing additional square footage as well as reducing the number of parking spaces. She said if the property were developed as B-5, such as for a medical office or other office space, it would be short parking spaces, but based on the temporary model uses, it has enough spaces. She said were this office parcel to be severed from the recreation parcel, and this parcel would ultimately be developed for an office use, there would be enough parking on site. Ms. Carpenter said the parking agreement would have to be recorded or a parking waiver or another solution to the potential parking _J City Council Regular Meeting 5/13/92/KJ Page 9 problem be identified. She said it is Staff's expectation that Lennar Homes will be another 15 years or so in this market and does not expect it to be a problem in that time. Ms. Carpenter said particular areas on the existing building have been identified as temporary. She said portions of these buildings need not remain since the existing square footage violates the square footage restriction on the Plan. She said since construction being proposed is only temporary, no traffic impact fees and no County fees are being collected. Ms. Carpenter said the Planning Commission reviewed this project on May 6, 1992 and their recommendation for approval was forwarded to the City Council and Staff recommends approval of the revised site plan subject to the Findings of Fact. C/M Katz MOVED to APPROVE Temp. Rego. #6285, SECONDED by V/M Schumann. C/M Schreiber asked if the columns going up are going to be part of the wall and Ms. Carpenter said, yes. C/M Schreiber asked who will be responsible to maintain this wall when Lennar Homes vacates and Ms. Carpenter said whoever owns the property, it is not in the right-of-way. C/M Schreiber asked if this is part of the development and Ms. Carpenter said technically, Kings Point is the residential properties, but the commercial piece is being looked at as part of the approved overall project. She said the intended use is for a medical office at some point in the future. C/M Katz requested that Lennar Homes comply with either the City Code or Stipulation 9, whichever is more stringent regarding the street lighting. He requested that a stipulation be made that the NFPA requirements for a permanent structure of that size and nature be followed, rather than for a temporary facility. He said the City is going to have people walking through there and there will be more people in there at any given time than there would be in any residence or commercial office. Nick Condorousis, representative of Lennar Homes, said Kings Point Professional Plaza was built eight or nine years ago and is where Lennar currently houses its sales center. He said Lennar's sales center, or a very small fraction of it, is office space and sales floor. He said Lennar's product is apartments and the products are on display at this center and occupy the vast majority of the floor space of the facilities currently occupied. Mr. Condorousis said it was originally intended, upon completion of the sales operation, that this space would be converted into a medical plaza in conjunction with the nature of the community that is being built. He said immediately north of that parcel is another parcel that fronts on Nob Hill Road. He said those commercial parcels are separate and apart from the residential portions of the recreational facilities. Mr. Condorousis said they believe that these are very attractive walls and are a part of an overall community identification program that Lennar is putting together. He said Stage 1 has an attractive fountain feature at the south entrance of the community and application has been made for a series of columns that will continue along Nob Hill Road to give the Kings Point community a particular identification. Mr. Condorousis said as Lennar Homes is the owner of the Kings City Council Regular Meeting 5/13/92/KJ Page 10 Point Professional Plaza, it is their obligation to maintain these walls and at some future date, if they were to sell that property to another party, they would assume the obligation to it. He said in regards to the standards associated with street lighting, as Lennar goes forward in amending these plans, that note is at the beginning and the street lighting has been installed within the property and appears to be adequate and has worked for eight years. Mr. Condorousis said when the sales center was first built, they never anticipated the sort of upward trend that Kings Point has taken. The apartments have become larger than anticipated initially; therefore, Lennar needs to project beyond the original phase and what will be the end. He explained the layout of the site. C/M Katz said his concern was whether there is a less stringent NFPA requirement for a temporary facility and requested that Lennar would stipulate the more stringent