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HomeMy WebLinkAbout1992-09-23 - City Commission Regular Meeting MinutesCity Council Regular Meeting 9/23/92/KJ Page 1 CITY OF TAMARAC. CITY COUNCIL REGULAR MEETING WEDNESDAY, SEPTEMBER 23, 1992 aTP QRP:gR: Mayor Bender called this meeting to order on Wednesday, September 23, 1992, at 9:00 a.m. in Council Chambers of Tamarac City Hall, 7525 Northwest 88 Avenue, Tamarac, Florida. g,JMDPE Q)r ]kLPEGIANCE: Mayor Bender called for the Pledge of Allegiance. PRESENT: Mayor H. Larry Bender Vice Mayor Henry Schumann Councilman Joseph Schreiber Councilman Norman Abramowitz Councilman Irving Katz 4kL$Q . ,P4XSZXT : John P. Kelly, City Manager Mitchell S. Kraft, City Attorney Carol A. Evans, City Clerk Karen Jackson, Secretary C0MMVA!Z,Y DIM-0-1.92AMt 7. d. MOTION TO ADOPT '�R �p�R_ #6359 approving encroachment into the 5-foot utility easements at 5601 Mulberry Drive, Lot 14, Block 29, The Woodlands Section Seven Plat as recorded in Plat Book 67 at Page 41 requested by Leo Klein. SYN,QP,,4—,Qz , 97194;� RESOLUTION R-92-151-PASSED Removed for discussion. (See Page 5 for final action) 7. h. MOTION TO APPROVE rejection of all bids received under Bid #92-20, "Stormwater Drainage Retention Area, Cells 2-6, and MROXI�:P to rebid this project. SYNOPSIS OF ACTION: Removed for discussion. (See Page 7 for final action) C/M Katz MOVED to REMOVE Items 7.d. and 7.h. from the Consent Agenda for discussion, SECONDED by C/M Schreiber. 7. f. 5. MOTION TO APPROVE the First Amendment to the Water and Sewer Developers Agreement. TABLED 7.f.5. Mr. Kelly said the City Engineers requested that Item 7.f.5. be tabled. C/M Schreiber MOVED to TABLE Item 7.f.5., SECONDED by C/M Abramowitz. VOTE: ALL VOTED AYE City Council Regular Meeting 9/23/92/KJ Page 2 Puk,A,tc Serviq"A Departmppt_ 15. NOTION TQ„ ADOPT Tom1p Aeao_ #6360 awarding Bid #92-21 in the amount of $16,388.00 to Universal Electric of Florida, Inc., to provide tennis court lighting at the Sports Complex, with funds from budgeted recreation impact fees account. AXPOP S I S q? ACTION: TABLED to Regular Council Meeting on Wednesday, October 14, 1992 at 7:00 p.m. C/M Katz MOVED to TABLE Item 15 to Wednesday, October 14, 1992 at 7:00 p.m., SECONDED by C/M Abramowitz. VOTE: ALL VOTED AYE 22. DI-%QUSSION ANQ_ROSSIRLE AQTIQX approving the contribution of $1,000 to the Broward Homebound Program with funds coming from Contingency Account to Social Services Operating Fund. SYNOPSIS 9F ACTIQN- Agendized by Consent. (See Page 16 for final action.) C/M Katz MOVED to AGENDIZE Item 22, SECONDED by C/M Abramowitz. C/M Katz said this does not change the ad valorem or any other rate because of this contribution. He said this money will come from the General Fund, Non -Departmental Contingency, and will be transferred to Social Services Operating Budget. VOTE: ALL VOTED AYE INTRODUQTXQN 1. PRESENTAXION by City Manager Kelly of a 15-year service award to JAMES KARCHER, JR., of the Fire Department. SYNOD,q,TS OF AQTION: Presentation was made by City Manager Kelly to James Karcher, Jr., of the Fire Department. Mr. Kelly presented James Karcher, Jr., of the Fire Department with his 15--year service award. 2. PRESENT4XION by City Manager Kelly of a Certificate of Appreciation to Broward Sheriff's Officer LT. NICK FREY for his outstanding service to Tamarac District XI. SYNOP S I tI,,, OF AC'l,101ji ;; Presentation was made by City Manager Kelly to Lt. Nick Frey of the Broward Sheriff's Office. Mr. Kelly presented Lt. Nick Frey of the BSO, a Certificate of Appreciation for his outstanding service to Tamarac District. XI. Lt. Frey expressed his appreciation for the Certificate and his appreciation to the City and to the BSO. 3. PRZSENTATTQR by Mayor Bender of a proclamation designating October 4-10, 1992, as "SIRE PREVENTION MEEK". 3YNWSIS OX.—ACTION: Presentation was made by Mayor Bender to Fire Chief Jim Budzinski. Mayor Bender presented Fire Chief Jim Budzinski with the proclamation. Chief Budzinski expressed his appreciation and invited the residents to visit the Tamarac Fire Station to witness the Fire Prevention Program set up to honor Fire Prevention Week. City Council Regular Meeting 9/23/92/KJ Page 3 4. PRFrSZNTATION by Mayor Bender of a proclamation designating October 1992 as "SPINAL HEALTH MONTH". RYNOPAIS OF ACTION! Mayor Bender announced that this proclamation would be mailed to the recipient in honor of Spinal Health Month. Mayor Bender read the proclamation into the record and stated that the proclamation would be mailed to the recipient. 5. ANNPUNCEMENT of Certificates of Appreciation being presented to City employees who helped during the relief effort after Hurricane Andrew. t ,X)RgRA 2;g OF ACTION: Announcement was made by City Manager Kelly recognizing those who helped during the Hurricane Relief Effort. Mr. Kelly expressed his appreciation to all of the employees who volunteered in the Hurricane Relief Effort and announced that Certificates of Appreciation would be presented to those employees who assisted in the effort. 