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,