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HomeMy WebLinkAbout1992-08-12 - City Commission Regular Meeting MinutesCity Council Regular Meeting 8/12/92/KJ Page 1 CITY OF T,AMARAC CITY COUNCIL REGULAR MEETING WEDNESDAY, AUGUST 12, 1992 CALL TO ORDER: Mayor Bender called this meeting to order on Wednesday, August 12, 1992, at 7:11 p.m. in Council Chambers of Tamarac City Hall, 7525 Northwest 88 Avenue, Tamarac, Florida. L=21 OF ALLEGIANCE: Mayor Bender called for the Pledge of Allegiance. PRESENT: Mayor H. Larry Bender Vice Mayor Henry Schumann Councilman Joseph Schreiber Councilman Norman Abramowitz Councilman Irving Katz John P. Kelly, City Manager Mitchell S. Kraft, City Attorney Carol A. Evans, City Clerk Karen Jackson, Secretary 2. d. renewal of a model sales permit and waiver of the 300-foot distance requirement for issuance of certificates of occupancy for SPRINGLAK$ II (WESTLAKE VILLAS) for a six-month period from 9/22/92 to 3/22/93. Removed from the Consent Agenda (See Page 13 for Final Action) until after the Public Hearing. C/M Schreiber MOVED to REMOVE Item 2.d. from the Consent Agenda until after the Public Hearing, SECONDED by C/M Katz. VOTE: ALL VOTED AYE 1•RUBLIC PAMICIPATIJ2K - 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 Medics Ambulance Service. John Hamilton, President of Mainland 7, requested information regarding the proposed agenda item concerning family home day care centers in residential areas. C/M Abramowitz requested that copies be made and handed out to all of the residents of an Interoffice Memo dated May 20, 1992. (See Attachment 1) Melanie Reynolds, resident, expressed her concerns regarding Staff raises. She voiced her disappointment in the new City Attorney and his position on various topics including the Charter amendment referring to Council salary increases. Anthony Grimaldi, resident of Heathgate Sunflower, referred to the Broward County right-of-way bus stop shelters. City Council Regular Meeting 8/12/92/KJ Page 2 Mr. Grimaldi expressed his concerns regarding the right to sell a vehicle in his driveway. C/M Katz said the private driveway and private property issue is excluded from the Ordinance. Sam Ringel, resident of Westwood 22, expressed his concerns regarding unleashed dogs in his neighborhood and the problems that arise from this situation. He requested Council's help with this problem. Ruth Charlesworth, resident of Mainlands 7, requested information regarding the family home day care situation in residential areas. Bernie Mann, resident, questioned the home day care topic. C/M Abramowitz addressed the family home day care subject referring to the memo dated May 20, 1992, (Attachment 1). Mr. Mann said there are 37,000 senior citizens in the City residing in single-family homes with little space between the homes, and it is not in the public interest to have home day care facilities in residential areas. He suggested that the City regulations be adjusted to afford the people wanting day care facilities to place them in the empty shopping centers instead of into private homes. C/M Abramowitz said the City received a letter from Broward County stating that the City's refusal to issue the permit was incorrect and illegal. He said the elected officials do understand the problem. Walter Rekuc, resident, expressed his appreciation for Council's passing of Ordinance 0-92-37 regarding off-street parking. He said a problem remains in the enforcement of this ordinance. Mr. Rekuc expressed his concerns regarding the dumping on vacant property. He expressed concern regarding the storage of non - operating vehicles in Department spaces and handicapped parking has not been provided. Mr. Rekuc informed the City of the need for grass cutting at Rock Island and NW 44 Street. He suggested that Code Enforcement cite the owners of the property. Mr. Rekuc said the Woodlands asphalt is continually being repaired without supervision by uninformed employees. He said the roadwork has been done approximately 20 times and is in need of repair again. Mr. Rekuc said he did not receive a reply to his inquiry into the hiring of the Recreation Director, Ed Doyle, and Vincent White's promotion over an employee working for the City for 4.5 years. A resident expressed his concerns regarding the family home day care centers in residential areas. He said the State declares that family home day care centers is a valid use for residential areas and the County has adopted this and the City is currently proposing to adopt the same wording. Mayor Bender said there will be an opportunity for the public to participate during a workshop to be held regarding this subject. He said there is a State and County requirement and the City must take a position in this matter. The resident stated that the concerns of the residents is the fact that there is a requirement for the presence of a fence, but the deed restriction states that no fences are allowed. Mr. Kelly said if a fence cannot be placed in the community, then there can be no day care center. City Council Regular Meeting,"j 8/12/92/KJ Page 3 Tina Celentano, resident in Section 7, expressed her concerns regarding the City changing from a senior citizen community. She requested Council consider the insurance liability with having children in the community, the pool area and other such situations. '►_ 5 Itch In 0 r 12. concerning a request by WESTLAKE VILLAS (SPRINGLAKE II) for a limited waiver of parking to waive the requirement for an additional ten percent (10%) of the required spaces designated on the site and posted on the spaces for guest only, located on the southwest corner of Westwood Drive and NW 77 Street. Petition #31-Z-92 Public Hearing was held. TABLED for a Council workshop to be held as soon as possible. Mr. Kraft read Temp. Reso. #6338 by title. C/M Katz MOVED to APPROVE Temp. Reso. #6338, SECONDED by C/M Abramowitz. Kelly Carpenter, Director of Community Development, said this is an application by Westlake Villas, Inc., to appeal the requirement for an additional ten percent of the required spaces designated on the site plan and posted on the spaces for guests only. She said the Code requires that after the Staff has determined what the minimum required number of spaces are, that an additional ten percent be added for guest parking. Ms. Carpenter said this is for Blocks 1 through 336 inclusive and the north portion of Parcel A, Plat Book 109, Page 11. She said this was platted in Springlake II, but this portion was site planned as Westlake Villas and is not Springlake II. Ms. Carpenter said this property is located approximately on the southwest corner of Westwood Drive and NW 77 Street. She said the applicant is requesting a waiver of the required 36 guest parking spaces for this project. Ms. Carpenter said due to an oversight by the developer, 15 parking spaces shown on the originally approved site plan, were never constructed. She said the parking spaces do not look like parking spaces. She said the City Staff did not catch this problem until February, 1992 and the site plan was adopted in the fall of 1988. She said the Certificates of Occupancy had already been issued for a majority of the units when the problem was discovered. Ms. Carpenter said in addition to this problem, there were guest spaces which were identified on the approved site plan which were constructed on private property. She said they did show themselves to be on private property when the site plan was approved, but when people moved into the neighborhood and realized that they had guest parking spaces, they became very upset. Ms. Carpenter said the problem with the guest spaces, beyond the fact that they are on private property, is that in at least three cases, cars are allowed, by the site plan, to park right under those residents' bedroom window. She said the current property owners object to these guest spaces and some have threatened or have taken civil action against the developer to have these spaces removed. City Council Regular Meeting 8/12/92/KJ Page 4 Ms. Carpenter said the removal of these spaces would violate the site plan. She said attempts by the developer to resolve the parking issue at the Staff's instigation resulted in the developer applying for a revised site plan, which identifies the area designated S-1 on the far south end of the project as the spaces to correct the problem. Ms. Carpenter said the Staff recommended that this be approved as grass parking area but the Engineering Department had stated that in building a parking lot of that size, it needs to be paved. She said the Plan Adjustment Committee allowed that piece on the south end of the property to be changed from an S-1 site to 15 paved parking spaces. Ms. Carpenter said this has raised a further set of problems with a different set of neighbors who abut the area on the south end of the project that was designated as S-1. She said these residents have gone to court and have received a temporary restraining order barring the developer