'TEA ....RAATIQLI?I#TION 6. PIMAIC 7MTICIPATION - 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. Morton Burdman, resident, expressed his concerns regarding the parking of commercial vehicles on residential driveways. He said the authorities have approved that a truck is not a commercial vehicle if it lacks advertising. He said Code Enforcement places no limitation on the size of trucks or the number of trucks. He said he has a neighbor who uses his driveway for a fleet of trucks. He said he sent a letter to Kelly Carpenter, Director of Community Development, requesting a limitation on the size and number of trucks. He read the response from Ms. Carpenter. C/M Katz said the exception to the Ordinance originally proposed was that if there is a half ton or three-quarter ton vehicle, was an individual's sole means of transportation, there was no advertising and was not meant to be used as a business vehicle, then there was no way to legally prohibit an individual from driving a truck. Melanie Reynolds, resident, suggested that Council eliminate all boards and committees and the reference to the Planning Commission from the Charter during the March election. She expressed her concerns regarding the practice of changing the Charter in the City without going to referendum. Nathan Peretzman, resident, expressed his concerns regarding the refinancing of the Water and Sewer Revenue Bonds. He said there is a current amount of $11,655,000.00 outstanding and unpaid. He questioned why the City added approximately one million dollars to refinance these bonds. He questioned why the City refinanced the old balance of $11,655,000.00 for a new loan of $13,125,000.00, which is a difference of $1,470,000.00, less the expenses and fees that are part of the refinance agreement. He requested an explanation. C/M Schreiber requested that Council give direction to the City Manager to answer these questions. City Council Regular Meeting 9/23/92/KJ Page 4 Mayor Bender said this information will be made available to Mr. Peretzman. Bernie James, resident of Belfort, expressed his dissatisfaction with the Lennar proposal to build four-story residential units. He requested that Council not allow this. C/M Schreiber said at present, there is an agreement pending to resolve the matter regarding the settlement between Lennar and the City. He said Lennar not only is requesting four-story units, bit also five -story units. Mayor Bender said there are some rulings by the courts which the attorneys are reviewing for further consideration. COVSFJIT AGENDA 7. Items listed under Consent Agenda, Item 7, 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. AAmij;L�,gtrative a. NOTION TQ ADOPT TeMp- Reeo_ fl;_aja recognizing City Government Week, October 4-10, 1992, and encouraging all citizens to support the celebration and corresponding activities. SYNOPJ�X,s OF AC7�XON: RESOLUTION R-92-150--PASSZD APPROVED Ckty Att4XA9y b. MOTTO TO APPROVE the attendance of the City Attorney at the 111992 Public Employment Law Forum" seminar in Clearwater, Florida, October 15--16, 1992. SYNOR,gIS OF ,ACTION: APPROVED City, Clerk C. M,QTION TQ.J PPROVFA the minutes of the following City Council meetings: 1. 8/26/92 - Regular Meeting 2. 8/28/92 - Reconvened Regular Meeting SYNOPSIS OF ACTTgNl APPROVED e . NOTIOI( TO APPROVE a model sales permit and waiver of the 150-foot distance requirement for issuance of certificates of occupancy for WOODNONT GREENS (WOODNONT TRACT 67) for a six month period from 9/23/92 to 3/23/93 (located on the northeast corner of NW 88 Avenue and NW 75 Street). SXXPPSTq,, OF AQTION APPROVED City Council Regular Meeting 9/23/92/KJ Page 5 Z_ghl�,,a Ajary*cas Department f. 1. MOTION TO ADQPT TpAp_ Reno_ #6afij, accepting a Tamarac Utilities West Water and Sewer Utility Easement offered by Regency Homes, Inc., for four (4) storm drainage facilities for the WOODMONT TRACT 67 project. 2. f¢OTIOq TO MpPT Temp_ Rego_ #6362 accepting a Tamarac Utilities West Water and Sewer Utility Easement offered by Regency Homes, Inc., for two (2) sanitary sewer facilities and two (2) water distribution facilities for the WOODMONT TRACT 67 project. 3. MOTION TO ADOPT Teq2,,, A"sp, #6-'Af3 accepting a Blanket Safety Ingress/Egress Easement offered by Regency Homes, Inc., for the WOODMONT TRACT 67 project. 4. MOTION TO APpPT TeMp_ Remo- #6364 accepting a Public Utility Easement offered by Regency Homes, Inc., for water and sanitary facilities to be owned and maintained by the City (WOODMONT TRACT 67 project). RESOLUTION R-92-152-PASSED RESOLUTION R-92-153-PASSED RESOLUTION R-92-154-PASSED SYNOPSIS OF .Ar.T;QX; RESOLUTION R-92-155-PASSED APPROVED 7.f.1., 7.f.2., 7.f.3., and 7.f.4. g. MOTXQN TO 0pT T"W- Reno- #6357 releasing warranty Letter of Credit No. P4560 in the amount of $15,005.25 posted to guarantee public improvements at the WALGREENS/WOODMONT SHOPPES project. SYNOPSIS OF ACTION_ RESOLUTION R-92-156-PASSED APPROVED C/M Abramowitz MOVED to APPROVE the Consent Agenda, SECONDED by V/M Schumann. VOTE: ALL VOTED AYE Community Development 7. d. *OTION TO ADOPT Ter4p_ Reso_ #6358 approving encroachment into the 5-foot utility easements at 5601 Mulberry Drive, Lot 14, Block 29, The Woodlands Section Seven Plat as recorded in Plat Book 67 at Page 41 requested by Leo Klein. SYNOPSIS OF ACTION- RESOLUTION R-92-151-PASSED Removed for discussion on Page 1. APPROVED Mr. Kraft read Temp. Resso. #6358 by title. C/M Katz said the backup qualifies Ms. Carpenter's approval and states, "if approved by the Board of Adjustment". He said this item was denied by the Board of Adjustment last week so that the Findings of Fact are not complete. He requested that the Findings of Fact be amended to reflect the denial of the application for a