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Home My WebLink About1992-10-28 - City Commission Regular Meeting MinutesCity Council Regular Meeting 10/28/92/KJ Page 1 CITY OF TAMARAC CITY COUNCIL REGULAR MEETING WEDNESDAY, OCTOBER 28, 1992 Mayor Bender called this meeting to order on Wednesday, October 28, 1992, at 9:00 a.m. in Council Chambers of Tamarac City Hall, 7525 Northwest 88 Avenue, Tamarac, Florida. PLEDGE OF ALLEGIANC4E: Mayor Bender called for the Pledge of Allegiance. RA999NTs Mayor H. Larry Bender Vice Mayor Henry Schumann Councilman Joseph Schreiber Councilman Norman Abramowitz Councilman Irving Katz ALSO PRESENT: John P. Kelly, City Manager Mitchell S. Kraft, City Attorney Carol A. Evans, City Clerk Karen Jackson, Secretary **************************************************************** Administrative 8. MOTION TO ADOPT Temp. Reso. 06388 approve an Agreement between Broward County and the North Cities, consisting of Coconut Creek, Lauderhill, Margate, North Lauderdale and Tamarac, for additional funding in the amount of $150,013.00 from Broward County Recycling Grant Program for Fifth Year Recycling Grant Program. SYNOPSIS OF ACT-T,04L TABLED at the request of City Manager Kelly. Mr. Kelly recommended that Item 8 be Tabled. C/M Abramowitz MOVED to TABLE Temp. Reso. #6388, SECONDED by C/M Schreiber. VOTE: ALL VOTED AYE 13. NOTION TO ADOPT Temp_ Reso. #6393 approving a carnival sponsored by St. Malachy Church on Wednesday, November 18, through Sunday, November 22, 1992, on a portion of vacant property on University Drive, north of the Church. SYNOPSIS OF ACTION; TABLED at the request of City Manager Kelly. Mr. Kelly recommended that Item 13 be Tabled. C/M Katz MOVED to TABLE Temp. Reso. #6393, SECONDED by V/M Schumann. VOTE: ALL VOTED AYE City Council Regular Meeting 10/28/92/KJ Page 2 INTRODUCTION 1. a. R4ESENWXON by City Manager Kelly of a five-year service award to Ellen Wood, City Clerk's Office. b. 9$ESXNT4TK0N by City Manager Kelly of ten-year service awards to: John Creveling Public Services Department Robert Whitfield Public Services Department Vincent Richmond Public Services Department Harriet Pennachio Council Office C. PRESENTATIQX by City Manager Kelly of fifteen -year service awards to: Bryan Hurst David Viele Fire Department Fire Department SYNOPT,$ OF ACTTQNj Presentations were made by City Manager Kelly. Harriet Pennachio was absent from the meeting. 2. PRESENTP*TION by Mayor Bender of a proclamation designating November 8--13, 1992, as "POPPY FUND DRIVE WEEK', Edward Goldberg Post 519, Jewish War Veterans U.S.A. SYNOPSIS QF- ACTIQM; Presentation was made by Mayor Bender to Sam Schwartz, representing the Edward Goldberg Post 519, Jewish War Veterans U.S.A. Mr. Schwartz expressed his appreciation for this proclamation. PUBLIC PA,:RTXQIPATXQN 3. 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. Marvin Seidel, resident of Kings Point, expressed his concerns regarding the poor condition of the canals and requested that something be done to correct this problem. Mr. Seidel said the government funding of housing on NW 81 Avenue and Nab Hill Road presents a problem with children. He said the schools in Tamarac are already overloaded plus they are requesting grass parking which would devaluate the neighborhood. Nathan Peretzman, resident, said the City is suing Medics Ambulance Service for $30,878.44. He expressed his concerns regarding the amount Medics owes the City for previous years. Mr. Peretzman expressed his concerns regarding the refinancing of the Series 1986 Bands in the amount of $13,125,000.00. Mayor Bender suggested that Mr. Peretzman meet with Mary Blasi, Finance Director, regarding this. C/M Schreiber said he is in the process of studying the refinancing of the bonds and will respond to Mr. Peretzman as tc the difference of 1.5 million dollars in the refinancing of the bonds. C/M Abramowitz said Mr. Peretzman has attended many meetings regarding the refinancing of the bonds which explained that after all Of the costs were removed from the refinancing of the bonds, City Council Regular Meeting 10/28/92/KJ i Page 3 the City saved 2 million dollars. of this information. He said the to the refinancing of the bonds. He said Mr. Peretzman is aware debt service has been lowered due C/M Schreiber said Mr. Peretzman asked why the bonds were refinanced for 13 million dollars when the City owed 11.5 million on them at the time of the refinancing. Mayor Bender said there have been a number of workshop meetings discussing this. He said the professionals involved in this have explained it thoroughly several times. Bernie James, resident of Belfort, Kings Point, expressed his objections to the four story buildings proposed by Lennar Homes for Kings Point. He requested that Council deny this proposal. C/M Abramowitz requested those dissatisfied express their reasons for their unhappiness on this issue. Florence Frantzman, resident of Westwood 