HomeMy WebLinkAbout1992-09-09 - City Commission Regular Meeting MinutesCity Council Regular Minutes
9/9/92/KJ
Page 1
CITY COUNCIL REGULAR MEETING
WEDNESDAY, SEPTEMBER 9, 1992
QALh TO ORDER: Mayor Bender called this meeting to order on
Wednesday, September 9, 1992, at 7:00 p.m. in Council Chambers of
Tamarac City Hall, 7525 Northwest 88 Avenue, Tamarac, Florida.
PPEDGX OF ALLEGIANCE: Mayor Bender called for the Pledge of
Allegiance.
P4"XWT�
Mayor H. Larry Bender
Vice Mayor Henry Schumann
Councilman Joseph Schreiber
Councilman Norman Abramowitz
Councilman Irving Katz
ALSO )P,A"ENT :
John P. Kelly, City Manager
Mitchell S. Kraft, City Attorney
Carol A. Evans, City Clerk
Karen Jackson, Secretary
16. MOTXQN_TQ APPROVE the transfer of $4,318.06 for Change
Orders 21 3 and 4 for Concession Stand Project.
SYNOPSIS _Qkr�ACTION:
Agendized by Consent. (See Page 14 for Final Action)
C/M Katz MOVED to AGENDIZE Item 16, SECONDED by
C/M Abramowitz.
VOTE:
ALL VOTED AYE
C/M Schreiber requested that the action taken by Council on March
25, 1992, Item 6, appointing the voting delegate for the Broward
League of Cities be rescinded.
C/M Schreiber MOVED that the Item be RESCINDED, and MOVED to
APPOINT someone else for that position.
C/M Abramowitz said every year, prior to the Broward League of
Cities Convention, a new voting delegate is appointed by each of
the cities.
C/M Schreiber said at the time the item appeared on the agenda,
there was discussion and when the question was asked as to who the
voting delegate was the year prior, C/M Abramowitz had replied
that he was; however, the voting delegate last year was Diane
Glasser and the alternate was V/M Schumann. He said in view of
this, Council was not provided with factual information.
C/M Abramowitz SECONDED the Motion to RESCIND the appointment
and REAPPOINT a new voting delegate.
C/M Abramowitz said next year, prior to the Broward League of
Cities Convention, the cities will be sent a request for a new
voting delegate to be appointed.
C/M Schreiber WITHDREW both Motions, in view of the fact that
this will not accomplish anything at this time; however, Council
was not properly informed.
C/M Abramowitz said the voting delegate votes on the elected
officers on the Broward League of Cities and nothing else. He said
there was no opposition in the Broward League of Cities and the
City Council Regular Minutes
9/9/92/KJ
Page 2
people who were nominated were unanimously declared and there was
no vote. He said C/M Schreiber is correct in the fact that the
year before last he was the voting delegate and last year, he was
not.
Mayor Bender asked what the customary procedure for the voting
delegate to the Broward League of Cities and C/M Abramowit2 said
anyone who is an elected official can be appointed as a voting
delegate.
PUBLIC.,, PARTICIPATION
1. PUBLIC PARTICIPATION - Any member of the public may speak
to any issue which is not agendized for public hearing at
this meeting. Speakers will be limited to three minutes
during this item and at public hearings. There will be a
thirty (30) minute aggregate time limit for this item, and
speakers are encouraged to sign up in advance with the City
Clerk prior to their participation.
AXNPP S I S OF ACTION
(See Page 3 for continuation)
Nathan Peretzman, resident, expressed his concerns regarding the
situation with the Medics Ambulance Service. He requested that his
questions regarding the ambulance service be answered.
C/M Schreiber said Mr. Peretzman has merit in some of his
concerns. He said as an individual citizen, he, himself, had
appealed to Council to seek out and audit the records of Medics
Ambulance Service to determine if the City was entitled to funds
over and above $149,000 which was collected by them annually. He
said this was not done because the City sent the previous Fire
Chief to audit Medics' books, for which he was not qualified.
C/M Schreiber said the City finds out now that during the last
year of the contract that Medics Ambulance Service owes the City
over $40,000. He said this proves that the Council at that time
did not pay attention to the public's pleas. He said at present,.
nothing is being done to collect the money. He said he does not
see why the City does not proceed with action to force Medics to
pay the money due the City.
Mayor Bender said he has consulted with the City Attorney who
states that the City has sent a number of letters to Medics
attempting to collect the money due the City. He said Medics has
written to the Federal Government in an attempt to tell the City
that the Federal Government is prohibiting him from paying the
money due to the City. He said he has instructed the City Attorney
to proceed on a lawsuit to collect the money.
C/M Abramowitz said the ambulance contract in the City of Tamarac
is mandated by Broward County. He said the City has no choice in
which company handles the ambulance service within the City. He
said there is a procedure mandated by law. He said Broward County
is the agency which oversees the ambulance service and the checkup
by the City is handled by the Fire Department because of their
association with EMS and the Medical Rescue units within the City.
C/M Abramowitz said it is against the law for an elected official
to be involved in administrative matters and the City Charter
expressly forbids this. He said every time the City has done an
audit, it has been conducted according to the law. He said the
money due the City by Medics Ambulance Service is because there
was a tremendous upsurge in the ambulance service picking up
patients and an increase in the Medicare payments to Medics.
Ambulance Service.
C/M Abramowitz said the Federal Law states that it is against the
Federal kickback rate for Medics to give money back to the City.
He said there have been a number of letters between the City
Attorney and Medics Ambulance Service.