variance. Ms. Carpenter said this is an application by Leo Klein to grant an encroachment agreement for an existing screened room in the Woodlands. She said he is requesting the encroachment agreement for an existing screened room on the southwest side of the house, adjacent to the golf course in the 5-foot utility easement. She City Council Regular Meeting 9/23/92/KJ Page 6 said the applicant has received letters of no objection from all applicable franchise utility companies and the City's Engineering Department. Ms. Carpenter said Southern Bell and Continental Cable reserved the right to maintain existing facilities and stipulate that the homeowner will be responsible for any damages to those faci-ities. Ms. Carpenter said on September 14, 1992, the Board of Adjustment heard the case. She said Staff did not take a position with respect to the action'of the Board of Adjustment. She said there are two separate actions taking place. Ms. Carpenter said the applicant has a screened porch which is in a required rear setback and in a required side yard setback, She said the Board of Adjustment found that there was not a hardship because the applicant knew about the encroachments and denied the encroachment into the rear and side yard setbacks. Ms. Carpenter said there is a second set of circumstances involving the same encroachment, but this encroachment is into the easement, which is a separate legal action. She said the encroachment into the easement can only be heard by the City Council, which is what this item refers to. Ms. Carpenter said Mr. Klein is trying to clear title to the property and he does not need to achieve both items at present. She said he may want to reappear at a later date or possibly a different owner would want to clear the encroachment into the setbacks issue. C/M Abramowitz said the utility companies have no objections and hold Mr. Klein responsible if they want to do something at a later date. He asked if the golf course objects to the encroachment and Ms. Carpenter said they did not object. C/M Abramowitz said if there are no objections, then there should be no reason to deny this request and he should be given the opportunity to correct the defect. C/M Katz suggested that the Findings of Fact reflect the decision of the Board of Adjustment. TAPE 2 V/M Schumann asked if this is to clarify title to the property and Ms. Carpenter said Mr. Klein purchased the property for cash and did not secure title insurance having purchased it immediately after a previous buyer was unable to qualify for a mortgage because there was a cloud on the title. V/M Schumann asked if there was an abstract done on the title and Ms. Carpenter said he did not pay to have that done, but the previous purchaser had paid to have an abstract done and cokld not get a mortgage. C/M Schreiber asked if it is against the law to encroach upon an existing utility easement and Ms. Carpenter said, yes. C/M Schreiber said Mr. Klein purchased the property with this existing condition. He asked if there was any violation issued to the owner of the property for causing the encroachment and Ms. Carpenter said no violation was issued because the City did not know it existed. C/M Schreiber said it is necessary for the Code to be enforced at all times. He asked if the conditions reflecting the utility companies' request to hold Mr. Klein responsible for damage be part of the approval, if approved and Ms. Carpenter said the utility company would be the body to pursue the infringement. C/M Abramowitz said if the person violates the law and does something that is going to do damage to the City, then the rules should be enforced. He said if there were objections from the City Council Regular Meeting 9/23/92/KJ Page 7 utility companies, there would be a reason to enforce the Code, but they do not object. Ms. Carpenter clarified the two separate issues involved with this property. C/M Katz MOVED to APPROVE Tamp. Reno. #6358, SECONDED by C/M Schreiber. VOTE; ALL VOTED AYE 7. h. XgT3;P ..T.O ,,PROVE rejection of all bids received under Bid #92-20, "Stormwater Drainage Retention Area, Cells 2-6, and APPROVAL to rebid this project. SYNOPSIS OF ACTION: Removed for discussion on Page 1. APPROVED C/M Katz said there was an interoffice Memorandum stating that the contractors were looking to retain the fill which caused a discrepancy on the bid. He said his concern was that there is approximately $200,000.00, which is about a 40% lower bid by one contractor than most of the others. He requested justification of this bid. He said the memo stated that this bidder intended to retain the fill that was to be excavated which may have caused him to have a lower bid. C/M Abramowitz MOVED to APPROVE Item 7.h., SECONDED by C/M Katz. VOTE: ALL VOTED AYE CONSIDERATIONS �®raonnel<,/�na��A�nc� 8. MOTION TO "RWVZ payment in the amount of $17, 392.61 regarding Settlement Agreement and Final Judgment of Michael McGrane, et. al., vs. City of Tamarac, with funding from Police Services Account. SYNOPSIS QX kcTIONy APPROVED Mr. Kraft said this is a final resolution of a lawsuit resulting from the transfer from the Tamarac Police Department over to the BSO. He said this is a matter regarding longevity pay which has been worked out and the final judgment is before Council to settle the case in the amount of $17,392.61. C/M Abramowitz MOVED to APPROVE Item 8, SECONDED by C/M Schreiber. V/M Schumann