24, expressed her concerns in placing four story buildings on the corner of her street. She said the residents did not move to Tamarac for their neighborhood to look like New York City. She said the medians are poorly maintained in her neighborhood. She said nothing is continued into Westwood 24, including the sidewalks. Mayor Bender said there is a lot of misinformation about this project. He said he would permit those interested to speak at the time this item is on the agenda. George Shapiro, resident, expressed his objections to the four story buildings. He said this would create more problems for the ecology by adding more weight, which may cause the possible sinking of buildings. Melanie Reynolds, resident, stated her concerns regarding the ability for Council to interact with the City Manager. She said it is the duty of Council to protect the residents of Tamarac and if the City Manager is not working for the residents, Council must interfere with his actions. Ms. Reynolds questioned the Rockford issue on the agenda. C/M Abramowitz said that refers to Tract 27 and Ms. Reynolds said the City cannot build commercially on Tract 27. C/M Schreiber said Rockford is a future neighborhood development of Lennar Homes, which will be adjacent to the Sports Complex on NW 77 Street and Nob Hill Road. Ms. Reynolds said that section was given to the people for parks and recreation and C/M Schreiber said this is located adjacent to Tract 27. C/M Abramowitz said the item concerns a right turn lane to allow people to go into the proposed development. He said it is not a building or a development. Saul Gass, resident, said he is in favor of the four story buildings being proposed by Lennar. He said this is to enhance the City of Tamarac and requested that Council vote in favor of this proposal. City Council Regular Meeting 10/28/92/KJ Page 4 CONSENT ZQ,ANDA 4. Items listed under Consent Agenda, Item 4, are viewed to be routine and the recommendation will be enacted by ONE MOTION in the form listed below. If discussion is desired, then the item(s) will be removed from the Consent Agenda and will be considered separately. AftjLnistratlyq a. VQTTON TO APPROVE budgeted overnight seminars/meetings for the various City departments for Fiscal Year 1992/93. SYNAPSIS OF ACTION: APPROVED Building Dppartment b. MOTION TO ADOPT Tfimp. R"o, #6377 releasing 'Letter of Credit #198 in the amount of $1,500.00 posted as a warranty against construction defects for a home located at 7006 NW 107 Avenue (tabled on 10/14/92). SYNQPSIS OF ,ACTION: RESOLUTION R-92-169-PASSED APPROVED City ClqXJ& C. HQTION TO A$RROVE the minutes of the City Council regular meeting of 9/9/92. SYNOPAX4 Qr ACTIONi APPROVED QLtY Cou4q*l (Mayor BoDder) d. MOTION, TQ ADOPT Ted, Reno. #638f urging President George Bush and The United States Congress to rebuild and reopen Homestead Air Force Base. 91YOPSIS OF ACTION: APPROVED Public, ;%pr7ices -Peyagtment RESOLUTION R-92-170-PASSED e. MOTION TO APPPT Temp, Rpaq, #6387 authorizing the appropriate City officials to execute a Warranty Deed granting to Broward County a 0.058-acre right-of-way for a right turn lane on Nob Hill Road on TRACT 27 for the proposed ROCKFORD development required by Broward County for plat approval. 4xNOPSIS Of 4QTION: RESOLUTION R-92-171-PASSED APPROVED C/M Katz MOVED to APPROVE the Consent Agenda, SECONDED by V/M Schumann. VOTE: ALL VOTED AYE F City Council Regular Meeting 10/28/92/KJ Page 5 A�1�inistrative 5. NQTION TO APPROVE payment in the amount of $16, 610.00 to David M. Griffith & Associates, Ltd., for audit services of the cable franchise agreement. SYNOPSIS OF ACT7QV_ APPROVED C/M Schreiber MOVED to APPROVE Item 5, SECONDED by V/M Schumann. Mr. Kelly said Council had engaged David M. Griffith & Associates, Ltd., to provide an audit of the cable franchise agreement with Continental Cablevision. He said there were several tasks which David M. Griffith reviewed, one of which was to verify the amount of personal property taxes owed in the City, the second was to review and verify the amount of revenue received by Continental Cablevision from advertising and then to review this important documentation for the franchise payments and to ensure that the franchisee has included new sources of revenue in the basis of calculating franchise fees. Mr. Kelly said those new revenues at the time the franchise began, things like HBO included and Pay Per View, and things that did not originally exist but for which the City should be receiving revenues. Mr. Kelly said the David M. Griffith report was received and reviewed by Council as to the amount of money that Continental Cablevision owes the City. He said followup correspondence has been sent to Continental Cablevision requesting that they make these payments to the City. Mr. Kelly said the cost for the consultant to the City was agreed upon by Council to be a total of $14,110.00 with a travel charge not to exceed $2,500.00. He said the total not to exceed fee is $16,610.00. He said this had been discussed at a Council workshop and there was concern expressed by Council as to the lack of documentation provided for the travel expenses, which has been received. He recommended approval of this payment. VOTE: ALL VOTED AYE 6. XQTION TO APPROVE Stipulation and Settlement Agreement between Lennar Homes, Inc., and the City of Tamarac. SYNOPSI$,_,Ql ACTION Discussion was held. (See further discussion and Final Action on Page 11) V/M Schumann MOVED to APPROVE Item 6, SECONDED by C/M Katz. Dennis Mele, attorney with Ruden, Barnett, et. al., representing Lennar Homes, said there is a display of slides demonstrating this item. TAPE 2 Mr. Mele said this is an attempt to settle litigation which has been ongoing for a long time. He said litigation arose over the City's Road Impact Fee Ordinance. He said Lennar is not proposing an increase in density. He said the Tamarac Land Use Plan allows 15 dwelling units per acre on a gross basis for this area and Lennar would like to be able to build according to the Land Use Plan. He said Lennar is requesting to be permitted to do what every other developer is permitted to do. Mr. Mele said there have been questions as to the height of the proposed four story buildings and whether they exceed the Code. He said there was a great deal of discussion during a Council City Council Regular Meeting 10/28/92/KJ Page 6 workshop meeting about how Lennar matches the requirements of the Code. Mr. Mele referred to Section 24-1 of the Code, which gives the definition and rules governing the heights of buildings within the City. He said the Code section states that including stairways, elevator towers and other such appurtenances to a building, buildings in the City can be 50 feet. He said Lennar is ask-ng to be allowed the 50 feet height, including every aspect of the building, Lennar will never exceed the 50 feet, which presently exists in the Code. Mr. Mete said another rule in the Code states that buildings can only be three stories. He said Lennar wants to be allowed four story buildings, which is why this is contained in the settlement agreement. Mr. Mele said another question which arose is whether this creates a precedent for anyone else in the City and it does not. He said this is because if the settlement agreement is approved, then within the context of settling litigation, this matter is being handled for only this property. There was a slide demonstration explained by Mr. Mele. Mr. Mele said one of the reasons that a four story building availability is important to Lennar is because presently, wLth the ability to build only the three stories, it almost forces Lennar to build three story buildings throughout the entire property of Kings Point. He said having the availability to build four stories gives Lennar the flexibility to have a variety of housing types between one, two, three and four story buildings. Mr. Mele said Lennar does not want to put four story buildings over the entire property based on the fact that the market would probably not support it and it is not possible to build four stories on the entire property because it would exceed the Land Use Plan. He said the Land Use Plan and zoning density requirements remain applicable to the property. C/M Schreiber said Mr. Mele did not explain the Code the way it really is and should be. He said the Code presently states that in an R-3U zone, the developer is permitted to build no more than three stories with the height of the building not to exceed 40 feet. He said there is an exception which allows for the housing of an additional 10 feet. He said the current buildings measure 29 feet, 1-1/2 inches and Lennar is requesting to build 43 feet, which is a difference of approximately 12 or 13 feet. Mr. Mele said if Lennar settles the litigation with the Cite and the City allows four story buildings on this development, it does not mean that the City would have to allow four story buildings elsewhere in the City. Mr. Mele said if this is not settled and Lennar litigates and the City loses, and the issue of the Impact Fee Ordinance is declared invalid, then the issue is everyone who has paid impact fees to the City, under this ordinance, will have a claim against the City, supported by a Judgment made by the County Court, to have their money refunded. Mr. Mele demonstrated the three story buildings and the proposed four story buildings. He said the current height on the three story buildings is 30 feet, 4 inches and the height on the proposed four story buildings is 41 feet, which is a difference of 10 feet, 8 inches. He said at the end of the building is 31 feet, 4 inches and the proposed would be 42 feet, equalling a difference of 10 feet, 8 inches. He said the highest point of the building is 40 feet, 4 inches and the proposed would be 50 feet, which is less than a 10 foot difference. 