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