said there are two recipients, one of whom is deceased and the other is incarcerated. He said the court order states that the defendant will make the disbursements to the City, yet the letter from the attorney states that a Grant Miller will be disbursing the checks. Peter Mack, Personnel Director, stated that the City's responsibility is to cut the checks and to remove the applicable taxes and provide them to the claims attorney who will make the disbursement. V/M Schumann asked about the deceased and the incarcerated and Mr. Mack said he would assume that this money would be an entitlement of the estate of the deceased and would be the responsibility of the claimant's attorney. City Council Regular Meeting 9/23/92/KJ Page 8 C/M Schreiber asked why this developed into a lawsuit in the first Place and Mr. Kelly said when the City negotiated the transfer to the BSO, the City calculated a formula which included longevity plus their base pay. Mr. Kelly said their contention after the move to the BSO, was that since the changeover occurred in mid -year, that they should have been entitled to get the amount of longevity that was due them prorated. He said based on the City's calculation of longevity in the formula in the amount of pay that they would get, the City felt that they were receiving the appropriate amount. He said after legal negotiations, it was determined that it was in the best interest of the City to settle in this manner. VOTE: ALL VOTED AYE Public Sary�ces P"partmerkt 9. MOTJON TO ,,APPROVE the transfer of $6, 000 .00 from Contingency Account 001--872-588-975 to Special Equipment Account 001-552-572-647 for the purchase of two (2) treadmills for the Multi -Purpose Center Fitness Room. SYNPRAIS OF_ ACTION,:„ APPROVED Mike Couzzo, Director of Public Services, said this is a request to purchase two additional treadmills to match the ones currently in the Fitness Room. He said Staff reviewed the possibility of purchasing other treadmills, but based on durability and the amount of usage they get, it would not be feasible. He said there has been a substantial increase in the utilization of this equipment. He said 90% of the people who use this facility are seniors. He said there are approximately 60 people per day and the facility has encountered a waiting period of approximately an hour for utilization of the treadmills. C/M Katz MOVED to APPROVE Item 9, SECONDED by C/M Abramowitz. VOTE: C/M Katz - AYE V/M Schumann - NAY C/M Schreiber - AYE C/M Abramowitz - AYE Mayor Bender - AYE PUBLIC,„X$ARING - 10:00 Commpnity Dayplopment 17. Pttn3,LTg HEARINq MOTION TQ ADOPT Tpj4R _ Ord- #Afi,21 on second reading concerning a request by the CITY OF TAMARAC to rezone lands at the northwest corner of McNab Road and NW 108 Terrace from B-1 (Neighborhood Business) District to R-3U (Rowhouse) District. Petition #20-Z-92 SYNOPSr,,— 0r ACTION; ORDINANCE 0-92-48-PASSED Public Hearing was held. APPROVED on second and final reading. Mr. Kraft read Temp. Ord. #1625 by title. C/M Katz MOVED to APPROVE Temp. Ord. #1625, SECONDED by C/M Abramowitz. Ms. Carpenter said this rezoning was requested by the City Council. She said a Land Use Plan amendment was processed changing the land from commercial to residential in response to a request by the surrounding neighborhoods. She said this is the rezoning from B-1 to R-3U, which implements the request of the Council. City Council Regular Meeting 9/23/92/KJ Page 9 C/M Abramowitz asked if it is a State, County or City requirement to refer to this as a "Rowhouse". Ms. Carpenter said the City's Zoning Code refers to R-3U as a Rowhouse. C/M Abramowitz requested that the term, "rowhouse" be amended to read, "townhouse" and Ms. Carpenter said it would be done. C/M Katz questioned the size of the proposed units and Ms. Carpenter said the minimum square footage of R-3U is 800 square feet. Mayor Bender OPENED and CLOSED the Public Hearing with NO RESPONSE. W1614 ;6 ALL VOTED AYE 18. PUBLIC HEARING - MOTION TO ADOPT Tamp_ Ord, on second reading upgrading the requirements in Chapter 12 of the Code for fire extinguishers in homes licensed for home occupations. UNAPAX8 QX- ACIT700,1 ORDINANCE 0-92-49-PASSED Public Hearing was held. APPROVED on second and final reading. 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 there was a question regarding the difference between the two extinguishers and the answer received from the Fire Department was that the capacity of extinguishing chemical in the upgraded extinguisher is greater. Mayor Bender OPENED and CLOSED the Public Hearing with NO RESPONSE. VOTE: ALL VOTED AYE RESOLU"QN3 AAminintrativa 10. MQ7!Xq�L_Tq _ADOPT Temp_ Reso_ 46344 authorizing the appropriate City officials to execute an Agreement with Broward County relating to disbursement of funds in the amount of $39,634.00 from the Broward County Tree Preservation Trust Account for median installation and work and acceptance of responsibility, including maintenance, on Nob Hill Road from the 6000 block of Nob Hill Road to Commercial Boulevard. SYNOPSIS OF ACTION: RESOLUTION R-92-157-PASSED APPROVED Mr. Kraft read Temp. Reno. #6345 by title. C/M Schreiber MOVED to APPROVE Temp. Reno. #6345, SECONDED by C/M Katz. Dina McDermott, Assistant City Manager, said the City was very successful receiving grants during the summer. She said this project provides for, in agreement with Broward County, from the Broward County