from paving the guest parking spaces on the S--1 site. Ms. Carpenter said the applicant has applied for this waiver of the 36 guest spaces and they have cited their hardship to Council and are present to plead their case. She said part of their argument is that they are single-family homes which are attached rather than multi --family units where the Code mandates an additional ten percent requirement. She said the City recently approved a project with similar conditions called Malvern. She said the Malvern site is attached single-family homes which was brought to Council with a site plan of 110 units. She said the Malvern subdivision of single-family homes was not required to have the ten percent additional guest parking spaces. Ms. Carpenter said the interpretation of the Code at that time was that it was single-family, even though it was attached. TAPE 2 Ms. Carpenter said there is a third site plan in existence which is the site plan that would be approved by the Plan Adjustment Committee, if Council approves this waiver of the 36 spaces. She said the site plan currently being reviewed identifies eleven spaces in two separate areas of the development for parking. Ms. Carpenter said Staff is requiring that those parking spaces be paved so it is clear to anyone looking to purchase the unit that it is parking. She said the developer owns the two parcels which are currently proposed for the eleven additional spaces. She said when these units are sold, Staff would require that there be an easement authorizing these parking spaces and that it remain in perpetuity on the property and be recorded with the deeds. She said Staff is also recommending that should this waiver be approved, that the easements be submitted to Council for review. Ms. Carpenter said the Planning Commission recommended denial of this request in a 5 to 2 vote and justified their recommendation of denial in the following manner: They found that the hardship of the applicant was self-imposed because of the applicant's failure to provide the parking spaces on the original approved site plan. Ms. Carpenter said the Staff has recommended approval of this 36 guest parking space waiver subject to the following conditions: 1) That the eleven additional spaces which Westlake Villas are proposing along the two parcels that are in the S-1 area be paved and that they be landscaped between the front end of the parking space and the units, 2) That the applicant submit the parking easements to the Council for review, and 3) A revised site plan, subject to all of the Findings of Fact that Staff has found on this site plan, be approved by the Plan Adjustment Committee. Ms. Carpenter said the applicant is required to provide 353 parking spaces in the development, some are for two bedroom units and some are for three bedroom units. She said if each space is counted, the applicant has supplied 342 spaces on lots with units L� City Council Regular Meeting S/12/92/KJ Page 5 which leaves a deficit of required parking spaces of 11 units, which the applicant is proposing to provide in the two parcels, not the S-1 parcel, that are on the site plan and the required ten percent additional for guest spaces is what the applicant is proposing to waive. V/M Schumann asked if the 36 spaces, that constitute the request for waiver, include the 11 or in addition to the 11 and Ms. Carpenter said they are in addition to the 11. C/M Abramowitz said there were errors and omissions along the line, but the Planning and Zoning Department and Staff have no right to make these decisions and should be left with the elected officials. He said if Council issues a waiver so that the recreation area does not have to be touched, which are the 11 spaces near the built in area, it would make sense for the developer to build 11 spaces where it does not infringe on anyone else. He said it is the City's obligation to settle this in a manner whereby the City would not be remiss in the implementation of the law and not having all of this turmoil amongst the residents. C/M Abramowitz asked if the City's needs are met if the Council grants the waiver and the developer builds 11 parking spaces in that area and Ms. Carpenter said the determination as to whether it meets the City's needs is at the Council's discretion. Ms. Carpenter said she would have to enforce the Code because the Code does not give her the authority to make any other determination. She said it would be Council's determination as to whether or not the City needs those 36 guest spaces or not. She said the reasoning in the applicant's hardship case was that these are single-family attached units rather than multi -family apartments that need gang spaces and in no single-family neighborhood does the City have the requirement for ten percent additional guest parking. She said the applicant is making his argument based on being treated the same as any other single- family neighborhood in the City. C/M Abramowitz asked if the problem would be alleviated if the Council were to grant a waiver and the developer were to agree to build 11 parking spaces where they will not infringe or be next to any occupied property, including what is the S-1 recreation area. Ms. Carpenter said it would make the problem go away in a legal sense and in a site plan sense, but whether the spaces are waived or not, this neighborhood is going to have a parking problem forever. V/M Schumann asked if the City is restricted from paving one of these areas based on the restraining order and Ms. Carpenter said the S-1 area on the south end of the site plan is not recommended by the Staff nor is it included in the applicant's proposal for payment. She said these are the 11 spaces on the side of the property and are not in the park. Ms. Carpenter said one is on 97 Avenue and the other is on 96 Terrace, next to Lot 19. C/M Schreiber asked when this site plan was originally approved and Ms. Carpenter said in 1988 and the regulations were the same as they currently are. C/M Schreiber said the developer did not put in the proper amount of spaces and created his own hardship. He said even if the waiver were granted, there would still be 36 spaces short on guest parking. He said the developer has a nice piece of property on the corner of 77 Street and NW 97 Avenue where the sales office is located. He suggested that the parking area allotted for the sales office be utilized for guest parking in order to alleviate some of the problems. He said some of these residents paid extra money in order to overlook the green area and there are others who are City Council Regular Meeting S/12/92/KJ Page 6 looking for sufficient parking somewhere so that there is no burden. V/M Schumann said 36 parking spaces are being waived. C/M Schreiber asked if it is a violation to close a public street and Ms. Carpenter said this has been reviewed in great detail with the neighborhood to the south and the BSO and Fire Departments and a recommendation will be brought to Council concerning the closure of the gates in the near future. C/M Katz said the statement was made that there would be a hardship whether the waiver is granted or not. He asked whether the City wants to compound this problem, how many spaces would it require to eliminate the hardship and what had the residents done for parking in the past other than parking under somebody's window. Ms. Carpenter said not only are there not adequate spaces to accommodate the guests, but there are not adequate spaces to accommodate the people living there because it is a family neighborhood, not a senior neighborhood. She said even if they met every requirement in the Code, a problem would remain in this neighborhood. She said there is no way to get the 36 spaces on the site, unless the park and the parking area for the models are used, which would accommodate 30 spaces. Ms. Carpenter said the residents want to park near their house, not in the guest spaces, and will most likely park on the street, which is what they currently do and get ticketed. Mayor Bender said this problem actually started when the additional ten percent requirement was added to the requirement of the number of parking spaces and Ms. Carpenter said the problem was started because the original site plan was unclear and even though the numbers added up on the site plan to be the required number of spaces, the required number of spaces could not be fingered on the site plan because they were invisible. Mayor Bender asked where it is permitted for parking when the ten percent does not have to be applied and Ms. Carpenter said it would be under single-family. Ms. Carpenter said these are single-family ownership units which are attached and the Code envisions a multi -family area with gang parking as opposed to single-family attached or detached. She said the applicant is basing his waiver on the interpretation of how to implement the ten percent. Mayor Bender asked if a hardship would remain if the ten percent requirement was removed and