F]
City Council. Regular Minutes
9/9/92/KJ
Page 3
C/M Schreiber said in the contract between the City and Medics
Ambulance Service, it expressly provides for the City Manager to
appoint someone to audit the records annually. He said due to this
not being done, the City did not receive the funds it is entitled
to receive. He suggested that the City audit all of the years, not
just the past five.
CONSANT A 69ENDA
2. Items listed under Consent Agenda, Item 2, are viewed to be
routine and the recommendation will be enacted by ONE NOTION
in the form listed below. If discussion is desired, then the
item(s) will be removed from the Consent Agenda and will be
considered separately.
a. MOTION TO ADOPT TevW_ Rego. #6346 authorizing the
appropriate City officials to execute a Hold Harmless
Agreement with University Hospital relating to
University Hospital donating and administering 1,000
free flu shots to Tamarac residents at the Tamarac
Recreation Center on November 4, 1992.
SYNOPSIS OF ACTION: RESOLUTION R-92-139-PASSED
APPROVED
City Clerk
b. NOTION TO APPROVE the minutes of the City Council
8/12/92 Regular meeting.
SYNOPSIS 0A%�'��I
APPROVED
C/M Schreiber MOVED to APPROVE the Consent Agenda, SECONDED by
V/M Schumann.
VOTE: ALL VOTED AYE
1. PUBLIC PARTICIPATION (continued from above)
Mort Burdman, President of Mainlands, Vanguard Village, expressed
his concerns regarding a house in the Village which was sold to a
group of four men who have collected a fleet of trucks in the
neighborhood. He said the owner applied for and received a
building permit to expand the driveway across the lawn to allow
for a third vehicle, which would block the entrance of the house.
Mr. Burdman said according to the deed restrictions, expansion of
the driveway requires approval of the Board of Directors. He said
this approval was denied and the owner was so informed.
Mr. Burdman said he protested the issues of the building permit in
a discussion with Kelly Carpenter, Director of Community
Development, who rejected his protest with a mathematical
justification concerning the ratio of paved areas to total area.
He said there is a home currently in a residential area which
looks like a truck stop.
C/M Katz said there was an issue in the past regarding family and
what represented a family. He asked if this was taken into
consideration.
C/M Abramowitz said he recalled this being discussed several
times, but does not remember the outcome.
C/M Katz requested that this be researched for an conflict with
what Mr. Burdman has pointed out to Council and Mr. Kelly agreed.
City Council Regular Minutes
9/9/92/KJ
Page 4
C/M Abramowitz said Ms. Carpenter is bound by the laws. He asked
if it is possible for the City to demand an approval from the
Condo or Homeowner's Association prior to issuing a permit and Ms.
Carpenter said, no.
Ms. Carpenter said Staff warns the petitioner that the deed
restrictions may prevent what they are doing and it is the
responsibility of the property owner to secure any approvals from
the Homeowner's Association. She said deed restrictions are a
private contract between an individual and the other individuals
in their neighborhood and are enforced through the courts. She
said the City enforces the zoning regulations and the Building
Code and if an application meets all of the requirements of the
Building Code, the City is bound to issue the permit, with the
caveat that what they are doing may not be in accordance with the
Homeowner's Association. She said that warning will be printed on
the new building permit applications which are currently at the
printer, but the City cannot and does not demand it.
VIM Schumann asked what liability does the City have if this goes
to litigation and Mr. Kraft said if the City follows the Code and
gave the proper circumstances, he does not see a liability for the
City. He said the City is not required to warn the applicant, but
the City does it as a courtesy.
Mayor Bender asked what is to prevent the City from notifying a
Condo Association as a courtesy that someone has applied for a
permit, so that they will be aware of the situation prior to any
problems arising.
Ms. Carpenter said the City reserves the right to do that and in
cases in which it looks as though a problem may occur, the City
has contacted the Condo Association. She said in this case, the
neighborhood did not protest to the City until after a permit had
been issued and work had already commenced on the driveway.
Mayor Bender suggested that the City routinely send out this
information to the Associations and problems may be eliminated.
Mr. Kraft said if the City notifies Associations in advance, the
City is still obligated to issue the permits as per the Code,.
Ms. Carpenter said she would review this possibility.
Mr. Kelly read from the Code the description of "the family".
C/M Abramowitz said this is similar to "spot zoning". He said
there are deed restrictions present in this situation and the City
may open itself up to liabilities if the City were to get involved
in this type of situation.
C/M Katz suggested this be removed from the Code, if there is such
a problem.
RE S OLUT T,P"
PUBLIC AEG - 7 : 30 P X-
Communityw_Ppvelopment
3. $iUILIC HEARING - NOTION TG-- ADOPT T&Mg, Reso_ #6:�,$1
concerning a request by Sunrise Commercial Realty, Agent for
CINNAMON TREE PROFESSIONAL PLAZA, for a limited parking
waiver to reduce the parking requirement for medical offices
from 1 space per 150 square feet to 1 space per 200 square
feet. Petition #27-Z-92
AYNOPSIS QF ACTION: RESOLUTION R-92-140-PASSED
Public Hearing was held.
APPROVED
u
City Council Regular Minutes
9/9/92/KJ
Page 5
Mr. Kraft read Temp. Reso. #6351 by title.
V/M Schumann MOVED to APPROVE Temp. Reno. #6351, SECONDED by
C/M Schreiber.
Ms. Carpenter said this is an application by Sunrise Commercial
Realty, the agent for Cinnamon Tree Professional Plaza, located at
the northwest corner of Pine Island Road and NW 57 Street.
Ms. Carpenter said the applicant is requesting a waiver of Section
24-581 (a)(30), to reduce the parking requirements for medical
offices which they are proposing in their building. She said they
are proposing approximately 12,000 square feet of doctors' office
space, which, at 1 space per 150 square feet, would require SO
spaces and 1 space per 200 square feet would require 60 spaces,
resulting in a requested waiver of 20 parking spaces.