77 Mr. Mete said the Code presently states that a developer can go to City Council Regular Meeting 10/28/92/KJ Page 7�, 40 feet with a three story building, but an additional 10 feet can be added for elevator housing and stairwells. He said some portions of this building are there because of elevator housing or stairwells. He said Lennar is saying that they will never go above 50 feet on any portion of the building including any appurtenance which could be named. He said it is possible to build a structure where substantial portions of the building are 50 feet without a settlement agreement. Mr. Mele said with the type of setbacks being discussed, which are approximately 300 feet away from the nearest home, it is not possible to see the difference of 10 feet in height. Mayor Bender said the City's Consulting Attorney, Alan Ruf, is present to comment on this item due to spending several years on this litigation. (Continued on Page 11) PUB;JP _AXMJ*Q - iQ:00 A.ML CpAt,tY DAy%Jgpmgat 15. PUBLIC HEARING - MOTION TO ADOPT Temp_ Reso_ #6394 concerning a request by Tract 24 Associates/American Housing Group, Inc. (Dorchester Bay Club), for a limited parking waiver to allow: a. 127 grassed parking spaces; b. parking bays with no forward means of egress; and C. the use of parking aisles as the principle means of on - site vehicular circulation; for lands located on the southeast corner of Nob Hill Road and NW 81 Street, zoned R-4A (Planned Apartments). Petition #26-Z-92 sYNOPsX$ OF ACME; Public Hearing was held. DENIED Mr. Kraft read Temp. Reso. #6394 by title. C/M Katz MOVED to APPROVE Temp. Reso. #6394, SECONDED by V/M Schumann, Kelly Carpenter, Director of Community Development, said this is an application by Tract 24 Associates/American Housing Group, Inc., appealing Sections 24-578 (a) (1), (a) (6), and 24-580 (1) (6), which would allow the following if the appeals are granted: a) 127 grass parking spaces b) Parking bays with no forward means of egress. c) The use of a parking aisle as the principle means of on - site circulation. Ms. Carpenter said the applicant is requesting these three waivers in order to develop a 300 unit rental apartment complex at the southeast corner of Nob Hill Road and NW 81 Street. She said the site plan is currently under review by the Site Plan and Plat Review Committee and will be forwarded to the Planning Commission and the City Council at a future date. Ms. Carpenter said the site plan which the applicant has submitted to Staff for review, includes the above -mentioned items. She said these waivers are an intricate part of the proposed site plan and, if the waivers are not approved by Council, then the pending site plan would require revisions to accommodate the changes. Ms. Carpenter said the applicant has stated their justifications in their letter and will personally present them to Council. She said the site plan would meet all City requirements for open space if all required parking spaces were paved. City Council Regular Meeting 10/28/92/KJ Page 8 Ms. Carpenter said Staff is concerned that since this is a family project and not a senior project, it is expected to have a larger number of vehicles present. She said there may be a daily demand for the 127 grass parking spaces. She said daily demand and usage may indicate the need to pave the spaces. Ms. Carpenter referred to drainage and stated that the cap rock doss not allow for the percolation of water. She said Staff is concerned about the potential for standing water in grass parking areas due to poor percolation. She said Staff understands the need for flexibility and the need for allowing intermittent grass parking in some situations. Ms. Carpenter said the site is zoned R-9A and the proposed use for the apartments is consistent with the Land Use Plan. She said the surrounding uses are as follows: north —commercial and residential, east, south and west —residential. She said Council may require additional conditions to ensure the health, safety and welfare of the residents. Ms. Carpenter said the Planning Commission reviewed this application on October 16, 1992 and voted to recommend to Council the following: a) 72 grass spaces be allowed, b) parking bays with no forward means of egress be allowed, and c) the use of a parking aisle as the principle means of on -site circulation be allowed. Ms. Carpenter said the Planning Commission's recommendation was based in part in an alternate site plan that the applicant presented to the Planning Commission and which has not yet been submitted to the Site Plan and Plat Review Committee for its review. Ms. Carpenter said if Council is inclined to grant the waiver, certain conditions, in Staff's opinion, should be set to guarantee the health, safety and welfare of the residents, which are as follows: 1) the bonding for 150% of the cost of construction for all grass spaces to be paved, 2) authority should be granted to the Community Development Department to determine in