Ms. Carpenter said a parking problem would remain. Mayor Bender asked if this would meet the requirements of the City and Ms. Carpenter said it is allowable under the Code to grant a waiver which would take away the ten percent requirement for guest parking as long as the Council does the waiving. C/M Abramowitz questioned the situation in Pines III and Ms. Carpenter said that location is clearly single-family under the language of the Code because they are not attached units. C/M Abramowitz asked if the problem is because they are not defined as single-family homes and Ms. Carpenter said a strict interpretation of the Code would lead Staff to believe that the ten percent guest parking would apply. Mayor Bender OPENED the Public Hearing. Alan Gallagher, resident of Westlake Villas, said when the property was advertised, it was advertised with additional parking for guests; however, the owner had forgotten that he was selling City Council Regular Meeting 8/12/92/KA/ Page 7 the property to private individuals and when these people found out that he had placed parking on their property on which they were paying taxes, it became a problem. He said at present a resident cannot back out of his driveway due to other cars being parked along the roadway. He said there will always be a parking problem. Ron Wallace, resident, said the Planning Commission had a 5 to 2 vote to recommend denial and asked why no one had considered their decision. He expressed his dissatisfaction in Ms. Carpenter's representation of the developer's side of the case and not the residents' side. He said the residents should have a representative present in this meeting to speak in authority. He said the residents would appreciate the help from Council. Bob Kechejim, resident of Westlake Villas, said there are 11 spaces which are proposed to be paved and the units next to them are not sold at present and the residents moving into these units will have concerns. He said there is a paved parking lot already in existence. He suggested that the developer leave it as is. He said the residents need as much parking as they can get. He said he is in favor of the 11 spaces being installed. Harold Newman, President of the Tamarac Civic Coalition, said this matter has been defined as a self-imposed hardship and it appeared on the site plan. He suggested that Council investigate to determine who approved this at the very onset of the problem. Walter Rekuc, resident, said the people had paid for the parking, including the guest parking and the builder has additional property nearby that could be converted to parking spaces and it seems that the residents have been cheated. Eileen Rizzo, resident, said the builder did not take into consideration that Florida does not have much transportation and had built too many three bedroom units in too small of an area to accommodate three and four car families. Ed Stacker, attorney for Ruden, Barnett, et. al., said he represents the President of Westlake Villas, and also present is Bill Kraut, the developer of the project. He commended Ms. Carpenter for the thorough explanation of this complicated situation. Mr. Stacker said he is trying to resolve a problem that he wished did not exist. He said there was a site plan that had been approved in early 1982 which called for 170 units, which is one more than Westlake Villas is currently comprised of under the existing site plan. He said the site plan had provided for 90 two - bedroom units and 80 three -bedroom units and currently there are 139 two -bedroom units and 30 three -bedroom units. Mr. Stacker said the parking calculations for that site plan were based upon the Leadership Housing versus the City of Tamarac litigation that applied to this property and the parking requirements were 1.75 parking spaces per a two -bedroom unit and 2 parking spaces for a three -bedroom unit. He said the total required parking for this development was 318 spaces. Mr. Stacker said at the time when Westlake Villas came in 1987, they simply revised the originally approved plan. He said Westlake Villas advised the City that it was their intention to rely upon the Leadership Housing lawsuit zoning regulations with respect to future development of the site. He said it was Westlake Villas' intention to develop the site utilizing those lesser parking requirements. Mr. Stacker said it is his understanding at the time, that the City Staff had encouraged the developer to work as best he could within the confines of the regulations that were in place today, rather than in the old lawsuit and a compromise was struck whereby for this development, parking would be provided in the nature of a City Council Regular Meeting 8/12/92/KJ Page 8 garage and a driveway and interspersed throughout the development, there would be a certain number of spaces that would be grass parking. Mr. Stacker said when the site plan was set out on the property, it was able to provide for the number of spaces in the original plan and the development then went forward. He said the development is currently approximately 90% complete and has been developed in accordance with that plan which had been amended a few times. Mr. Stacker said in reviewing the Leadership Housing regulations, which this property was entitled to be developed under based on the court decision, the required parking for the mix of units that has been developed in Westlake Villas would result in 304 parking spaces. He said 353 parking spaces are being provided under the proposal to be presented to Council at a later time. Mr. Stacker said Ms. Carpenter had indicated that the developer is relying solely upon the regulations on the books that relate to single-family housing. He said the parking requirements that Ms. Carpenter referred to relate to single-family detached dwellings and duplexes. He said it is only when you disembark from a single- family or a duplex development that you then come into the interpretation of the Code that provides for a more stringent parking requirement under multi -family and then imposes the additional ten percent guest parking. Mr. Stacker said if this development were not in three to five unit buildings, but were duplexes, two units per building with the same number of units and the same mix of bedrooms, under the City's existing Code, the two -bedroom units require one parking space and the three -bedroom units require two parking spaces and the total parking requirement for this development as a duplex development would be 199 parking spaces. He said there are 353 parking spaces provided in the plan that the City is being asked to approve after the granting of this waiver, which is 154 additional spaces than if this were a duplex development. Mr. Stacker said there are inconsistencies in the application of the Code. He said the multi -family parking requirements, with the imposition of an additional ten percent guest parking requirement, is a requirement that logically applies to a rental apartment complex where there are no garages, no driveways and no assigned parking spaces. He said the Code recognizes that there is a free parking situation and calls for additional parking spaces. He said the analogy to the Malvern project is simply one that has the same type of fee simple ownership of the lots and attached units in buildings larger than duplexes. Mr. Stacker said in that instance, the existing Planning staff interpreted the Code as if this was more in the nature of a single-family development and that the guest parking requirement was not imposed on that site plan. He said it is being requested the Council not only help the developer, but the City and the residents of this development to get out of a very difficult situation. He handed out the approved site plan highlighting the 15 parking spaces that have not been provided in accordance with the originally approved site plan. Mr. Stacker said the functional purpose of guest parking is really not of benefit to the residents. TApZ 3 C/M Katz requested an explanation of how granting the waiver would help the residents where they do not have enough parking even if the waiver were granted and Mr. Stacker referred to the site plan he handed out and reviewed the parking spaces which have not been built in accordance with the plan. Mr. Stacker said there are two known vocal groups of residents of Westlake Villas and this problem came to rise in late 1991 when residents of the community came to the City to complain about City Council Regular Meeting .8/12/92/KJ d M,; y , yy>r•, Page 9 parking spaces that were constructed in accordance with the approved site plan and on lots that are owned by the occupants. He said at that time, the City staff did an analysis and reviewed the old site plan and discovered the actual count and realized there was a problem with a shortage of 15 spaces and there was a need to provide an alternative location for these spaces, but this would not resolve this group of residents' concerns that people were parking in