Ms. Carpenter said in the original development order approving the
site plan, there was a condition restricting the project and that
no use greater than 1 space per 200 square feet would be
permitted. She said this is the portion of the development order
that Council will be asked to consider in Item #4 of this agenda.
Ms. Carpenter said Staff has found that there is no hardship
because the hardship is self-imposed due to the applicant seeking
to put in medical offices of his own choosing. She said the
Planning Commission voted to approve this parking waiver and they
suggested that Staff provide additional information to Council
concerning medical office parking.
Ms. Carpenter said Staff has done a survey of other cities and
found that Ft. Lauderdale, Coconut Creek, Coral Springs, North
Lauderdale, Lauderhill and Davie, all have medical office parking
at one space per 200 square feet. She said the only neighboring
cities which have one per 150 square feet are Sunrise and Tamarac.
C/M Katz said he had asked if there is adequate parking to
substantiate allowing medical offices to be placed there and Ms.
Carpenter had stated that there was not adequate parking for one
space to 150 square feet.
Ms. Carpenter said at present there is adequate parking because
the building is not fully occupied, but if there building were
fully occupied, there are 195 spaces provided, which is exactly
the requirement for its 39,000 square foot building.
C/M Abramowitz said this building is mostly vacant; therefore, why
not permit the owner to bring business into the City.
C/M Schreiber said there is a lot of parking at this location due
to the vacancies. He said the owner is requesting a waiver in
order to get the prospective tenant he wants. He said the City
should provide the opportunity for him to rent the space.
V/M Schumann said the City is not giving the owner any more than
what was in the original order, which reads that there is a
condition restricting the project with no use with parking greater
that 1 per 200.
Ms. Carpenter said that means a requirement of one space per every
150 square feet of parking and V/M Schumann asked if it means not
greater than 1 in 200.
Ms. Carpenter said this is like an inverse pyramid. She said if
the parking is at one space per 150 square feet, it is a more
stringent requirement than parking at 1 per 200.
Mayor Bender OPENED and CLOSED the Public Hearing with no
response.
C/M Katz said Item #4 should have been discussed prior to Item #3,
based on the fact that if the criteria is eliminated for
City Council Regular Minutes
9/9/92/KJ
Page 6
establishing the 1 per 150, the waiver may not have even been
necessary.
C/M Abramowitz said that would change the ordinance, which is not
what needs to be done.
Ms. Carpenter said procedurally, the public hearings are usuall
done first and then the resolutions. She said in this case, theL
could be an argument that the resolution should be changed firs'
because it sets forth the requirement that no use greater than L
per 200 is in place and once the requirement is removed, the owner
will still need the parking waiver, because he is only providing
spaces at 1 per 200.
VOTE: ALL VOTED AYE
42SOLUTIONS
Comm"ity
4. MOTION TO ADOPT Tezqp_ Reso_ #6353 amending Resolution
R-85-15 which issued Development Order 133 for the CINNAWN
TREE PROFESSIONAL PLAZA project to remove the condition
that no use with parking greater than 1 space for 200 square
feet will be permitted.
SYNOPSIS OF ACTION_ RESOLUTION R-92-141-PASSED
APPROVED
Mr. Kraft read Tamp. Reso. #6353 by title.
C/M Katz MOVED to APPROVE Temp. Reso. #6353, SECONDED by
V/M Schumann.
ALL VOTED AYE
5. JfQTJQN x9 ADOPT Tegp_ Reso. #6354 granting a height
waiver from 6 to 7-feet for architectural columns on Nab Hill
Road between NW 71 Place and NW 80 Street for the KINGS
POINT Projects.
$XXQPSIS OF ACTION: RESOLUTION R-92-142-PASSED
APPROVED
Mr. Kraft read Temp. Reso. #6354 by title.
C/M Katz MOVED to APPROVE Temp. Reso. #6354, SECONDED by
C/M Abramowitz.
Ms. Carpenter said this is an application by Lennar Homes
requesting approval for a height waiver for architectural columns
throughout the Kings Point projects located along Nab Hill Road
between NW 71 Place and NW 80 Street. She said the sites are on a
variety of zoning categories including a commercial, a residential
and open spaces. She said the columns, as a land use, would be
consistent in each zone with the Land Use Plan.
Ms. Carpenter said these columns are considered to be fences under
the description of fences, walls and hedges, under Section 24-635
of the Code. She said the applicant promised to meet the Code
requirements regarding the setback in each zoning in which they
occur. She said the maximum height for fences, walls and hedges is
only six feet and the proposed columns are seven feet in height,
Ms. Carpenter said there are no concurrency issues associated with
the proposal and the placement of the columns does not interfere
with sight distance requirements. She said there is an updated
site plan from the Site Plan and Plat Review Committee meeting
which was held on September 8, 1992, in which the applicant
submitted a new document which placed the columns at 100-foot
separations instead of 200-foot separations. She said the spacing
L]
F�
City Council Regular Minutes
9/9/92/KJ
Page 7
of these columns is not before Council, but it needs to be known
that the site plans include that change.
TAPE 2
Ms. Carpenter said the issue before Council is approval of the
waiver of the fence from six feet to seven feet in height. She
said the Site Plan and Plat Review Committee has required a
landscape plan for the areas affected by the columns if one does
not currently exist.
Rick Weinberg, representative from Carnahan and Associates for
Lennar Homes, said these are the same columns which currently
exist in Malvern. He said Lennar wishes to continue this feature
along Nob Hill Road to NW 81 Street.