Tree Trust Grant Program, receiving $39,634.00 to beautify the Nob Hill Road median from the 6000 block on Nob Hill Road to Commercial Boulevard. She said in Resolution 92-87, the City Council funded the project with $40,000.00 and the City's contribution for the funding. City Council Regular Meeting 9/23/92/KJ Page 10 Ms. McDermott said project requires an additional $5,119.00 to be fully funded. She said the funding is available. She said this project is also required to meet the Broward County Traffic Engineering and the City's Engineer's specifications which have been met. C/M Abramowitz said the City took a beating from the County when it cost the City a couple hundred thousand dollars for clean up of concrete thrown on the side of the canals during the time cf construction of Nob Hill Road. C/M Abramowitz said he would like to see the area going south on Nob Hill Road have something done there. C/M Katz commended Ms. McDermott for the work she has done on these grants. Ms. McDermott said at present, there are designs being prepared to beautify the north portion of Nob Hill Road from the Public Service Canal north to McNab Road. She said the City had previous funding available to beautify the Nob Hill median in conjunction with the construction of the Public Service Administrative Complex. C/M Abramowitz said the problem in concrete and nothing can be planted needs to be innovative on this. VOTE: this area is that everything is in concrete. He said the City ALL VOTED AYE 11. MOTION TO ,ADOPT ', opnp _ Ragp _ #63f& authorizing the appropriate City officials to execute a Maintenance Agreement with the Florida Department of Transportation relating to the State purchasing interlocking pavers and sand to be installed on bullnoses and identified areas of medians on University Drive from Southgate Boulevard to Commercial Boulevard and Commercial Boulevard from NW 64 Avenue to State Road 7 (441). SYNOPJJ;3 OF ALCTiON-- RESOLUTION R-92-158-PASSED APPROVED Mr. Kraft read Tamp. Reno. #6366 by title. C/M Katz MOVED to APPROVE Tamp. Raao. #6366, SECONDED by C/M Abramowitz. Ms. McDermott said this is an agreement to enter into a Memorandum of Understanding for Maintenance with the Florida Department of Transportation for the State to provide pavers and concrete sand not to exceed $30,000.00 for University Drive in its entirety in the City of Tamarac from Southgate Boulevard to Commercial Boulevard and on Commercial Boulevard from NW 64 Avenue to State Road 7 (441) . Ms. McDermott said the agreement also provides that the City will obtain and maintain the rest of the Commercial Boulevard median through to Prospect Road. Ms. McDermott said this is leftover money from the State which has local discretion as to how they want to and where they want to fund the money. She said the State will be purchasing the materials and the cubic yardage of sand for the City of Tamarac. She said the City's match is the requirement to install these materials. She recommended that the City fund the project and contract the work out. She said the City would be going to bid on this project. C/M Schreiber requested a definition of pavers and bullnosea. C City Council Regular Meeting 9/23/92/KJ Page 11 Ms. McDermott said the bullnoses are areas of concrete at the very end of a median. She said this currently exists on Commercial Boulevard. She said this is an attempt to give Tamarac an identity. She said pavers are actual red brick pavers. She said the maintenance reduction for this type of median for Public Works is great. VOTE: ALL VOTED AYE City anKani'l 12. MOTION TO ADOPT Tegp_ RpAp,_ JAj 69 appointing two regular members and an alternate member to the CONSUMER ArrAIRS COMMITTEE. AX�, PTS OF ACTION_ RESOLUTION R-92-159-PASSED APPROVED Samuel Polinsky and Sam Bernstein as regular members and Edward Kassoff as alternate member of the Consumer Affairs Committee with terms to expire 6/20/93. Mr. Kraft read Tamp. Reso. #6369 by title. Mayor Bender recommended that the Resolution be amended to include the appointment of two regular members and one alternate member. C/M Schreiber MOVED to AMEND Tamp. Reao. #6369, SECONDED by C/M Katz. Mayor Bender said Ben Sonkin, Chairman of the Consumer Affairs Committee, reviewed the applications and made his recommendations. Mr. Kraft read Temp. Reao. #6369 by amended title. VOTE: ALL VOTED AYE Mayor Bender said Mr. Sonkin recommended the following: Sam Polinsky Sam Bernstein Joseph Silverman Regular Member Regular Member Alternate Member C/M Abramowitz MOVED to APPROVE the appointment of Sam Polinsky and Sam Bernstein as Regular Members and Joseph Silverman as an Alternate Member, SECONDED by C/M Katz. V/M Schumann MOVED to APPROVE Shirley Moss and Dr. Jeanne Stark as Regular Members and Sam Polinsky as an Alternate Member, SECONDED by C/M Schreiber. C/M Abramowitz suggested that these Motions be rescinded and make them into nominations ALL AGREED. Mayor Bender announced the names as follows: Sam Polinsky Regular Member Dr. Jeanne Stark Regular Member Shirley Moss Regular Member Sam Bernstein Regular Member Sam Polinsky Alternate Member Joseph Silverman Alternate Member C/M Abramowitz recommended the regular members be appointed as a separate motion from the alternate. City Clerk Carol Evans announced that Dr. Jeanne Stark is presently on the Public Information Committee. City Council Regular Meeting 9/23/92/KJ Page 12 VOTE: C/M