their yards. Mr. Stacker said the developer then considered several options and in working with Staff, submitted a plan that provided for grass parking in the park area. He said the interpretation of Staff was that parking was permitted in this park area and if the developer could provide the additional spaces, it would not solve the concerns of those citizens who had bought lots and have parking in their side yards, but it would solve the problem of the deficiency. Mr. Stacker said it was never the developer's intention to pave the park area, but sought, through the Plan Adjustment process, an approval of an amended plan that would bring the development into compliance with the Code. He said the City's Engineer had made a comment that the park be paved and the site plan was then approved providing for the paving of the park area and the additional 15 spaces. Mr. Stacker said in modifying the plan that was reviewed, processed and approved, the developer eliminated one unit in order to provide a driveway and access into the park area. He said the other group of residents are complaining that they bought a unit that backs up to a park and they object to the park being utilized for parking. Mr. Stacker said the developer understands these concerns and did not anticipate that a lawsuit would be filed and proceeded to construct the building eliminating the one unit to provide access to the park in the future. C/M Schreiber said he had attended a hearing and listened to the people in the neighborhood speak and mention the fact that they had expended extra dollars to look over a green area. Mr. Stacker said a court recorder is present due to the developer being involved in litigation, not with the City of Tamarac, but with a group of residents of Westlake who have objected to the park being utilized for parking. He said their concerns are understood, but the property is in accordance with the existing site plan and the developer has no interest in fighting a battle in the Circuit Court. He said the developer is present to request that Council recognize the unique circumstances regarding this development and how the literal interpretation of the Code applied to this situation creates a hardship and that with the granting of this waiver, the developer will have achieved the solution to the complaints. Mr. Stacker said the effect of the granting of the waiver will result in the elimination of the parking spaces that are objected to by some of the residents in their yards and will eliminate the need in order to satisfy the required parking requirement of paving the park, which are the concerns from the two groups of residents. Mr. Stacker said if Council would look at the situation and recognize that it is just those spaces which were not provided and if they had been provided, there would be that many more residents complaining about grass parking spaces looking into their units. He requested that Council look at the form of ownership and the requirements of the Code to find that this type of development is more akin to a single-family or duplex development and that the requirement for ten percent additional guest parking spaces should not be required. He said the parking requirements are less stringent in a single-family situation. City Council Regular Meeting 8/12/92/KJ Page 10 Mr. Stacker said it was not the developer's fault alone that these additional spaces were not provided, but it was a requirement for parking over and above what a court order would have required, grass parking spaces in lots built with an oversight of 15. He said the developer has made every attempt possible to resolve and address the situation, providing additional parking spaces in lots where there is no purchaser with the conditions of approval of the City Staff, so that anyone purchasing those lots will know that there is parking adjacent to their lots. C/M Katz asked if this is contingent upon the approval of this waiver and Mayor Bender said, yes. Mayor Bender questioned the yellow markings on the site plan handed out to Council. Mr. Stacker said those are spaces that the previous City Planner had counted to come up with the required number of parking spaces, but they were to be grass spaces. He said what had happened in error was not just the developer's fault. He said the people that developed the plan, the people who issued Certificates of Occupancy and permits did not catch the error. He said the utility companies did not catch the error. Mayor Bender asked about the paving of this property now and Mr. Stacker said an individual now owns those lots; therefore, the developer could not come in and install parking and there are light poles and other utility equipment installed at present. Mr. Stacker said it is felt that the development fits in more under the single-family or duplex standards of the Code and the the Council's granting of this waiver is consistent with the Staff's position when the Malvern site plan was approved and did not require guest parking. He said this does solve the concerns of both groups of residents. He said the developer has placed these 11 spaces at two separate locations, five at one and six at another and it makes more sense to have them located separately for actual use of overflow parking. C/M Katz questioned Lot 29 which was not built on in order to have access to the park. Mr. Stacker said he does not think that the residents want vehicular access to the park area and C/M Katz said that there must be some sort of ingress and egress to the park. C/M Abramowitz asked if it is an S-1 zone and Mr. Stacker said, yes. Ms. Carpenter said this is 11,000 square feet of land. C/M Abramowitz said there are two diverse groups of residents and there is a problem. He asked if there would still be a problem if the waiver is granted and the two groups are satisfied. Ms. Carpenter said this is not a single-family area in any City in the County that does not have a parking problem when it comes to the guest spaces. She said our Code does not require guest parking in single-family neighborhoods; therefore, there will be a parking problem. C/M Abramowitz recommended this be discussed at another meeting in order to allow the residents to express their concerns thoroughly. Allen Gallagher, resident, said when the people purchased these units, they were under the impression that they would be getting extra parking for extra vehicles or guests which would be located at either end of the street. He said when he purchased his property, where the parking was shown on the diagram in the sales office, he was told that this property would be common property, but when the parking bumpers were installed and were too close to City Council Regular Meeting 8/12/92/KJ;,,s:.; Page 11 some of the residents' houses, they started researching the problem through Broward County. He said the residents were upset because these parking bumpers were placed on their property; therefore, if the resident owns the property, they do not want parking on it. He said the main concern of the residents is that they have lost those 40 spaces that the developer had told them would be available when the property was purchased. C/M Abramowitz asked if the problems are because of the loss of the parking spaces and the fact that the land belongs to the resident, not the developer and Mr. Gallagher said, yes. C/M Abramowitz MOVED to TABLE this item to a workshop meeting for a more thorough understanding of it. V/M Schumann requested that some residents may offer some type of solution for this problem. Mr. Gallagher said the consensus in the neighborhood is that they would prefer to see the customer parking lot left where it is so that they can park there. He said there will be people at the east and west ends of the development who will have to walk, but they had been told by the developer that they would have extra parking. He said the developer should make some kind of concession without tearing up the park to supply the parking spaces that were promised. Mayor Bender asked how many cars can be parked in that area and Mr. Gallagher said he has no idea, but it could probably be opened up more than it currently is. C/M Schreiber said the developer failed to provide the amount of parking spaces that were approved on the site plan. He said there is an attempt being made to resolve the problem. He asked if the 11 spaces are in addition to the 15 spaces and asked what is the correct number of spaces that the developer is looking to waive and Mr. Stacker said 36 guest parking spaces that are required for multi -family units. C/M Schreiber suggested that the developer meet with the residents to resolve this problem due to the failure of providing them with these spaces. V/M Schumann said Council has no authority to instruct Mr. Stacker as to how to handle his client. C/M Abramowitz MOVED to TABLE Item 12 to a workshop meeting as early as possible, SECONDED by C/M Katz. A member of the audience requested the meeting be held at