requirements. Mr. Condorousis said Lennar will stipulate to treat these facilities as if they were permanent. C/M Katz asked if the fire hydrant situation was settled and Ms. Carpenter said, yes. VOTE: ALL VOTED AYE 7. a. approving a plat entitled MALVERN. b. approving Development Order #286-1 for the MALVERN project (located on the north side of Westwood Drive, between NW 73 Street and NW 99 Avenue) RESOLUTION R-92-80-PASSED SYNOPSIS OF ACIZON__ RESOLUTION R-92-81-PASSED APPROVED 7.a. and 7.b. 7.a. Mr. Kraft read Temp. Reso. #6284 by title. V/M Schumann MOVED to APPROVE Temp. Reso. #6284, SECONDED by C/M Katz. Ms. Carpenter said this is an application by Lennar Homes for the approval of the final plat, Malvern. She said this is a 14.372 acre site located on the north side of Westwood Drive, between NW 73 Street and NW 99 Avenue. She said Council previously looked at the final site plan for Malvern. She said usually the site plan comes with or after the plat, but in this case, there is an existing perimeter plat on the property which allowed them to go ahead with the site planning. Ms. Carpenter said since Lennar wants individual lots, they are now bringing the plat to Council. She said the plat conforms with the site plat. She said the applicant has submitted the required opinion of title, the development review agreement and the public safety ingress/egress required documents. Ms. Carpenter said the applicant is proposing 110 detached villas as previously reviewed in the site plan process. She said this is not a concurrency review, which was done at the time of site plan. She said the Planning Commission reviewed this on May 6, 1992 and has recommended approval of this plat. She said Staff recommends City Council Regular Meeting 5/13/92/KJ Page 11 approval of this final plat subject to all of the Findings of Fact. VOTE: ALL VOTED AYE 7.b. Mr. Kraft read Temp. Reso. #6288 by title. C/M Katz MOVED to APPROVE Temp. Reso. #6288, SECONDED by V/M Schumann. Ms. Carpenter said she had nothing to add to this item. VOTE: ALL VOTED AYE 8. MOTION TO ADOET TeMg- Rego. #6282 concerning a request by Antonietta Harrington d/b/a The Dry Cleaner for special exception to permit a dry cleaning establishment in Bay 6 of THE MARKETPLACE AT TAMARAC, 6947 W. Commercial Boulevard, which is zoned B-2 (Planned Community Business). Petition #17-Z-92 RESOLUTION R-92-82-PASSED APPROVED Mr. Kraft read Temp. Reso. #6282 by title. V/M Schumann MOVED to APPROVE Temp. Reso. #6282, SECONDED by C/M Katz. Ms. Carpenter said this is an application by Antonietta Harrington for a special exception for an on -premises dry cleaner located in Bay 6 of the Tamarac Marketplace. She said the applicant has stated that she will meet all of the requirements found in the Zoning Code including no vehicular pickup or delivery services. She said customers must bring in and pickup, no wholesale work, no more than one 40 pound cleaning unit, the entire process shall use enclosed solvents, enclosed solvent reclaiming units with a carbon vapor absorber for vent odor, the venting of the boiler must be extended to prevent offensive discharge and the establishment shall be at least 100 feet from the nearest residence, door to door. Ms. Carpenter said all high pressure boilers operating at 15 pounds per square inch rated at more than 3 boiler horse power shall be enclosed in a non-combustible boiler room or enclosure as specified by the South Florida Building Code. The venting of boilers shall not be permitted unless the vent is more than 100 feet from the nearest residence or separated by a road between the vent and the nearest residence. Ms. Carpenter said Staff has determined that there is adequate parking for this dry cleaning establishment. She said the surrounding uses are as follows:.north-residential, R-1; east - commercial, B-1; south -residential, designation is the City of Lauderhill; and west -commercial, B-1. She said this site is located in a wellfield protection area Zone 3. She said the applicant will be required to obtain a hazardous material license from the Office of Natural Resource Protection, but there is a more severe licensing required for those in the wellfield itself, in Zone 1 and Zone 2. Ms. Carpenter said the Planning Commission has reviewed this application on May 6, 1992 and has recommended approval of this application. She said Council may set such additional conditions as are necessary to ensure the health, safety and welfare of the City Council Regular Meeting 5/13/92/KJ Page 12 residents. She said the Planning Commission set none; therefore, if Council chooses to set additional conditions, it must be done by a 4/5 vote according to the Code. She said Staff recommended approval and the applicant is present. C/M Katz asked what type of fuel will be used. Steve Harrington, representative for Antionetta Harrington, said this is