C/M Schreiber asked if there is a difference between the two sets
of site plans and Mr. Weinberg said the only difference is the
footage separation.
Ms. Carpenter clarified the difference between the two site plans.
C/M Schreiber asked for more information regarding the columns and
Mr. Weinberg said it is a column with a decorative cap on top.
C/M Schreiber asked if Lennar owns all of the property on the east
side of Nab Hill Road to NW 81 Street and Mr. Weinberg said the
columns run to NW 80 Street.
C/M Schreiber said there is a discrepancy in the documentation
regarding the location to NW 81 Street.
C/M Abramowitz said NW 81 Street is also listed in the resolution.
C/M Schreiber MOVED to AMEND the description anywhere in this
item where it reads "NW 81 Street" to read "NW 80 Street",
SECONDED by V/M Schumann.
Mr. Kraft reread Temp. Reso. #6354 by title as amended.
C/M Katz asked about the landscaping plan and Mr. Weinberg said
there will be ficus hedges and black olive trees.
Ms. Carpenter said the hedge is only permitted to grow to a height
of six feet unless a waiver is sought for something higher. She
said this waiver is only for the columns.
Mr. Kraft said that vote was to approve the amendment to the
description and the Item needs to be voted on.
VOTE:
1
ALL VOTED AYE
City Council Regular Minutes
9/9/92/KJ
Page 8
6. a. MOT14W T_Q_ADOPT Temp_ Reno. #6336 concerning a
delegation request by Regency Homes, Inc., to change a
note on the face of the plat of WOODMONT TRACT 67 from
224 garden apartments to 86 single family units, vacate
a turn lane easement and abutting 10-foot utility
easement. Petition #25-Z-92
b . MOTION,, TQ,. &DOPT T2p _ Reno- #6356 approving asite
plan for NOODMONT TRACT 67.
(located at the northeast corner of NW 88 Avenue and NW
75 Street)
SYNOPS14_,Py _ACTION:
APPROVED 6.a. and 6.b.
RESOLUTION R-92-143-PASSED
RESOLUTION R-92-144-PASSED
6.a. Mr. Kraft read Temp. Reso. #6336 by title.
C/M Abramowitz MOVED to APPROVE Temp. Reso. #6336, SECONDZD
by C/M Katz.
Ms. Carpenter said this is application by Regency Homes requesting
approval of a delegation request to amend a note on the face of a
plat to vacate a turn lane on Pine Island Road and the adjacent
10-foot utility easement. She said the note would change the
approved number of dwelling units from 224 garden apartments tc 86
single-family units.
Ms. Carpenter said the Engineering Department has signed off on
the vacation of the turn lane on Pine Island Road and on the
adjacent 10-foot utility easement.
Ms. Carpenter said the following comments will address Items 6.a.
and 6.b.
Ms. Carpenter said the 18.52 acre site is located on the ncrtheast
corner of Pine Island Road and NW 75 Street, directly across from
City Hall. She said the use is residential and the density
proposed is consistent with the Land Use Plan.
Ms. Carpenter said this Item has been rezoned as of August 26,
1992 to single-family residential, R-1. She said there is a site
plan pending which is Item 6.b. on this agenda. She said the Staff
recommended approval.
Cynthia Paddock, representative for Regency Homes, said this is a
housekeeping delegation request. She said the original plat was
intended to be used for multi -family residential and the plat
restricts it to 224 garden apartments. She said the rezoning was
approved to R-1 and this is a request to change the plat to match
the rezoning.
Ms. Paddock said this is the same as for the vacation. She said
the original plan had intended to have an entrance onto Pine
Island Road and an associated turn lane. She said the single--
family development does not intend to have any access onto Pine
Island Road; therefore, the turn lane is not needed and the
request is for this to be vacated and closed.
L
C/M Katz asked if the County issues the curb cut permit and',Ms.
Paddock said it would be County if there was to be a permit.
issued, but since there is no access intended, there is no Oermlt
to be issued.
VOTE: ALL VOTED AYE
City Council Regular Minutes
9/9/92/KJ
Page 9
6.b. Mr. Kraft read Tamp. Reno. #6356 by title.
C/M Katz MOVED to APPROVE Temp. Reno. #6356, SECONDED by
V/M Schumann.
Ms. Carpenter said the applicant has submitted an environmental
field assessment, a proposed resource management plan, a landscape
plan and a plot plan. She said the reason for the field assessment
and resource management plan is because there are 109 Cypress
trees on the site. She said the applicant is proposing to save
approximately 70% of these trees in three different areas on the
site plan.
Ms. Carpenter said this requirement for an environmental field
assessment is found in Tamarac's Natural Resource Protection
Ordinance.
Ms. Carpenter said the applicant has also submitted the building
elevations and floor plans a copy of which is recorded and
required by the Code. She said the recreation impact fees were
paid at the time of platting and local traffic impact fees have
been collected.
Ms. Carpenter said this site is located in a compact deferral
area; however, the site is currently vested because it is platted
as 224 units. She said the Planning Commission and Staff have
recommended approval of this site plan.
C/M Schreiber questioned whether the problem of the land being a
Cypress Wetland has been corrected and Ms. Carpenter said the site
is no longer a Cypress Wetland.
Ms. Carpenter said the wetland was disturbed in the 1970's when
the canals were dug for the Woodmont project. She said the Office
of Natural Resource Protection of Broward County would be
responsible to make this decision if there were a wetlands
situations.
C/M Schreiber asked about the flood zones and Ms. Carpenter said
the City has a Flood Plan regulation which requires that every
unit in the City have a building pad which is above the base flood
elevation and since the City is certified, no permit can be issued
without having this flood elevation.