night due to people working during the day. VOTE: V/M Schumann - AYE C/M Schreiber - NAY C/M Abramowitz - AYE C/M Katz - AYE Mayor Bender -- AYE C/M Katz suggested that the City Manager direct the residents to bring someone with them to represent them during the workshop meeting as did the developer so that the Council can objectively listen to both parties involved. Mayor Bender RECESSED this meeting at 9:00 p.m, and RECONVENED at 9:05 p.m. with ALL PRESENT. City Council Regular Meeting 8/12/92/KJ Page 12 13. on first reading concerning a request by Regency Homes, Inc., Agent, to rezone lands platted as I=DK NT TRACT 67 and located on the northeast corner of NW 88 Avenue and NW 75 Street from R-4A (Planned Apartment) District to R--1 (Single Family Residential) District. Petition #24-Z-92 Public Hearing was held. APPROVED on first reading. Second reading will be held on Wednesday, August 26, 1992 at or after 10:00 a.m. Mr. Kraft read Temp. Ord. #1621 by title. C/M Abramowitz MOVED to APPROVE Temp. Ord. #1621, SECONDED by C/M Katz. Ms. Carpenter said this is an application by Regency Homes, Inc., to rezone Woodmont Tract 67, Parcels A and B from R-4A to R-1. She said this is located at the northeast corner of Pine Island Road and NW 75 Street. Ms. Carpenter said the applicant is requesting this rezoning and he has also applied for a site plan approval which is currently at the level of Staff review and is not before Council at present. Ms. Carpenter said the rezoning is consistent with the goals, objectives and policies found in the Tamarac Land Use and Comprehensive Plans. She said the parcel is surrounded by the following: north -recreation, golf course, east -residential, R-4A, south -residential, R-4A, and west -community facility (City Hall) I-1. Ms. Carpenter said the applicant has filed a delegation request to amend a notation on the face of the plat to more closely match the type of development being proposed. She said the plat has approval of 224 garden apartments and the applicant is seeking to substantially reduce that number which will come before Council at a later date. She said the Planning Commission reviewed this application on August 5, 1992 and has recommended approval of this rezoning and Staff is recommending approval. C/M Abramowitz requested clarification of the request and Ms. Carpenter said the City is changing this to something that would be more compatible with the neighborhood. C/M Katz asked if Council does not approve this, is this still a contingency and have the people sold the property without the contingency. Ms. Carpenter said the owner of record, which is a trust in Chicago, has requested that they be notified when the second reading on this Ordinance is to take place, which is scheduled for August 26, 1992. She said if the property has not been closed on, they are going to request a tabling of the item, but the applicant, Regency Homes, has full ability to make the application. C/M Katz said he does not know if it is in the best interest of the City to rezone unless the City knows that the people who own are going to build in R-1 designation. Ms. Carpenter said the owners in Chicago do not want the property rezoned to R-1 if the closing has not taken place by the time the second reading of this ordinance is scheduled. City Council Regular Meeting 8/12/92/KJ Page 13 C/M Schreiber asked if this can be done and approved on first reading. TAPE 4 Ms. Carpenter said if the closing has not taken place, the owner has instructed Staff to request a withdrawal of the item and they are allowed to do that under the Code up to any time before a Motion is made on the item. C/M Abramowitz said if it is not in the best interest of the City, it is up to the Council not to approve it. Mayor Bender OPENED the Public Hearing. Harold Newman, resident, how it is possible for the developer to be selling the sites and having a sign posted stating that the area is already sold out without a sales office being present. C/M Abramowitz said he is aware that particular trees are being removed from the property which is required by law. Ms. Carpenter said there are some scientists who have been authorized by Regency Homes and Park West to proceed with soil borings and were authorized by Park West to install the sign. V/M Schumann asked if R-1 zoning change is granted as requested and they do not get title of the property, does the zoning remain or does it revert back to R-4A. Ms. Carpenter said it is Staff's recommendation that the second reading happens concurrent with or after the closing, but Staff is extremely cautious and is prohibited by the Attorney General to do contract zoning, which is what this may be. Cynthia Paddock, representative for Regency Homes, said the applicant has no intention of rezoning unless they close on the sale of the property and if the sale of the property does not close between Park West Construction and Regency Homes by the second reading scheduled for August 26, 1992, this will be withdrawn or tabled until such time as the property is closed on, in which case the zoning will remain R-4A. C/M Katz asked where the City stands with the possibility of additional fees being charged to the petitioner for a request to table by the petitioner due to the costs of readvertising and other expenditures. Ms. Carpenter said in the zoning case, the petitioner is required to stand the costs of the readvertising and unless the substance of the case changed, none of the Staff reports would be changed; therefore, there would be no additional costs incurred there. Mayor Bender CLOSED the Public Hearing with no additional response. C/M Schreiber asked if it is permissible for a developer to put up a misleading sign on a site indicating that all sections are sold out. Ms. Carpenter said in zoning cases, the owner is required and in this case, the owner has written a letter giving these people permission. She said the content of the sign indicating what is sold and not sold is not regulated by the City. VOTE: ALL VOTED AYE C/M Schreiber MOVED to WXTRDRAW tabling of 2.d. and include it in the Consent Agenda, SECONDED by C/M Katz. VOTE: ALL VOTED AY3 City Council Regular Meeting 8/12/92/KJ Page 14 2. Items listed under Consent Agenda, Item 2, 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. Utz- Clark a. MOTION TO &ZPROVE the minutes of the following City Council meetings: 1. 5/27/92 -- Regular Meeting 2. 6/10/92 - Regular Meeting 3. 6/18/92 - Special Meeting 4. 6/19/92 - Public Hearing 5. 6/24/92 - Regular Meeting 6. 6/29/92 - Special Meeting 7. 6/29/92 - Joint Special Meeting with Charter Board 8. 7/02/92 - Special Meeting APPROVED b • MQjZON .TO APPROVE renewal of a model sales permit, waiver of the 300-foot distance requirement for issuance of certificates of occupancy, and approval of ten (10) parking spaces in lieu of thirteen (13) spaces for DEVON, Building I, Units 107 and 201, for a six-month period from 8/28/92 to 2/28/93. APPROVED C. NOTION TO ARXROVE renewal of a model sales permit for BANYAN LAKES, Units 11, 15 and 48, 6096 Pinetree Lane, for a six-month period from 8/22/92 to 2/22/93. UP??,OW•D d• MOION TO.A&PRO'VE renewal of a model sales permit and waiver of the 300-foot distance requirement for issuance of certificates of occupancy for SPRINGLMM II (NESTLAKE VILLAS) for a six-month period from 9/22/92 to 3/22/93. W_�'T• • go -• r e • NOTIQN TO AZPR= renewal of a model sales permit and waiver of the 300-foot distance requirement for issuance of certificates of occupancy for SPRINGLAKE VILLAS (NORTHWOOD II) for a six-month period from 9/13/92 to 3/13/93. APPROVED f• MOTION 10 APXB= renewal of a model sales permit for SPRING HOUSE APARTMENTS, Building 10, Units 391, 393 and 394, 5700 Rock Island Road, for a six-month period from 9/26/92 to 3/26/93. SXNOPglfi OF ACTION; APPROVED City Council Regular Meeting 8/12/92/KJ Page 15 T. . g. 1. UQZZQN TO APPROVE a revision to the model sales permit approved for WATERS EDGE on 2/26/92 and to expire on 8/2.6/92 by moving the model sales from the on -site trailer to the first unit in Building 6, 5902 NW 93 Terrace. 2. MOTION TO APPROVE renewal of a model sales permit, waiver of the 300-foot distance requirement for issuance of certificates of occupancy and approval of five (5) parking spaces in lieu of twelve (12) required spaces for WATERS EDGE, first unit in Building 6, 5902 NW 93 Terrace, for a six-month period from 8/26/92 to 2/26/93. 9YNOPSI3_OF_ ACTION: APPROVED 2.g.1. and 2.g.2. h. MOTION TO APPROVE a model sales permit, waiver of the 300-foot distance requirement for issuance of occupancy and approval of fifteen (15) instead of twenty-two (22) parking spaces for MALVERN Cluster B Building, Villas 4 to 8, for a six-month period from 8/12/92 to 2/12/93. 3YNQPSIB O!' ACTION* - APPROVED i. 1. MOTION TO ADOPT Tamb_ Rano- #6328 approving and accepting a Tamarac Utilities West Water and Sewer Utility Easement for a water meter and fire hydrant offered by INTERCONTINENTAL BANA, 6401 Commercial Boulevard. 