the future, if some or all parking spaces should be paved, 3) criteria may include: on -site inspections, written, verbal or telephone complaints by tenants, or complaints by other citizens. C/M Katz said he believes that Council should not allow grass parking on any property within the City, even on property which the City owns, on a continual basis. He said the reasons are as follows: 1) the City's aquifer is so high, that the pollution from continual parking on grass area will be a detriment to City drinking water, and 2) the repair and maintenance that will have to be done to keep a grassy area such as this looking esthetically pleasing will be major. C/M Katz said the City has fire access lanes which require a certification by an engineer of a minimum of 32 tons, which means that any time a fire engine goes over a grassy area, it will become embedded in mud. He said if there will be a development cf 300 units and forward access will not be provided as a means to leave the development, the police will be contacted daily regarding accidents, especially following a rain in the attempt to get out of the grassy, muddy area. C/M Katz said he is liaison from Council to the Site Plan and Plat Review Committee and has listened to the comments made by the developer and he is not in favor of granting waivers. He said Council recently completed a case where grass parking was a problem and paved parking had to be provided in order to satisfy the residents in that area. He said he would not like to have a similar situation occur. V/M Schumann asked who would be responsible for the maintenance of this grassy area to keep it low enough to avoid fire hazards with the undergrowth. City Council Regular Meeting 10/28/92/KJ Page 9 C/M Abramowitz said the South Florida Water Management District does not allow the rain water to seap into the water table. He asked if there is any reason, other than money, for the applicant to request grass parking and Ms. Carpenter deferred to Dick Coker, attorney with Brady and Coker, representing the applicant. C/M Abramowitz said when rental units first appeared in the City, there were complaints from the residents but the developers have built some very nice rental units in the area. He said no developer has requested such a proposal until now. Mr. Coker displayed the proposed site plan currently being processed. He said this has nothing to do with money. He said it will cost more to provide the grass parking areas and the large lake than it would to pave the parking areas. He said the reason for these waiver requests are ammenities and open space areas. Mr. Coker said the developer can meet the Code completely. He said this has nothing to do with drainage. He said the City's Engineering Department will require drainage facilities for this grass parking area, which the developer can design to these specifications. He said this would be a parking lot with a sub- base but will have grass on top. He said it will have the catch basins required by the Building Code and will have better perculators. Mr. Coker said this plan has been reviewed by the Fire Department for access for stabilization of all the criteria which the Fire Department requires. Mr. Coker said this is a 300 unit rental complex to be owned and controlled by the developer. He said the developer will be completely responsible for maintaining all of the areas. He said the lake is oversized to provide an extra amenity for the residents of the development. He said the open space is much more than what the Code provides due to esthetics. Mr. Coker said the City has a parking requirement of two cars per one bedroom and two cars per two bedroom and 2.5 cars for every three bedroom unit and a 10% guest parking ratio. He said this is an extraordinarily high parking requirement for paved parking spaces. Mr. Coker said the Planning Commission recommended a middle ground parking waiver. He said the applicant also presented an alternative design to the Planning Commission, which would include a paved area reducing the request from 127 spaces to 72 spaces in the interior areas and still provide the same amount of open space. He said if they were to eliminate the entire parking waiver and pave everything, the open space percentage would dramatically drop, the lake reduces in size and the number of apartments surrounding the lake would reduce dramatically. Mr. Coker explained the parking provisions of most cities. He said the guest parking is assumed within the criteria of the per unit parking requirement; therefore, the 10% is approximately 70 spaces, which is the number of spaces being requested for a parking waiver. Mr. Coker said the other two waivers are directly related to this. He said the waiver for no forward means of egress only relates to the grass parking areas, which is what was approved by the Planning Commission. He said the other is to allow a principle means of ingress and egress. He said most