C/M Schreiber questioned the meaning of the wording on the site
plan which read, "driveway... worst case scenario" and Ms.
Carpenter said this means the largest driveway which might be put
on the site and it reflects where the units are located for such
situations.
Ms. Paddock explained the site plan to Council.
C/M Schreiber asked if there is sufficient parking and Ms.
Carpenter said this is purely single-family, R-1, and Regency
Homes is in the position of meeting all of the requirements in the
Code. She said the parking will be in the driveways.
Ms. Paddock said there are five guest spaces by the swimming pool
one of which is a handicapped space.
VOTE: ALL VOTED AYE
City Council Regular Minutes
9/9/92/KJ
Page 10
7. MOTION TO MPRT T&mW_ Remo- 46344 approving a rev-sed
site plan for SHELL OIL STATION, 7000 N. University Drive
(at McNab Road) reflecting construction of a car wash,
maintenance building, trash enclosure, moving of parking
spaces and revisions to the landscape plan.
SYNOPAXS OF ACTION: RESOLUTION R-92-145-PASSED
APPROVED
Mr. Kraft read Temp. Reno. #6348 by title.
V/M Schumann MOVED to APPROVE Temp. Reso. #6348, SECONDED by
C/M Katz.
Ms. Carpenter said this is an application by Shell Oil for a major
revised site plan for the project located on the northeast corner
of McNab Road and University Drive. She said the request includes
the construction of a car wash, a maintenance building, a trash
enclosure, moving of parking spaces and revisions to the landscape
plan.
Ms. Carpenter said the site is zoned B--3 as a gas station with the
auxiliary use consistent with the Zoning and Comprehensive Land
Use Plans. She said the site is located in a compact deferral area
and the site does not have a vested plat; however, under the trips
law, service stations are given one flat trips rate with no
distinction for accessory uses. She said the determination
concerning this accessory use is that it is permitted under
concurrency and will generate no additional traffic.
Ms. Carpenter said in June, 1990, Council approved a car wash,
approved a site plan provision for this Shell station with a car
wash in the same location as it is shown on this site plan. She
said Shell Oil elected to not proceed with construction and the
site plan died as per the 18-month regulation. She said Shell Oil
is now wanting to revise the site plan.
Ms. Carpenter said on August 19, 1992, the Planning Commission
voted to deny this application stating that the car wash wo-Ald
interfere with traffic on McNab Road and that McNab Road and
University Drive was a dangerous intersection. She said the,
Planning Commission recommended that the car wash be located
elsewhere on the site.
Ms. Carpenter said Staff has recommended approval of this revised
site plan twice, once in 1990 and again in 1992, based on the
Findings of Fact. She said it will be found that there is no other
location to place the car wash on the site due to the setbacks.
V/M Schumann asked if this will be a car wash that the customer
receives a free wash with a fill up and Ms. Carpenter said she did
not know.
Kurt Keyser, representative for Shell Oil, said this decision
would be at the discretion of the local dealer at the location.
V/M Schumann asked who did the traffic flow survey.
Bill Duffy, representative for Shell Oil, said the survey was a
combination of traffic engineers and prior knowledge. He saLd it
was determined that the amount of gasoline customers desiring a
car wash free versus the various options varies.
V/M Schumann asked about the traffic flow survey and Mr. Duffy
said the survey is comparable to what is expected and is
marginally different than what the current traffic flow is.
C/M Schreiber questioned the exits to McNab Road and to University
Drive which may be hazardous. He asked if it would be possible to
direct all of the traffic from the car wash onto University Drive.
City Council Regular Minutes
9/9/92/KJ
Page 11
Mr. Duffy said the approaches are currently in existence and the
traffic patterns are not going to change due to the car wash. He
said it would be awkward to change the direction of the traffic.
He explained the pattern of the traffic to the car wash.
C/M Schreiber said 30% of the traffic is going onto McNab Road at
the same time that there is traffic coming out of the shopping
center parking lot adjacent to the station.
C/M Abramowitz said there is also an exit for the shopping center
next to the station exit onto University Drive. He explained the
various exits surrounding the station onto McNab Road and
University Drive. He said if the car wash directs the traffic onto
University Drive, it may be create a more dangerous situation than
directing the traffic onto McNab Road.
C/M Abramowitz asked if all the changes being requested are due to
the car wash and Mr. Duffy said, yes.
V/M Schumann asked what will govern someone coming out of the car
wash from traffic coming into the station off of McNab Road and
Mai. Duffy said by placement of all the directional equipment; it
should deter the traffic, which would force the person entering
the car wash to make a 90° right. He said it is impossible to
drive straight, and then there is a choice as to whether to
continue north or to exit west on McNab Road. He said the design
of the car wash drive makes it extremely awkward to make the 900
right and then a 900 left to exit on McNab Road.
V/M Schumann asked the distance between McNab Road and the exit of
the car wash and Mr. Duffy said there is a 25-foot dead area, the
minimum to the edge of the right turn, which is directed by the
local traffic authorities and the Planning Department.
C/M Katz asked if there is anything being done that would disturb
the tanks and Mr. Duffy said the reason this had been delayed for
the past 18 months is because of the contaminated site. He said
there is presently in place a stripper tower and there is
definitely a plume of contamination. He said it is not permitted
to do certain things within the plume, which has been addressed
and satisfied.
C/M Katz asked if there is a problem with the discharging of waste
water from the car wash and Ms. Carpenter said there is no problem
and there is a recycling plant on --site, directly west of the car
wash, which is required by other permitting agencies.
Mr. Duffy said a recycling system will be installed and the loss
of water is based on runoff and evaporation.
C/M Katz asked how contamination can be controlled and Ms.