2. jwjQTION_ TO ADQX:C Temo.___Reao #6329 approving and accepting a Tamarac Utilities West Water and Sewer Utility Easement for a water meter offered by INTERCONTINENTAL BANK, 6401 Commercial Boulevard. RESOLUTION R-92-124-PASSED SYNOPSIS QZ ACTIONS RESOLUTION R-92-125--PASSED APPROVED 2.i.1. and 2A .2. C/M Katz MOVED to APPROVE the Consent Agenda, SECONDED by V/M Schumann. VOTE: P.'V� qft1LG30_ F ; q 4'3W'4'4 A 3. MOTION -TO APPROVE a request by CATHAY CHINESE RESTAURANT, 7001 N. Pine Island Road, for relief under Section 19-2(b) of the Code for less garbage pick-ups than currently required by Code. APPROVED reduction of garbage pickup from six days to four days through December 31, 1992 providing a letter is obtained from the garbage hauler stating that quantity is sufficient for pickup 4 days per week. Mr. Kelly said Council has approved two previous extensions on their request for relief of garbage pickup service. He said the City requires that restaurants have a six day per week pickup service; however, the Code provides that Council has the City Council Regular Meeting 8/12/92/KJ Page 16 Opportunity to waive this requirement to provide some relief for this. Mr. Kelly said Cathay's Restaurant is requesting another waiver for service. He suggested that the timeframe for this relief be through December 31, 1992. C/M Abramowitz MOVED to APPROVE the extension through December 31, 1992, SECONDED by V/M Schumann. C/M Katz requested that a condition be made that a letter from the waste hauler be provided stating that the dumpsters are not full and the establishment is not in need of six day pickup service and Mr. Kelly agreed. C/M Abramowitz AMENDED the MOTION to include this condition, SECONDED by V/M Schumann. VOTE: ALL VOTED AY3 4. H=10N _ TO &ZXB= a request by MR. BAGEL i DELI, 6850 N . University Drive, for relief under Section 19-2(b) of the Code for less garbage pick-ups than currently required by Code. SYNOP IS OF T'JON: APPROVED reduction of garbage pickup from six days to four days through December 31, 1992 providing a letter is obtained from the garbage hauler stating that quantity is sufficient for pickup 4 days per week. Mr. Kelly said this is a similar request as in Item 3 and he recommended that the garbage pickup be waived to four days through December 31, 1992 and a letter has been received from the waste hauler in agreement with this waiver. V/M Schumann MOVED to APPROVE Item 4, SECONDED by C/M Abramowitz. VOTE: ALL VOTED AYE 5. MOTION = APPW= the purchase of gasoline and diesel fuel for the City's fleet of vehicles and equipment under Broward County's Co-op Bid No. D-04-92-17-19. TABLED pending more information regarding pricing. Mr. Kelly said in an effort to get the best price, the City has joined with Broward County to do a co-op bid, based on the number of bidders the County gets. He said there were 15 bidders to the County's proposal, which extends from July 1, 1992 through January 31, 1994. He said Brewer's Petroleum was the low bidder and he recommended this be approved. V/M Schumann asked what the price is per gallon for diesel and gas and the quantity. V/M Schumann MOVED to TABLE Item 5 pending more information, SECONDED by C/M Katz. VOTE: ALL VOTED AY$ I-] F�l I City Council Regular Meeting 8/12/92/KJ Page 17 RE OZIUZZQNI 6. MOTION TO ADOPT To - R2SQ,_jfi330 authorizing the appropriate City officials to execute an Agreement with the City of Oakland Park pertaining to the Mutual Building Inspection and Plan Review Assistance Program. SYNOPSIS Or ACTIONt RESOLUTION R-92-126-PASSED APPROVED Mr. Kraft read Tamp. Ras*. #6330 by title. C/M Abramowitz MOVED to APPROVE Tamp. Reno. #6330, SECONDED by C/M Schreiber. C/M Abramowitz said this was discussed during the Budget Workshop meetings. He asked if the City is in the position to provide services and get paid for them, and that the City is under no obligation to provide the services and Mr. Kelly agreed. Mr. Kelly said this is by the City of Oakland Park to secure an opportunity for Tamarac to provide service to them. He said the compensation is $50.00 per hour for Tamarac's Chief Building Official, $35.00 per hour for any Inspector that may be available and this is similar to a Mutual Aid Program that the City has with the Fire Department. Mr. Kelly said if Tamarac needs any assistance, the City of Oakland Park would provide it and vice versa and is usually done on an emergency basis. Mr. Kraft said in Paragraph 9 of the Agreement, it states that the providing City takes precedence over the requesting City. C/M Katz asked if Tamarac's Plan Review makes a recommendation, what is the City's legal exposure if the recommendation should not have been made. Mr. Kraft said there is a hold harmless provision within the agreement and it is also the understanding that the Risk Manager has reviewed this and is satisfied with the contents. VOTE: ALL VOTED AYE 7. XQXION ,XQ ADOPT Tema. R29o_ #6333 authorizing the appropriate City officials to execute an Interlocal Agreement with Broward County for the Furnishing of Mutual Emergency Aid (such as during a hurricane). SYNOPSIS OF ACTION: RESOLUTION R-92-127-PASSED APPROVED Mr. Kraft read Temp. Reno. #6333 by title. C/M Katz MOVED to APPROVE Temp. Reno. #6333, SECONDED by V/M Schumann. Mr. Kelly said this is to secure an Interlocal Agreement with Broward County due to the County being in a better position to acquire monies and services to provide for emergency preparedness. He said the Risk Manager has reviewed this and found it to be satisfactory. Mr. Kraft said that Section 2.12 provides for indemnification of these two parties. VOTE: ALL VOTED AYS City Council Regular Meeting 8/12/92/KJ Page 18 8. MOTION TO _ADOPT TamM Rang- #6331 to waive the provisions of the sign code pertaining to size, location and height to allow three (3) use -related ground signs to be erected on the southeast corner of Nob Hill Road and NW 71 Place as requested by Lennar Homes for various KINGS POINT projects. SYNOPSIS_OF ACTION: RESOLUTION R-92-128-PASSED APPROVED Mr. Kraft read Tamp. Reso. #6334 by title. C/M Katz MOVED to APPROVE Tamp. Rego. #6334, SECONDED by V/M Schumann. C/M Schreiber said this is a request for a seven foot sign to replace a three foot sign. He asked what affect this will have on the surrounding area. He asked why Lennar Homes does not place a sign on the west side of Nab Hill Road to inform the southbound traffic as to where to go in the event they want to go to Clairmont, Devon and anywhere else in that area. Ms. Carpenter said Lennar Homes does have plans to do this. Dan Wood, Chief Building Official, said he does not know what affect this would have on the shopping centers. He said he can only reflect what the signs are and how they relate to the Code and the violations. C/M Abramowitz said in the past Council has made some waivers of signs within the City. He said if a sign is aesthetically pleasing, he would have no objection to directional signs. C/M Schreiber said the City has a Sign Code which took two years to develop, yet Council continues waiving it. He suggested something be done to correct the Sign Code. C/M Abramowitz said the Sign Code does need to be amended. VOTE: ALL VOTED AYE 9. a. XQTJQN TO ADOPT Tamp Rgao- 46335 authorizing the appropriate City officials to execute an agreement with Broward County to Erect and Maintain Bus Stop Shelters in Broward County Rights -of -Way within the City. b. MQTjON TO AUTHORIZE the signature of the City Manager on permit applications under the agreement with Broward County to Erect and Maintain Bus Stop Shelters in Broward County Rights -of -Way within the City. C. authorizing the appropriate City officials to execute an Addendum to the 2/26/90 Agreement with Public Advertising, Inc., to coincide with the language in the agreement between the City and Broward County to Erect and Maintain Bus Stop Shelters in Broward County Rights -of -Way within the City. RESOLUTION R-92-129-PASSED RESOLUTION R--92-130-PASSED APPROVED 9.a., 9.b. and 9.c. 9.a. Mr. Kraft read Temp. Reso. #6335 by title. C/M Abramowitz MOVED to APPROVE Tamp. Reso. #6335, SECONDED by C/M Katz. C/M Abramowitz said in the past it was brought to Council's attention that there was a need for bus shelters. He said the man handling the bus shelters went to the proper agencies and the bus shelters were erected. He said Broward County then made it a 11 City Council Regular Meeting 8/12/92/KJ Page 19 requirement that their approval was needed. He expressed his appreciation to Mr. Bernstein for his achievements. C/M Katz asked if there is any provision for the bus shelter company to pay for the electric bill and the requirement for a meter in each bus shelter. Mr. Kraft said the addendum in this agreement does not refer to that. He said that is part of the February 26, 1990 agreement. He read a portion of the February 26 agreement. VOTE: ALL VOTED AY! 9.b. Ms. Carpenter said the agreement with Broward County states that whenever Tamarac wants