the newer equipment which is computer -operated electrical. V/M Schumann asked if there is anything to prevent a spill from occurring and Mr. Harrington said it is a self-contained refrigerator unit and is not a transfer unit. C/M Katz said a sniffer is a collection of vapors which then is chilled and it brings it back to a liquid form. VOTE: ALL VOTED AYE 9, on first reading adding Section 16-229.5 to the Code authorizing the Pension Board to attempt to recoup monies paid for claims from liable third parties via subrogation. NOPSTS OF ACTION: APPROVED on first reading. Public hearing and second reading will be held at or after 10:00 a.m. on Wednesday, May 27, 1992. Mr. Kraft read Temp. Ord. #1607 by title. C/M Katz MOVED to APPROVE Temp. Ord. #1607, SECONDED by V/M Schumann. Mr. Kraft said this gives the Pension Board the right to go after third parties or their insurance companies for any claims that they may have to pay out. VOTE: ALL VOTED AYE 11. City Clerk - READING of Form 8B, Memorandum of Voting Conflict for County, Municipal and Other Public Officers, filed by C/M Katz pertaining to Item #8 on the City Council agenda of 4/22/92 on which he did not vote pursuant to Section 112.3143, F.S. SYNOPSIS OF ACTION: Carol Evans, City Clerk, read Form 8B in its entirety. Carol Evans, City Clerk read Form 8B in its entirety. (See Attachment 1) C/M Katz said his total gain would be approximately $.50 per month, but he did what he had to do legally. 12. V/M Schumann - No report. C/M Katz said he received a letter from the Boulevards of Tamarac City Council Regular Meeting 5/13/92/KJ Page 13 requesting vegetation for their area in cooperation with the County. He said the Boulevards states that they are having difficulty in achieving the requirements of the City and County Codes. He said this is an industrial area which has no means of reoxygenation. C/M Schreiber - No report. Mayor Bender - No report. 13. City_ AttornigY Mr. Kraft - No report. Mr. Kelly said the City held an auction of some surplus equipment. He said it was estimated that the City would get approximately $5,000 and took the precedent of not hiring an auctioneer and handled the auction in-house with the proceeds totally approximately $11,000. He said there will be a subsequent auction in the near future for some vehicles and generators. Mr. Kelly said there is a free Health Fair scheduled to be held at the Recreation Center on Saturday, May 16, 1992 from 1:00 p.m. to 4:00 p.m.,_which includes various fitness evaluations such as blood pressure, cholesterol testing and other such evaluations. Mr. Kelly addressed the question by Nathan Peretzman regarding the debt service shown on the Tamarac Utilities West bill which is $4.50. He said Mr. Peretzman asked what this charge is for and it covers the 1986 Water and Sewer Bond issue that the City is in the process of trying to refinance. Mr. Kelly said Mary Seidel's concern regarding the recreation funds is a Council determination and will be discussed during the budget process. He said many departments generate revenues and have often requested that it be returned to their budget. Mr. Kelly said street traffic lights throughout the City which allow people to cross intersections allow a person to walk during the time that the flashing "Don't walk" indicator light is blinking. Mr. Kelly said he has received a request from the Fire Fighters regarding the County proposal for services and a meeting will be scheduled in the near future. Mr. Kelly said he received a request from Stan Bernard, former Charter Board member, requesting that the City provide legal services for him based on alleged violations of the Sunshine Law while acting in the capacity as a member of the Charter Board. He said he would forward this to the City Attorney for review. Mr. Kelly said he met with the Board of Directors of the Boulevards of Tamarac regarding the application to Broward County for vegetation. He said in order for an application to be considered, it must be received by the County by the first of the month and it will be on the agenda for the next Council meeting for consideration. Mr. Kelly said the liability to the City would be that the City would be placing trees into the median strips. He said the County has concerns about putting trees in median strips without curbing. City Council Regular Meeting 5/13/92/KJ Page 14 Mr. Kelly said he has no personal relationship with Medics Ambulance Service. He said the City is attempting to get the money back from Medics Ambulance Service and it may have to go to litigation. With no further business, Mayor Bender ADJOURNED this meeting at 8:18 p.m. /A . L. BENDER MAYOR CAROL A. EVANS CITY CLERK CITY OF TAM.ARAC APPROVED AT MEETING OF�- 1 to I 4.01 C oe,Ito . FORM 811 MEMORANDUM OF VOTING CONFLICT FOR COUNTY, MUNICIPAL, AND OTNER LOCAL PUBLIC OFFICERS I.ASl NAMF JUST NAMI MIDIN 