Carpenter said the City has no jurisdiction on this. She said this
is handled through the State of Florida.
C/M Katz said he has a concern as to whether the City has any
control over any additional spillage because of a relocation and
Ms. Carpenter said there will be no relocation of gas tanks.
VOTE: C/M Abramowitz - NAY
C/M Katz - AYE
V/M Schumann - AYE
C/M Schreiber - NAY
Mayor Bender - AYE
City Council Regular Minutes
9/9/92/KJ
Page 12
8. MOTION TO AOQ,RT..Temp_ Reno_ #6349 approving a special
exception requested by Colony West Associates to allow a
delicatessen (Fins and Feathers) at SHOPS OF TAMARAC,
8651 W. McNab Road, which is zoned B-1. Petition #30-Z-92
SYNOP4TP OR ACTION: RESOLUTION R-92-146-PASSED
APPROVED
Mr. Kraft read Temp. Remo. #6349 by title.
C/M Abramowitz MOVED to APPROVE Temp. Recto. #6349, SECONDED
by C/M Katz.
+ru
Ms. Carpenter said the application shows the applicant's address
as 7975 W. McNab Road. She said the applicant showed the operating
address as 8651 W. McNab Road, and when the paperwork was prepared
for the meeting, the incorrect address of 7975 W. McNab Road was
used; therefore, the Resolution needs to be changed to read, 8651
W. McNab Road. She said the only public hearing which was required
to be held, which was held for this property, was advertised with
the correct address.
Mr. Kraft recommended that Council approve an amendment to the
Resolution. He read the amended Temp. Recto. #6349 by title.
C/M Abramowitz MOVED to AMEND Temp. Reso. #6349, SECONDED by
C/M Schreiber.
VOTE: ALL VOTED AYE
Ms. Carpenter said Colony West A§sociates, represented by Barry
Eden, is requesting a special exception for a delicatessen located
on McNab Road, east of Pine Islapd Road. She said the applicant
has stated that they will comply with all of the requirements for
a special exception in the Zoning Code.
Ms. Carpenter said the following.are the surrounding uses: north —
residential, east —commercial, south —commercial and west —
commercial. She said there will be no seating or restaurant area
on the site, but will be a delicatessen/carryout. She said there
is adequate parking on the site plan.
Ms. Carpenter said the Planning Commission has recommended
approval of this application and did not set any additional
conditions. She said Council may set such additional conditions
necessary to insure health, safety and welfare to the residents of
Tamarac.
VOTE:
Coung,tl
ALL VOTED AYE
9. MOTION, TQ ADOPT TMP _ Rapp, -10355 declaring the results
of the voting on 9/1/92 for amendments to Sections 4.02, and
4.04 of the Charter.
SYNOP,$IS OF ACTION-- RESOLUTION R-92-147-PASSED
APPROVED
Mr. Kraft read Temp. Reso. #6355 by title.
C/M Abramowitz MOVED to APPROVE Temp. Recto. #6355, SECONDED
by V/M Schumann.
VOTE: V/M Schumann
- AYE
C/M Schreiber
- AYE
C/M Abramowitz
-- AYE
C/M Katz
- ABSENT
Mayor Bender
- AYE
11
City Council Regular Minutes
9/9/92/KJ
Page 13
TAPE
11
ORDINANCES
g.pI'llDIfl�A .. _Pev�� g4grgant
10. MOTION TO ADOPT To*p_ Ord_ #162fi on first reading
upgrading the requirements in Chapter 12 of the Code for fire
extinguishers in homes licensed for home occupations.
SYNOPSIS OF ACTION_
APPROVED on first reading. Public hearing and second reading will
be held on Wednesday, September 23, 1992 at or after 10:00 a.m.
Mr. Kraft read Tamp. Ord. #1626 by title.
V/M Schumann MOVED to APPROVE Tamp. Ord. #1626, SECONDED by
C/M Abramowitz.
Ms. Carpenter said the home occupation provisions of Chapter 12 of
the Code are being updated to reflect a higher standard for fire
extinguishers which has been requested by the Tamarac Fire
Department. She said instead of an ABC Multi -purpose U--elevated
1A-10-BC extinguisher, 2.5 pound, the standard is proposed by the
Fire Department to be raised to a 2A-10-BC Multi -purpose fire
extinguisher, U-elevated and provided with an approved standard
service tag installed on the premises.
C/M Schreiber asked what the difference is and Ms. Carpenter said
it is a more effective extinguisher.
C/M Abramowitz asked if this means that every building which
currently has this must now get the new one and Ms. Carpenter said
this applies to a person seeking a home occupational license and
would apply to the residents for which a home occupational license
is issued.
3
VOTE:
Publ&q Services
ALL VOTED AYE
11. MOTION TO APPROVE partial release of retainage to Brang
Company, Inc., in the amount of $6,682.66 for construction of
the Tamarac Concession Stand.
AX,N.Q_'rR,TS OF ACTION_
APPROVED
Mike Couzzo, Director of Public Services, said Staff is
recommending that the retention for the contract agreement of 10%
be reduced to 5% based on the fact that the Building Department
and the architect will review the project and that it is
substantially complete and the only outstanding item is for the
installation of the toilet fixtures, which were received this
week.
C/M Abramowitz asked if this has anything to do with a change
order that was requested and Mr. Couzzo said they are for the same
project, but are two separate items.
C/M Katz asked if the City has a warranty bond and Mr. Couzzo said
the City will get the warranty bond when the project is accepted.
He said at present the City has a performance bond in place.
Mr. Couzzo said this reduces the 10% retainage to 5%.
City Council Regular Minutes
9/9/92/KJ
Page 14
C/M Katz said his concerns are that the City get a warranty bond
and a punch list prior to releasing the money.