to place a bus shelter in the Broward County right-of-way, the City must fill out a permit application which is what Council approved in Item 9.a. She said this is a request that the City Manager's signature be sufficient to move the item rather than to have to bring it back to Council. C/M Abramowitz MOVED to APPROVE Item 9.b., SECONDED by V/M Schumann. VOTE: ALL VOTED AYE 9.c. Mr. Kraft read Temp. Reno. #6339 by title. V/M Schumann MOVED to APPROVE Temp. Reno. #6339, SECONDED by C/M Katz. VOTE: ALL VOTED AYE 10. MOTION TO ADOPT Temp_ Reno_„#6337 amending Resolution R-92-74 authorizing the issuance of the City's Water and Sewer Utility Revenue Refunding Bonds, Series 1992, to include certain provisions required by Financial Guaranty Insurance Company. SYNO►3YS Off` AQL RESOLUTION R-92-131-PASSED APPROVED Mr. Kraft read Temp. Reno. #6337 by title. C/M Katz MOVED to APPROVE Temp. Reno. #6337, SECONDED by V/M Schumann. Mr. Kelly said the F.D.I.C. agreed to permit the Series 1992 Bonds to be sold and delivered on the assurance that he would present to Council an amendment to the resolution for consideration at the first regularly scheduled meeting in August. He said these are some technical requirements that the insurer required and are contained in the body of the resolution without specifications. He said this is a commitment that Council had agreed to make following Council's vacation. VOTE: hf0�4MIL0104,4"IMA471 11. MOTION TO ADOPT Ign. aggg. ffiaafi authorizing the appropriate City officials to execute an Agreement with Westway Towing, Inc., for a three (3) year towing franchise for the City of Tamarac (Bid #92-11). 3XNQZfij3 OF ACTION: RESOLUTION R-92-132-PASSED APPROVED Mr. Kraft read Temp. Reno. #6326 by title. C/M Katz MOVED to APPROVE Temp. Reno. #6326, SECONDED by V/M Schumann. City Council Regular Meeting 8/12/92/KJ Page 20 Mr. Kelly said this is a followup to Council's decision in reviewing the proposals for providing towing service for the City to be awarded to Westway Towing, Inc. He said most of the terms have been complied with and the insurance is to the City's satisfaction. He said there is a requirement of a $2,000 cash bond to be put up and the petitioner states that it will be in place on August 13, 1992 in the morning. He said immediately following the cash bond being paid to the City Clerk, BSO will be notified to begin utilizing Westway Towing. C/M Abramowitz asked about the $16,000 requirement and Mr. Kraft said $4,000 is required for the first quarterly payment. C/M Katz asked if there is anything in this agreement which precludes this operation of a body and fender repair and Mr. Kraft said, no. VOTE: ALL VOTED AYE 14, on first reading to add a new Section 14-39 to the Code prohibiting the parking or display of motor vehicles, trailers and boats for sale on any public rights -of -way or on any non-exclusive private area (tabled on 11/13/91). SYNOPSIS QX ACTION! APPROVED on first reading. Public hearing and second reading will be held on Wednesday, August 26, 1992 at or after 10:00 a.m. Mr. Kraft read Temp. Ord. #1581 by title, C/M Katz MOVED to APPROVE Temp. Ord. #1581, SECONDED by C/M Abramowitz. C/M Abramowitz said it is very clear on Page 2 in this ordinance regarding the ability to sell a private vehicle in the owner's driveway, V/M Schumann requested a definition for, "non-exclusive private area" and Mr. Kraft said that would be a commercial parking lot. VOTE: ALL VOTED AYE 15. NQTION TO ADOZI 12MR. Ord, #1618 on first reading amending Chapter 21 of the Code by adding a new Division 6 entitled "Delegation Request" to provide procedures to be consistent and compatible with the County platting requirements. SYNORSIS OF ACTION: APPROVED on first reading. Public hearing and second reading will be held on Wednesday, August 26, 1992 at or after 10:00 a.m. Mr. Kraft read Temp. Ord. #1618 by title. Ms. Carpenter said this is an application prepared by Staff to amend the text of the subdivision ordinance in the City. She said the reason this has been brought forward is two -fold. She said the City has processed several delegation requests in the past to the Council which deal with amending notes on the face of a plat. She said the County requires the City to make comment on those changes to the notes on the plat, even if the City does not have a stake in the changes to the notes, and the City does not have a process for approving them. City Council Regular Meeting 8/12/92/KJ Page 21 Ms. Carpenter said this is to establish the delegation process. She said Staff has encountered two situations in the past six months in which a plat has been approved by Council and has gone to Broward County, and in the interim, the applicant has needed to make changes to the lot layout on the plat and the City's Code requires that the applicant, in that case, replat the property rather than to seek a delegation request. Ms. Carpenter said Broward County would require the applicant either to allow their approval to expire, which takes 18 months or would require them to actually pay the impact fees and record it in the public records before they could come back to the City for the replat that the City requires. Ms. Carpenter said this is to set forth a process for major and minor delegation requests.. She said a minor delegation request is where there is a change to a note on the face of a plat. She said a major delegation request is a request in which a plat has already been approved by the City, has not been approved by the County and there is a change to a lot line, but it cannot be changed through the County until it is replatted, which is where a delegation is necessary. TAPE 5 C/M Katz said there had been a request for permission to change certain items on the plats without coming before Council for approval. He asked if this process is necessary after what Council has already approved. Ms. Carpenter said this is being brought before Council in order to give Council the authority to make minor changes. She said the City has the authority at the Staff level to permit minor amendments on site plans, but there is no authority at the Staff level to change a plat without bringing the request to Council. C/M Katz MOVED to TABLE this item. C/M Schreiber asked what the Planning Commission's recommendation was and Ms. Carpenter said they recommended approval. C/M Abramowitz said he remembers Council approval on minor changes on site plans, not on plats. Ms. Carpenter suggested that this be approved on first reading, based on the fact that there are items pending the approval of this ordinance. C/M Schreiber MOVED to APPROVE Temp. Ord. #1618, SECONDED by V/M Schumann. VOTE: ALL VOTED AYE 16. on first reading to establish an occupational license tax classification and fee for businesses operating a "private mail box facility". Mr. Kraft read Temp. Ord. #1619 by title. Ms. Carpenter said at present there are five licensed mailbox facilities within the City currently representing 154 licensed businesses. She said these five licensed mailbox facilities operate a total of 780 individual mailboxes, all of which are not leased. She said this proposal would license the mailbox facility at a facility, which it currently does. She said the City also licenses the 154 businesses that utilize these mailboxes. She said this proposal would add an additional $10 per box fee for each of the 780 boxes in the mailbox facility, which would generate an additional $7,800 in revenue, when all five facilities licensed each individual box, whether or not they rented it to someone. City Council Regular Meeting 8/12/92/KJ Page 22 C/M Abramowitz said it seems to be a little stiff. He said he does not mind them paying a fee if there is revenue generated from a mailbox, but paying a fee when it is not rented is a little stiff. V/M Schumann said paying $2,800 per year for 280 boxes is high and would force people to go to the U.S. Post Office. C/M Schreiber said this would hurt the postal centers which opened. He said it would be more appropriate to look deeper into the City's budget to eliminate an automobile rather than charging such a high fee to a business. C/M Abramowitz MOVED to TABLE Temp. Ord. #1619 for further review. Ms. Carpenter asked if the Council would be interested if the ordinance was brought back with a $10 charge to only the leased mailboxes and C/M Abramowitz said that would be acceptable to him. Ms. Carpenter said Staff meant that each box that has the potential of having rent collected from it, would have a fee attached to it. C/M Schreiber SECONDED the Motion to Table. VOTE: V/M Schumann - NAY C/M Schreiber - AYS C/M Abramowitz - AYS C/M Katz - AYS Mayor Bander - AYR General AdminiAtrative 17• on first reading to amend Section 2-2 of the Code to establish the City's mileage allowance to be the amount allowable for deduction as set by the Internal Revenue Service. 