Schreiber..................Dr. Jeanne Stark Shirley Moss C/M Abramowitz.................Sam Polinsky Sam Bernstein C/M Katz.......................Sam Polinsky Sam Bernstein V/M Schumann...................Dr. Jeanne Stark Shirley Moss Mayor Bender...................Sam Polinsky Sam Bernstein Ms. Evans announced that Mr. Polinsky and Mr. Bernstein each had three votes. C/M Abramowitz suggested that Council make any other nominations. for an alternate. TAPE 3 VOTE: C/M Schreiber ..................Edward Kassoff Mayor Bender...................Joseph Silverman V/M Schumann ...................Ernest Riland V/M Schumann ...................Ernest Riland C/M Katz .......................Edward Kassoff C/M Abramowitz .................Joseph Silverman C/M Schreiber ..................Edward Kassoff Mayor Bender...................Joseph Silverman Ms. Evans announced that there was a tie between Edward Kassoff and Joseph Silverman each receiving two votes. VOTE: C/M Schreiber ..................Edward Kassoff C/M Abramowitz .................Joseph Silverman C/M Katz .......................Edward Kassoff V/M Schumann ...................Edward Kassoff Mayor Bender...................Joseph Silverman C/M Schreiber MOVED to APPROVE Temp. Reso. #6369, appointing Sam Polinsky and Sam Bernstein as Regular Members and Edwarc. Kassoff as an Alternate Member, SECONDED by C/M Abramowitz, VOTE: ALL VOTED AYE Common ky- pavelopment ngiq&rt;pkQpt 13. "Q=N TO ADOPT T"rqp,._,Agao_ #6359 granting a height waiver from 6-feet to 15-feet for landscaping along the property line of the LAKE COLONY project which is located north of McNab Road, east of University Drive. SYNO R.$IS OF ACTION,: - APPROVED RESOLUTION R-92-160-PASSED Ms. Carpenter said the Developer of Colony West or the owner of the property still has several lots which are undeveloped. She said the fees which have not been paid are fees which are owed by the Developer for guaranteed revenues, but are not owed by the Homeowner's Association, who is the applicant of this case. City Council Regular Meeting 9/23/92/KJ Page 13 I Ms. Carpenter said the Council's policy has always been that all fees concerning a development are paid prior to being heard. C/M Abramowitz asked if the developer will receive a permit prior to these fees being paid and Ms. Carpenter said the developer may be able to get a permit, but would not be able to achieve a Certificate of Occupancy. Ms. Carpenter said the Council would not be waiving the fee but would be stating that the developer owes the fee and will continue to owe the fee. C/M Katz requested that the Council permit this to be heard, and C/M Abramowitz concurred. Mr. Kraft read Tamp. Reso. #6359 by title. C/M Katz MOVED to APPROVE Tamp. Reso. #6359, SECONDED by C/M Abramowitz. Ms. Carpenter said this is an application by Lake Colony Homeowner's Association for approval of a height waiver for landscaping along the north property line located north of McNab Road, east of University Drive. She said the site is zoned R-4A and the residential use is consistent with the Land Use Plan. Ms. Carpenter said under Section 24-635 of the Code, the maximum height for a hedge is six feet. She said the Association proposes a maximum height of 15 feet for security reasons. She said Code Enforcement action has been taken and is pending Council's decision. She said all other requirements of the Landscape Code have been met by the site plan. She said there are no concurrency issues. She said Staff does not object to the height waiver. C/M Abramowitz requested that the sides of the hedge be kept trimmed and Ms. Carpenter agreed. C/M Schreiber asked what the north border abuts and Ms. Carpenter said it abuts a townhouse development called, "Greenbrier." C/M Schreiber asked what the security problem is and Ms. Carpenter introduced the Homeowner's Association representative. Jim Calderazzo, representative of J & L Property Management, representing Tamarac Lake Colony, said in the past there have been security problems with Greenbrier residents taking pot shots at Lake Colony and vandalism coming in from Greenbrier. He said the developer planted the hedge in order to aid in security. He said the development was cited for the hedge being too tall. He said since the hedge has grown to 10 or 15 feet, there has been limited vandalism coming from Greenbrier, which is the reason for the waiver request. C/M Schreiber requested that the height of the hedge be maintained at a uniform level and Mr. Calderazzo agreed. VOTE: ALL VOTED AYE City Council Regular Meeting 9/23/92/KJ Page 14 14. MOTION TO, ADOPT Temp,, -Reno_ #63-rkQ concerning a delegation request by Tract 24 Associates (Petition #32-Z-92) for the unrecorded plat of "Tamarac Tract 24 Plat" (Dorchester Bay Club) located at the southeast corner of Nob Hill Road and NW 81 Street for the purpose of: a. Eliminating Tract "D" (a retention lake not requ=red by the city or county; b. Eliminating a note restricting this plat to "housing for older people"; C. Changing the unit mix of the 300 dwelling units from 228 one -bedroom units and 72 two -bedroom units to 52 one - bedroom units, 128 two -bedroom units and 120 three - bedroom units. SYNQPSI3 OF ,-TION: No position taken by Council. Mr. Kraft read Temp. Rego. #6350 by title. C/M Schreiber MOVED to TABLE Tamp. Rego. #6350 for further review due to the number of requests being made which may have a drastic