1 NAMF TKATZ, IRVING MAILING AI)I)RI:ti5 6090 No. Sabal Palm Blvd. COUNTY Tamarac Broward DAl E ON M H ICH YOI F (X'CI 1 R R F U April 22, 1992 NAME. UP HOARD, (T]UN('ll-('0MMISSiIUA, AUl HOR11 Y.OR COMMI'll TAHARAC CITY COUNCIL 1 HF BOARD, COUN('ll- COMMI.tiSION. AU1 HORITY OR COMMIITEE ON WHICH I SERVE IS A UNIT OF: 3YTIlY O CW WV O 01HER LOCAL AGENCY NAME OF POLITICAI, SVVDIVISION. MY POSIT*N K. WHO MUST RILE FORM $11 XQ ELECTIVE O APPOINTIVE This form is for use by any person serving at the county, city, or other local level of government on an appointed or elected board, council, commission, authority, or committee. It applies equally to members of advisory and non -advisory bodies who are presented with a voting conflict of interest under Section 112.3143, Florida Statutes. Your responsibilities under the law when faced with a measure in which you have a conflict of interest will vary greatly depending on whether you hold an elective or appointive position. For this reason, please pay close attention to the instructions on this form before completing the reverse side and filing the form. INSTRUCTIONS FOR COMPLIANCE WITH SECTION 412.3443, FLORIDA STATUTES ELECTED OFFICERS: A person holding elective county, municipal, or other local public office MUST ABSTAIN from voting on a measure which inures to his special private gain. Each local officer also is prohibited from knowingly voting on a measure which inures to the special gain of a principal (other than a government agency) by whom he is retained. In either case, you should disclose the conflict: PRIOR TO THE VOTE BEING TAKEN by publicly stating to the assembly the nature of your interest in the measure on which you are abstaining from voting; and WITHIN 15 DAYS AFTER THE VOTE OCCURS by completing and filing this form with the person responsible for recording the minutes of the meeting, who should incorporate the form in the minutes. APPOINTED OFFICERS: A person holding appointive county, municipal, or other local public office MUST ABSTAIN from voting on a measure which inures to his special private gain. Each local officer also is prohibited from knowingly voting on a measure which inures to the special gain of a principal (other than a government agency) by whom he is retained. A person holding an appointive local office otherwise may participate in a matter in which he has a conflict of interest, but must disclose the nature of the conflict before making any attempt to influence the decision by oral or written communication, whether made by the officer or at his direction. IF YOU INTEND TO MAKE ANY ATTEMPT TO INFLUENCE THE DECISION PRIOR TO THE MEETING AT WHICH THE VOTE WILL BE TAKEN: • You should complete and file this form (before making any attempt to influence the decision) with the person responsible for recording the minutes of the meeting, who will incorporate the form in the minutes. • A copy of the form should be provided immediately to the other members of the agency. • The form should be read publicly at the meeting prior to consideration of the matter in which you have a conflict of interest. `. FORM Na - 1.91 PAGE 1 IF YOU MAKE NO ATTEMPT TO INFLUENCE THE DECISION EXCEPT BY DISCUSSION AT THE MEETING: • You should disclose orally the nature of your Conflict in the measure before participating. • You should complete the form and file it within IS days after the vote occurs with the person responsible for recording the minutes ` of the meeting, who should incorporate the form in the minutes. DISCLOSURE OF LOCAL OFFICER'S INTEREST IRVING KATZ , hereby disclose that on APRIL 22 , 19 92 (a) A measure came or will come before my agency which (check one) xx inured to my special private gain; or inured to the special gain of , by whom I am retained. (b) The measure before my agency and the nature of my interest in the measure is as follows: Agenda Item No. 8. Motion to approve a regijest by the Lakes of arriage Hills that the City of Tamarac assume maintenance responsibility of the medians at Sabal PalmBoulevard. My special private gain is that I an a resilient of Lakes of Carriage Hills and pay maintenance costs to the Lakes of Carriage Hills condominium association. My condominium association currently maintains the medians at Sabal Palm Boulevard and if the City Council voted to do the maintenance I would receive a special private gain because the maintenance by the City could result in a reduction of my maintenance fees to my condominium association. Afe—t 3c:- 6 TZ - Date Filed Signature NOTICE: UNDER PROVISIONS OF FLORIDA STATUTES J112.317 (1985), A FAILURE TO MAKE ANY REQUIRED DISCLOSURE CONSTITUTES GROUNDS FOR AND MAY BE PUNISHED BY ONE OR MORE OF THE FOLLOWING: IMPEACHMENT, REMOVAL OR SUSPENSION FROM OFFICE OR EMPLOYMENT, DEMOTION, REDUCTION IN SALARY, REPRIMAND, OR A CIVIL PENALTY NOT TO EXCEED $5,000. FADE I CE FORM 96 - 141