designs for apartment complexes are similar to this in which the parking aisle becomes the access drive around and through the development. Mr. Coker said the developer can make a separate road and meet the requirements of the Code. He said this creates a throughway, which would encourage speeding and speed bumps would be a necessity. He said this present site plan allows for the various areas utilizing City Council Regular Meeting 10/28/92/KJ Page 10 their own parking areas, rather than all 300 units utilizing the entire area. He said this would be a safer situation because there would not be the thoroughfare speeding present. TAPE 3 Mr. Coker said this has nothing to do with money but addresses the amenities of the project. He said the nicer the project and the more open space, the more successful it would be. He said the worst thing that could happen to the developer is not have enough parking or the appropriate maintenance. He said if the developer had any idea that this would not be enough paved parking and would not provide sufficient parking areas and the grass parking areas would not properly accommodate parking and drainage, this would not be proposed at all. C/M Abramowitz said the resolution reflects 127 units, not 72. He asked how committed the developer is in building this project and Mr. Coker said the developer is ready to develop this property. Mr. Coker said the Planning Commission had questioned why the applicant was requesting this waiver when the site plan provides for something different. He said the reason is because an understanding of the rules is needed before bringing a final site plan to Council. He said Council's decision at this meeting will determine what the final site plan would be. C/M Abramowitz said he has concerns about the drainage in this area. He said there are new products on the market that will allow accomplishing what a paved parking area will do and address the concerns that have been expressed and also allow a substantial amount of water to go into the water table. C/M Katz asked if the applicant has spoken to the City Engineers regarding the determination of an adequate amount of wastewater retention in a smaller lake. Bruce Jarvis, developer of the project, answered, yes. C/M Katz said there is a similar project called Spring House. He said the City had given them a waiver to enclose some of their parking spaces for security purposes. He said he received a complaint from a resident in Vanguard Village regarding one of 'nis neighbors owning four trucks parked in his driveway. He said the neighbor was granted a waiver to widen the driveway from a two -car driveway to a three -car driveway. He said there are areas in Tamarac where families park three and four vehicles. He said there is an area in Sunflower Heathgate where they are parking on the swales, streets and in two -car driveways. C/M Katz said he is not adverse to family areas, but is adverse to giving waivers and later having a problem come back to Council. Mr. Coker said the Planning Commission has recommended a couple of conditions. He said the developer would not do this if there was a parking problem. He said Staff has provided for a bonding of 150% of the cost of painting this if it ever needs to be painted. He said the developer will meet all of the engineering criteria. C/M Schreiber said the location of this property is the southeast corner of Nob Hill Road and NW 81 Street. He said Council has an obligation to protect the health, safety and welfare of the residents as well as the future residents. He said Council must see that the developments are pleasing to the eye and is a benefit to the community. He said this plan with grass parking has no benefit to the residents but is a hazard. C/M Schreiber said the vehicles driving through the development would have to use the parking lanes and there is no forward means of egress. He said this is all detrimental to good planning and is not going to be a benefit to the community. C/M Schreiber asked if it is a fact that this property is going to be developed under the low-income housing tax credit program and City Council Regular Meeting 10/28/92/KJ Page 11 Mr. Coker said, yes. C/M Schreiber said he is not in favor of this proposal. Mayor Bender OPENED the Public Hearing. Anthony Grimaldi, resident of Sunflower Heathgate, expressed his dissatisfaction in this plan for grass parking areas. C/M Abramowitz said the petitioner has the right to present any proposition to Council and to protest a decision of the Planning Commission. C/M Katz said during the Site Plan and Plat Review Committee meeting, Staff recommended that the developer not go to the Planning Commmission prior to presenting the request to secure a waiver to Council. Mr. Coker said Staff had recommended that the applicant not carry the site plan to the Planning Commission until they had gone through the waiver process, which requires them to go first to the