effect on the area being discussed. C/M Abramowitz requested that the Motion to Table be deferzed for comments and C/M Schreiber AGREED. Dick Coker, attorney with Brady and Coker representing Tract 24 Associates, said this is a plat which was approved in 1991 with this note on the plat. He said the note restricts the development of the property to elderly development only. He said this is required by Broward County for the purpose of assessing impact fees. Mr. Coker said they are processing an amendment to that plat modifying the note on the plat. He said Broward County will require that the application be processed first through the City of Tamarac, getting Council's recommendations, prior to submitting to Broward County. Mr. Coker said Tract 24 Associates is processing a site plan for the project called Dorchester Bay Club which will come before the Site Plan and Plat Committee in October and before Council on November 11, 1992. He said the reason that the delegation request is currently before the Council as opposed to being processed along with the site plan is that it is a six to eight week process after leaving Tamarac to go through the County procedures. Mr. Coker said this is purely a Broward County issue. He said the City has no rules regarding a note on the plat for the purposes of distribution. He requested that this be approved by Council as an administrative matter to allow for this to be processed through Broward County. He said all of the issues relating to the Dorchester Bay development will be before Council in November when they will be reviewed by Council in detail. C/M Abramowitz said the intent of the project has changed and Mr. Coker said in the past year and a half, they have had additional market studies which determined that the elderly population in need of this type of project cannot support this project. Mr. Coker said based on this, the mix was switched from 100% elderly to 20% elderly and 80% family. He said this is identical to a project in Lauderdale Lakes called Woodsdale Oaks. C/M Abramowitz said in the past, Council had insisted that the size of apartments in a certain development would be restricted to 750 square foot minimum and asked if that would remain and Ms. Carpenter indicated yes. u City Council Regular Meeting 9/23/92/KJ Page 15 Mr. Coker said most apartments at present are 850 to 1,000 square feet. C/M Katz asked if the lake would negate the retention and Ms. Carpenter said the problem with the lake is that the Engineer for the applicant prematurely put the lake on the plat and now that this has gone to site plan, they want the lake in a different configuration and in a different location than it was shown as Parcel D on the plat; therefore, they are simply removing it and when they come through with their site planning process, they will supply the required lake and the required retention. v/M Schumann said there is an inconsistency between the application and the resolution. He said the resolution makes nc reference to the 128 2-bedroom units and only recites 120 3- bedroom and 52 1-bedroom units, which does not total 300 units. Mr. Coker said the request is 52 1-bedroom, 128 2-bedroom and 120 3-bedroom units. Mr. Kraft said the resolution would be amended to include the 128 2-bedroom units. C/M Schreiber said one of the reasons why the plat was indicated for older persons was due to there being an objection to the apartments where Cardinal Homes existed, Greenview Apartments, coming in the area. He said the City is dealing with an area surrounded by Kings Point and the other adult communities and there is a possibility of putting in a development that may include low income housing based on the type of units that are proposed to be put in. He said it is not conducive for that area to build this type of development and asked if the retention lake being referred to abuts part of the proposed Kings Point Huntington development and Ms. Carpenter answered no. Ms. Carpenter said there is a canal on the south side which has a relationship to the rest of western Tamarac, but the lake does not and will not affect Kings Point. C/M Schreiber said he would like to see the original resolution to grant them the right to build apartments on that piece of property. He asked if there are any conditions attached to it regarding adults. Ms. Carpenter said there were two actions taken by Council regarding the senior housing. She said the first was that the Tamarac Tract 24 plat had language on it such that it was restricted to elderly persons. Secondly, in 1990, Council had been approached to support an application by Boston Capital, which was financing the project, to the Department of Community Affairs SAIL Program, to finance the project for seniors. She said Council had recommended its approval of that project to DCA and a letter was sent to that effect. C/M Abramowitz requested that he be shown where the indication was that this was to be a low cost housing development by C/M Schreiber and C/M Schreiber said there is a possibility and referred to item 4 of Chapter 3 in the proposal, where it states, "providing a full range of densities and accommodations for low to moderate income families". C/M Abramowitz said he would like to see a decent, first-class development come into the City. He said at that time, the residents were upset at the minimum square footage that was permitted. He said there were