C/M Abramowitz MOVED to APPROVE Item 11, SECONDED by
C/M Schreiber.
VOTE:
ALL VOTED AYE
16. MgTLQN_Tp APPROVE the transfer of $4,318.06 for Charge
Orders 2, 3 and 4 for Concession Stand Project.
$XXQPS I S OF ACTION:
Agendized by Consent.
APPROVED
C/M Katz said he reviewed the plans and specifications and does
not agree in principle, with the engineer. He said he does not
agree with the requirements for the job, the availability of power
to the job, the way the Council was notified about a change order
that was requested on May 23, 1992 for a proposal for May 23.
C/M Katz said the original plans call for 277/480 power and
120/240 power and panels for each. He said if the 120/240 was not
available, at that time, the motors, lighting and everythinq that
could have been done in 277/480, should have been done at that
time. He said the equipment should have been ordered to
accommodate the power that was necessary. He explained the ,carious
possibilities. He said the City has become a soft mark for change
orders.
C/M Katz said Council approved the City Manager's ability to
approve change orders up to $10,000. He said he had voted to
approve this at the time with the provision that Council was made
aware of the proposal for a change order prior to the time that it
was signed off. He said he was not made aware of this change order
until he received the backup for this meeting and he does not feel
the City should foot the bill.
C/M Katz said if it were to be a situation where FP&L required the
City to pay for availability of 120/240, the City should have
looked to eliminate as much power necessary of 120/240 and change
what was needed to utilize the 277/480 that was available at the
site.
C/M Abramowitz asked if there were reasons why this item was
installed.
Gary Kuhl, representative of Scharf and Associates, asked for
clarification of C/M Katz's question.
C/M Katz said he is questioning why a project was designed
utilizing 120/240 before the City was aware of what FP&L's
position was and after knowing what their position was, why the
equipment was not ordered to best utilize the power available on
the site, which was 277/480.
Mr. Kuhl said in this installation, the intent is to put
residential equipment in the concession stand, after completion.
He said he does not feel that the 277/480 would be the appropriate
service for that building. He said when this was put on the
street, there was the hope that FP&L was going to put the
transformer in and that there would be no charge. He said there
are many times, on a single site, that FP&L will put in a second
service at no charge.'
Mr. Kuhl said there was a conversation with FP&L, who would not
give a timeframe or a cost and in the interest of finishing the
project, Scharf and Associates went back to the contractor and had
him put the transformer in. He said if the transformer had been
put in and continued to pressure FP&L to do it, he would have had
to go back to the contractor to get a credit for the transformer
I
1
1
City Council Regular Minutes
9/9/92/KJ
Page 15
at the price that the contractor would have claimed as the worth
of that transformer.
Mr. Kuhl said he would have to go by the contractor's word as to
the cost of the transformer because he would not have the
documentation to argue the price with the contractor. He said if
this is done as an edited change order, the contractor must submit
the invoices and labor breakdown, which can be evaluated.
C/M Katz said the City is being punt into a position of having to
pay for something that the City probably did not have in the
beginning. He said had the Council been made aware that there is a
problem with FP&L, it may have been resolved. He said Council was
not afforded the opportunity to resolve this. He said in May, when
construction was still at a stage where changes could have been
made, he asked why the 277/480 was not utilized more readily,
because that was available to the City for no money.
Mr. Kuhl said 480 service and having two services for a small
building probably would have cost as much as the transformer.
C/M Katz said two services would not be needed, just a smaller
transformer which could have cost 10% of what is being paid. He
said he does not feel that the best interest of the City was
served.
Mr. Kuhl said Scharf and Associates always tries to do what is in
the best interest of the City and sometimes this happens.
C/M Katz said the best use of the available power was not made,
knowing at the time in May that it would not be made available
except at a cost.
C/M Schreiber asked if this job has been done and C/M Katz said,
Yes.
C/M Schreiber asked what C/M Katz proposes to do about this and
C/M Katz said he proposed to make a statement as to his
dissatisfaction and that the responsibility should be where it
belongs.
C/M Schreiber asked if he wants to deny payment of this and C/M
Katz said, no, the contractor is not at fault.
C/M Abramowitz said a comment was made that Tamarac is becoming a
soft touch for change orders. He asked if C/M Katz's complaint is
because the Council was not notified, the City was taken advantage
of or because the system in place is not proper and C/M Katz said
all of these reasons.
C/M Abramowitz said if there was something available where the
City would not have to spend this much money and Scharf and
Associates had the opportunity to change direction, would this be
the case and Mr. Kuhl requested that he be permitted to respond by
letter because he is not prepared to answer at this time.
Mayor Bender said one of the things which is weak in the City's
system is the fact that the Council does not receive the
information promptly. He said if there is a change order of this
nature, Council should be made aware of this in order to possibly
get some action.
C/M Abramowitz said there was pressure to get the project
completed, which could be one of the reasons a change order
occurred.
C/M Abramowitz MOVED to APPROVE Item 16, SECONDED by C/M Katz.
VOTE:" ALL VOTED AYE
City Council Regular Minutes
9/9/92/KJ
Page 16
Administrative
12. D-TACTIS41ON AND POSSIBLE ACTION regarding the
reorganization of the Development Services Department.
SYNOPSIS
APPROVED directing the City Attorney to prepare the appropriate
ordinances to eliminate the Development Services Department and
the Development Services Director position.
Mr. Kelly said during the budget process, this Department and the
position of Director was eliminated by Council, by not providing
funding for it; however, these two items remain on the books'. He
said Council needs to provide direction to the City Attorney to
provide an appropriate ordinance to eliminate the Department and
the Director of Development Services position. He said the other
positions are already in place.