Planning Commission and then to Council. He said the applicant will have to go back to the Planning Commission with the site plan. Marvin Seidel, resident of Kings Point, asked if there are plans to have children in the development. He said the present school system is overcrowded. He asked if there is a park area provided for the children. He said grass parking would be a detriment to the community. Florence Ranztman, resident, expressed her concerns regarding the beautification of the City. Charles Harribate, resident, requested that this proposal for a waiver be denied by Council. Mayor Bender CLOSED the Public Hearing with no further response. Mr. Coker said this plan was produced solely to create more open space than what the Code provides and has nothing to do with cost.. He said it will cost more to dig the lake and to remove the excess fill than it would to pave the parking spaces. Mr. Coker said this would create a very nice development if permitted to create more open space. He said the developer will bring forward a site plan that will comply with the Code that requires no waivers. VOTE: C/M Abramowitz - NAY C/M Katz - NAY V/N Schumann - NAY C/M Schreiber - NAY Mayor Sender - NAY Mayor Bender RECESSED the meeting at 10:42 a.m. and RECONVENED at 10:47 a.m. with ALL PRESENT. 6. MQTXQF 79 APPROVE Stipulation and Settlement Agreement between Lennar Homes, Inc., and the City of Tamarac. SYNOPSIS OF ACTION,; - APPROVED (See Page 7 for previous discussion) Alan Ruf, Consulting Attorney for the City, reviewed the history of the City. He said Tamarac was chartered in 1963 and in 1969 and 1970, the residents of the City east of 441 and east of Rock Island Road, elected their first Council and for 20 years, the City of Tamarac has been in a hate/love relationship with the major developer of the City. City Council Regular Meeting 10/28/92/KJ Page 12 Mr. Ruf said this lawsuit really began 30 years ago and the first litigation that directly affects this parcel was filed in 1972. He said in April, 1973, Judge Weissing issued an order that stated the Council of Tamarac asked the developer to bring 2,000 acres of land into the City, Land Sections 4, 5, and 6, and by bringing those 2,000 acres into the City, they would be allowed to develop under Broward County standards as they existed in 1972. Mr. Ruf said as soon as the citizens took control of the City, the City tried to take this allowance away from the developer; therefore, Judge Weissing issued an order in April, 1973, which stated that the developer may develop those 2,000 acres under the development standards established by Broward County in 1972. Mr. Ruf said he was hired to handle the 50 litigations. He said in August, 1979, the City settled all outstanding litigation with Leadership Housing, the Pritzger family and purchased the Water Utility. He said the Pritzger family sold the property to F & R Builders, the predecessor to Lennar Homes. He said in 1979, F & R Builders came to the City to talk about the development standards in the balance of Land Sections 4, 5, and 6 and entered into an agreement with the City in 1981, called Stipulation No. 9, to the original 1972 lawsuit, which set up the development standards for the Lennar building from 1981 to date. Mr. Ruf referred to the ninth paragraph of Stipulation No. 9, which states that F & R would not have to pay impact fees other than those that they had agreed to pay in other portions of Stipulation No. 9. He said Stipulation No. 9 further states that if impact fees were assessed or levied across the board, then Lennar would be responsible for those fees. He said in 1986, the City put into effect an impact fee for road construction; therefore, after 1986, in order for Lennar to get a site plan approved, the City Council required them to pay a road impact fee. Mr. Ruf said from 1986 to 1991, when Lennar stated that they would no longer pay road impact fees, they paid to the City $133,000 under protest and spoke about some day filing suit against the City. He said the City collected road impact fees on some site plans but waived it on other site plans, which was not a good thing for the City, from a legal standpoint. Mr. Ruf said when Lennar filed suit against the City in 1991, Lennar asked for the City to pay back the $133,000 that they had already paid to the City. He said they stated that they did not want to pay any more road impact fees based on the provision in Stipulation No. 9, which had been signed by the City in 1981 and approved by the court. He said in order to make it more onnerous to the City, Lennar added a second issue to their complaint, which said not only should they not pay it but they felt that the ordinance which the City created in 1986 is invalid and unconstitutional across-the-board. Mr. Ruf said Lennar stated that they not only would not pay it, but wanted the court to declare the impact fee ordinance as unconstitutional and that the City would