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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action taken by Council on March 25, 1992, Item 6, appointing the voting delegate for the Broward League of Cities be rescinded. C/M Schreiber MOVED that the Item be RESCINDED, and MOVED to APPOINT someone else for that position.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