Mayor Bender directed the City Attorney to eliminate the
Development Services Department and the Director of Development
Services position.
C/M Katz said this should never have been created and should be
eliminated.
C/M Katz MOVED to APPROVE directing the City Attorney to prepare
the appropriate ordinances to eliminate the Development Services
Department and the Development Services Director position,
SECONDED by V/M Schumann.
VOTE:
13. City Council
V/M Schumann - No report.
C/M Katz -- AYE
V/M Schumann - AYE
C/M Schreiber - AYE
C/M Abramowitz - NAY
Mayor Bander - AYE
RFC(3WTjq.
C/M Katz expressed his appreciation to the Fire Department and EMS
as to their efficiency in reacting to his emergency situation. He
commended the professionalism of the City Staff.
C/M Schreiber - No report.
C/M Abramowitz said there was a Public Hearing held on the new
Broward County Tree Ordinance that the Broward League of Cities
has taken an opposition to, relating to some of the sections which
state that Broward County has the right to examine the City's fine
structure on trees and has the ability to take the money away from
the City if they do not like what they see.
C/M Abramowitz said after the pressure which was applied at the
Public Hearing, the item was tabled for further study. He said the
Broward League of Cities will continue to oppose this strenuously.
Mayor Bender -- No report.
14. City Attorney
Mr. Kraft - No report.
15. P*t-y Xagagpg
Mr. Kelly said there has been some criticism at previous meetings
regarding the landscaping efforts on Commercial Boulevard. He said
in 1989, the City of Tamarac and Lauderhill entered into a
matching grant agreement for the Florida Department of
11
[- I
City Council Regular Minutes
9/9/92/KJ
Page 17
Transportation to beautify Commercial Boulevard from University
Drive to NW 64 Avenue.
Mr. Kelly said each agency provided $30,060.57 in cash or in -kind
contributions. He said Lauderhill prepared the grant application
and specifications and Tamarac entered into an agreement to assist
in the implementation of the installation and maintenance of this
median. He said Tamarac agreed to fully maintain the median.
Mr. Kelly said in 1991, the City of Lauderhill advised the State
Department of Transportation that the median landscaping work was
completed. He said the State inspected the median and requested
that several dead trees and plants be removed and Tamarac did so.
Mr. Kelly said in 1992, the State advised Tamarac that there were
more dead plants and trees, at which time Tamarac removed them and
found that the irrigation system needed additional repair work and
that several of the plant materials and trees were not surviving
the toxic fumes from passing vehicles.
Mr. Kelly said Tamarac reviewed the project with the State and
requested that the medians be modified to provide easier
maintenance and approved landscaping with the leftover grant
funds. He said landscape specifications were revised and approved
by the State. He said this will continue to be monitored by the
Department of Transportation.
Mr. Kelly said the BECO project construction next to Tamarac
Elementary School is going well and the gazebo is in and the
architectiyral work is proceeding this week.
Mr. Kelly- erred to the ambulance contract and stated that he
opposed�andi:�mcommended against the original contract with Medics
Ambulance..HCZ said based on the trip runs and the Medicare
reimburses► e� rate, through the first few years of the program,
there was,.ho chance of the $141,000 cap being exceeded. He said
qualified' -CPA's in the Finance Department have verified this.
Mr. Kelly said he recommended against the City exercising the
renewal option with Medics Ambulance in October, 1991. He said
Council concurred with that position in February, 1992 and
terminated the contract for services. He said in March of the
previous year, the Fire Chief sent a memo to him that with the
increase in Medicare rates, the City could possibly anticipate a
sizeable refund from Medics. He said two weeks later Mr. Cohen of
Medics contacted him with the same information, but with a caveat
that said that it would not be quite as much as expected because
Medicare was not reimbursing for certain transports if the patient
was not admitted to the hospital.
Mr. Kelly said he does not have a financial interest in Medics
Ambulance Service nor a financial relationship with Mr. Cohen. He
said the contract was a flat, fixed fee contract and the provider,
Medics, was paid at set amounts every month, whether or not he
picked up anyone or picked up 1,000 people. He said all of the
money allocated to the contract for service was paid to Medics
Ambulance and no money was left over in any year.
Mr. Kelly said the City needs to set an Executive Session for
Council to review insurance. He suggested September 17, 1992 as a
date and will coordinate the date with everyone on Council. He
said Council will need to hold a workshop to discuss the garbage
proposal.
Mr. Kelly recommended that Veteran's Day be celebrated on
Wednesday, November 11, 1992. He said a survey of various cities
showed that they will also be closed on that day.
C/M Abramowitz requested that the City Manager be instructed to
move up the date on the garbage proposal due to the condos
developing their budgets at this time. He said they know what the
City Council Regular Minutes
9/9/92/KJ
Page 18
water rates are, but need to know what the garbage rates are
projected to be.
Mr. Kelly said Staff has met with each of the waste haulers and
gave them an opportunity to clarify their bids. He said Waste
Management is continuing service on a month to month basis until
Council comes to a determination. He said this will take time for
Council approval.
C/M Schreiber said most condo associations are developing their
preliminary budgets and the final budgets will not go into effect
until January, 1993.
Mayor Bender suggested some items be combined in workshops.
Mr. Kelly said he will be meeting with the FEMA representatives on
September 10, 1992 at 2 p.m. to discuss the status of
reimbursement for the hurricane damage. He said each task element
has to be separated individually.
With no further business, Mayor Bender ADJOURNED this meeting at
9:00 P.M.
CAROL A. EVANS
CITY CLERK
. L. BENDER
MAYOR
CITY OF TAMARAC
APPROVED AT MEETING OF � f Q