concerns with traffic. Mr. Coker handed out photographs of the Lauderdale Lakes project, which is the exact type of development being proposed for Tamarac and Council reviewed them. City Council Regular Meeting 9/23/92/KJ Page 16 C/M Schreiber asked if these are to be rental apartments and Mr. Coker said, yes. Mr. Coker said this is a plat issue that needs to be initiated for the six or eight week process to the County. Ms. Carpenter said the County process for amending the notes on. the face of a plat requires the County or the developer to ask the City its opinion, but if the City recommends denial, the County can go ahead and approve the note on the plat, because the purpose of the note relates to impact fees. She said there have been other cases where Council objected to the language that Lennar and the County had negotiated and the City, rather than taking a negative position or recommending denial, simply moved the item and did not take a position, and went on to the County like that. Mr. Kelly said this must be referred to Council prior to going to the County. C/M Abramowitz MOVED to TAKE NO POSITION, SECONDED by C/M Katz. VOTE: ORDINANC" City gqJ]'qQ" ALL VOTED AYE 16. MOTION TO ADQpy_ Temp_ Ord, ,A#_Xf,21 on first reading repealing Ordinance 0-89-14, as codified in Section 2--1 of the Code, and eliminating the position of Director of Development Services. SYNOPSIA Qr ACTION: APPROVED on first reading. Public hearing and second reading will be heard on Wednesday, October 14, 1992 at or after 7:30 p.m. Mr. Kraft read Temp. Ord. #1627 by title. C/M Katz MOVED to APPROVE Temp. Ord. #1627, SECONDED by C/M Schreiber. Mr. Kelly said this is consistent with the direction of Council to eliminate this position. VOTE: ALL VOTED AYE 22. DISCVJA;ON ANq,,POSSIBLE 4=10N approving the contribution of $1,000 to the Broward Homebound Program with funds coming from Contingency Account to Social Services Operating Fund. SYNOPAXS OF ACTXQN! Agendized by Consent on Page 2. APPROVED C/M Katz said the Broward Homebound Program made a presentation to the Council during a workshop meeting stating the number and type of people in which they service in the City of Tamarac. He said there is a 9 to 1 matching fund program. He said for every dollar that the City of Tamarac may give them, the Broward Homebound Program will get $9.00 more from other sources. C/M Katz MOVED to APPROVE the City taking $1,000 from the General Fund Non -Departmental Contingency Account and transfer it to Social Services Division, Operating Budget, SECONDED by C/M Abramowitz. C/M Schreiber asked what basis $1,000 was selected and C/M Katz said it was based on the amount of people that were serviced last year in proportion to other agencies that supply services to the City. City Council Regular Meeting 9/23/92/KJ Page 17 C/M Katz said there are some costs incurred by recipients of the services. He said under certain conditions there are sliding scale charges. C/M Abramowitz said there are certain portions of the program whereby there is a matching grant fund from the Federal Government under the Older Americans Act. He said it is not factual that there is a 9 to 1 match. C/M Katz said the Broward Homebound Program has other sources which mai d:,u' the 9 to I match. "r. Kelly suggested that Council consider all of the other program,-- a-rsb~: Mayor Bendex:said there is a subsidized matching portion in this program. -where the other programs do not have it. C/M Katz said this is the only agency which services homebound people from 18 to 59 years of age. VOTE: ALL VOTZD AYE REPORTS 19. r}ty CgMApil V/M Schumann - No report. C/M Katz said Council had approved up to $5,000 for ice and water contributions to the devastated area in Dade County after the hurricane. He said he had been in contact with the Coastline Disaster Center who stated that they are not in need of this type of service, but are in need of interviewers who can interview those in need to decipher what needs exist. C/M Katz said truckloads of materials are being received which are not really needed, but there is a need for warehouse personnel to sort and stack this material. He recommended that this be pursued for consideration. C/M Schreiber - No report. C/M Abramowitz said he had spoken before the Resource Recovery Board regarding Broward County's inability to tell the municipalities the truth about the garbage and recycling. He said the City held a hearing with the County regarding this. He said the County now states that if 51% of the population in Broward County vote in favor of the Interlocal Agreement, then the municipalities are stuck with it. C/M Abramowitz said during the last Broward League of Cities meeting, he had questioned the County Manager about the fee and the County Manager had stated it is still $6.00 and the County would absorb a portion of it for the first year, but after that the municipalities are on the hook. He said if this takes place, the municipalities will be told what they have to do. C/M Abramowitz said there will be more hearings regarding this, but it is a very sensitive item. Mayor Bender - No report. 20. City �t-tq ApA Mr. Kraft - No report. City Council Regular Meeting 9/23/92/KJ Page 18 21. rity Manager Mr. Kelly - No report. With no further business, Mayor Bender ADJOURNED this meeting at 11:05 a.m. CAROL A. EVANS CITY CLERK L. BENDER MAYOR CITY OF TAMARAC APPROVED AT MEETING OF j