9XXQF is Or ACTION; APPROVED on first reading. Public hearing and second reading will be held on Wednesday, August 26, 1992 at or after 10:00 a.m. Mr. Kraft read Temp. Ord. #1615 by title. C/M Schreiber MOVED to APPROVE Temp. Ord. #1615, SECONDED by C/M Katz. Mr. Kelly said this is to amend the existing ordinance which states that the reimbursement rate is 21 cents per mile. He said this is allowing it to go to 27.5 cents per mile or the amount which is allowable by the I.R.S. and does not change any cap on the expense accounts. C/M Abramowitz asked if the rate will change any time the I.R.S. makes a change if this is approved and Mr. Kelly said, yes. VOTZ: C/M Schreiber - AYS C/M Abramowitz - NAY C/M Katz - AYS V/M Schumann - AYg Mayor Bender - AYE City Council Regular Meeting 8/12/92/KJ Page 23 1.1 18. MOTION TO ADOPT T=9 _ Ord. #1624 on first reading approving three-year agreements between the City and the following firms to provide commercial waste hauling services within the City: 1. All Service Refuse Company 2. Browning -Ferris Industries of Florida, Inc. 3. County Waste, Inc. 4. Industrial Waste, Inc. 5. Southern Sanitation, Inc. SY1+10PSZB eF 8CXXON, APPROVED on first reading. Public hearing and second reading will be held on Wednesday, August 26, 1992 at or after 10:00 a.m. Mr. Kraft read Tamp. Ord. #1620 by title. C/M Abramowitz MOVED to APPROVE Tamp. Ord. #1620, SECONDED by C/M Katz. Dina McDermott, Assistant City Manager, said this is to provide a non-exclusive franchise agreement with the above -mentioned companies. She said this is to provide commercial garbage service within the City limits for a three year period of time. Ms. McDermott said presently the City receives a 10% franchise fee, which will continue. She said the City has presently received $148,000 in franchise fees in the past budget and it is expected to increase to approximately $160,000 during the 1992/93 fiscal year. She said this contract also provides that the City will be reimbursed for services in preparation of this agreement, which includes MAS services equalled to $8,400 and the advertisement costs which equals approximately $100. Mr. Kelly said Larry O'Connor has requested that he be dropped from the commercial franchise and that his bond be returned to him;,therefore, the Motion needs to be modified deleting Larry O'Connor Sanitation Services from the ordinance. C/M Abramowitz MOVED to AMEND the Motion deleting Larry O'Connor Sanitation Services, SECONDED by V/M Schumann. VOTE: C/M Abramowitz - AYE V/M Schumann - AY$ C/M Schreiber - AY$ C/M Katz -- ABSENT Mayor Bandar - AYE Mayor Bender asked if the City currently has provisions for the City to share on recycling and Ms. McDermott said this contract is specifically for commercial garbage waste hauling. C/M Abramowitz said the City has the Tri-City Recycling Program and Ms. McDermott said the City has a program within the City of Tamarac which is under a grant which is a pilot program for recycling for businesses. She said any revenues that are received on franchise fees are included in the gross receipts. VOTE: ALL VOTED AYE City Council Regular Meeting 8/12/92/KJ Page 24 19• on first reading placing an amendment to Section 6.04 of the Charter on the 11/3/92 ballot establishing single member districts for Councilmembers. 9YNQPJLU --- OF ACTION; APPROVED on first reading. Public hearing and second reading will be held on Wednesday, August 26, 1992 at or after 10:00 a.m. Mr. Kraft read Tamp. Ord. #1616 by title. C/M Katz MOVED to APPROVE Tamp. Ord. #1616, SECONDED by V/M Schumann. VOTE: C/M Katz - AYE V/M Schumann - AYE C/M Schreiber - AYE C/M Abramowitz - NAY Mayor Bander - AYE 20. ffi4T 4N To ADQPTTemig, Ord, #1fi22 on first reading placing an amendment to Sections 8.02 and 8.03 of the Charter on the 11/3/92 ballot limiting the duties and powers of the Charter Board. APPROVED on first reading. Public hearing and second reading will be held on Wednesday, August 26, 1992 at or after 10:00 a.m. Mr. Kraft read Temp. Ord. #1622 by title. C/M Katz MOVED to APPROVE Temp. Ord. #1622, SECONDED by V/M Schumann. C/M Abramowitz asked if there are two public hearings required for Item 19 and Mr. Kraft said only one is required on second reading. C/M Abramowitz asked if a public hearing is required for Item 20 and Mr. Kraft said all Charter amendments and ordinances require a public hearing on second reading. C/M Abramowitz said he does not agree placing this on the agenda without first meeting with the Charter Board for discussion. VOTE: V/M Schumann - AYE C/M Schreiber - AYE C/M Abramowitz - NAY C/M Katz - AYE Mayor Bender - AYE 21. HQTION TO A=T - TBMp_ Ord. #1624 on first reading placing an amendment to Section 6.03 on the 11/3/92 ballot changing the Redistricting Committee's Report from being a final report to being advisory to the City Council. APPROVED on first reading. Public hearing and second reading will be held on Wednesday, August 26, 1992 at or after 10:00 a.m. Mr. Kraft read Temp. Ord. #1624 by title. C/M Schreiber MOVED to APPROVE Temp. Ord. #1624, SECONDED by V/M Schumann. VOTE: ALL VOTED AYE City Council Regular Meeting 9/12/92/KJ Page 25 11 WAPEEF4 *I V/M Schumann - No report. C/M Katz said he toured the Water Treatment Plant with his grandson and suggested that an organized tour of the plant be made available to the middle and high schools in the area. He said the children should know what conservation is and what it means to have pure water. C/M Schreiber requested that the City Manager pursue getting the money due the City from the Medics Ambulance Service. He questioned whether the audit was done for one year or five years. C/M Schreiber said on NW 76 Terrace in Westlake Villas, the manholes are three or four inches above the roadway and asked why. Mayor Bender said this is usually done when there is a plan for resurfacing. C/M Abramowitz said he had a great vacation and is glad to be back. 23. City Attorney Mr. Kraft - NO report. 24. City Manager In Mr. Kelly's absence, Ms. McDermott said she would relay the information to Mr. Kelly regarding the ambulance service money. Ms. McDermott said tours of the Water Facility have been addressed by the Public Information Committee in the past. She said there have been insurance problems within the City and it would be required that each student have a signed hold harmless agreement and they would need to be transported by school bus. Mayor Bender said the audit shows that Medics Ambulance Service owes the City some money. He said Medics has written to the Federal Government and there may be some objections to it. He said the last direction given to the City Manager was to litigate. He requested that this be checked into. With no further business, Mayor Bender ADJOURNED this meeting at 10:20 p.m. CAROL A. EVANS CITY CLERK CITY 4F TAM,,RAC APPROVED AT MEETING OF -�% 9./.BENDER MAYOR �. Z. r ft TZ "Ay ZI PI : 54 • � t1 1 � �11 \ }11J MEMORANDUM TAMARAC COMMUNITY DEVELOPMENT DEPARTMENT TO: John P. Kelly, City Manager FROM: Kelly Carpenter,, Director of Community De ent DATE: May 20, 1992 RE: Family Home Day Care Licensing COPIES' 1 , ity Attorney; Judy Yacobellis, Occupational ervisor p nal License family home day care operation --____--^--"-- not apermitted use in a reside tial zoneTamarac h has been told that it is City one sense, that interpretation is correct, since, the ozonamarac. In in ordinance does not allow business uses in residential zones. g matter has come to my attention, because the person seeking This licensing in Tamarac, has complained tot Services Division, Child Care Licensingand Bro cial County Social Britt, has reminded us of the languagin the specialist, list, Yvonne Florida Statutes: "The operation of a residence as defined by law, registered or licensed with the day care home, as H and Rehabilitative Services shall corstitute a valid of Health for purposes of any local zoning re6ulatians an d residential use shall require the owner or operator of such familyno such regulation obtain an special pecial exemption or use permit or waiver, y or home to special fee in excess of $50, to operate in an area pay any residential use.,, zoned for BY. this memo, 1 am directing that the Occupational _Fr�!isar do the following: License Inform famil �cuir Y home day care applicants of the lice rent of Broward County, and that o licensing re -- � -the�! 'cam be allowed in Tamarac Pursuant properly licensed, . - p suant to the shove language from the statute. Further inform there that county licensing will involve it fire inspection, by either it county or it city fire inspector. 2. Prepare an amendment to the occupational licensing fee schedule setting; forth it fee of $50.00 for family home 'day care, licensed by Broward County or Florida Department of Human Resources. 3. Prepare an amendment to the zoning code (work with Vonder Muclen) to allow family home day care as defined in F.S. 125.0109, and as licensed and inspected by Broward County to be permitted as an accessory use in Tamarac. 4. By this memo, T am requesting that Judy respond with in 10 days, with the requested materials. 1,