have to pay back all of the money that all other developers had paid to the City and would not be able to collect road impact fees in the future. Mr. Ruf said all lawsuits create discussions on possible settlement and 95% of all lawsuits are settled. He said since 1�91 until this date, the City and Lennar have been in constant negotiation as to how to settle these claims against the City. fe said the document before Council today for consideration is the document which is the result of the negotiations process between himself, V/M Schumann, the City Staff and various lawyers and staff of Lennar Homes. Mr. Ruf said the downside to the City is that if this is not settled today, there has been a trial date set by the court on December 21, 1992. He said even if Lennar and the City wanted to extend the date, the court has stated, no. He said the City and C 11 City Council Regular Meeting 10/28/92/KJ Page 13 Lennar Homes have not started making energetic efforts to prepare for trial at this time. Mr. Ruf said if this settlement is rejected, both sides will have to begin, immediate, full --time preparation for trial. He said this will be a major expense to the City, most likely for two lawyers, working continuously. He said if the court were to find in favor of Lennar, they would receive all of their money back, perhaps with interest and perhaps with their attorney's fees being paid. He said the court could find the ordinance to be unconstitutional. He said if it were to be declared unconstitutional, any number of other concerns could develop for the City. Mayor Bender OPENED the meeting to the public for questions. Jess Levin, resident of Clairmont, Kings Point, asked if there are any previous laws in the State that refer to this particular problem or any past cases which have been tried in court regarding this situation. Mr. Ruf said the imposition of impact fees on development in the State of Florida has created a substantial case law precendent. He said there have been several cases and the City's ordinance would have to pass the constitutional muster of the case law which had developed over the years. Mr. Levin asked if there have been any decisions which were in favor or against. Mr. Ruf said the City's position at present is a fully defensible constitutional ordinance which imposes a constitutional and proper development fee and, pursuant to Stipulation No. 9, signed between the City and Lennar in 1981, they have an obligation to pay it. Jerry Fain, resident of Belfort, Kings Point, asked how Lennar plans to accommodate the additional parking for the four stories. Mr. Mele said if Lennar goes to four stories, the footprint of the buildings will be smaller because the buildings are higher; therefore, having more room for the required parking of the City Code. Mr. Fain said the agreement states that Lennar has the option to change the size of the parking spaces. Mr. Mete referred to Page 6 of the agreement. He said in the early litigation, this property enjoyed the right, as a result of settlement of that early litigation, to develop under County standards, of which some of those County standards still apply. He said there are City Codes and County standards and Lennar has the ability to use the City Code or the County standards. He said the mention of canal cross sections or parking sections is an example; therefore, proceeded by the letters, "e.g.", as an example of the types of requirements. Mr. Mele said as far as he is aware, the County standards are the same as City standards for parking spaces in size. He said on the two planned tracts of Trent and Granville, based on the buildings having a smaller footprint, there is more room to put the parking and the parking will meet the requirements without any waivers. Mr. Fain asked what the City would have to give up under other lawsuits. Mayor Bender said the City confines itself to a settlement agreement, which does not have anything to do with any other part of the City. He said there are rules and regulations governing the rest of the City. Mr. Fain requested that the Council listen to the residents of the City. TAPE 4 City Council Regular Meeting 1O/28/92/KJ Page 14 Bernie Hart, resident, said most of the residents do not know the terms of this agreement. He said there are two separate subjects, one is a $133,000 lawsuit against the City by Lennar and the other is a question as to whether the City should grant a change of the City Code to allow them to build four-story buildings. Mr. Hart said this seems to be an agreement that if Lennar does what the City wants, the City will grant them four-story buildings. He said if the City's attorneys had stated that the City felt that Lennar would win the lawsuit for the $133,000, then they should be given the $133,000 and denied the four -store buildings. He said if the City feels that it is right with the impact fees, then there is no reason for the City to grant Lennar the four-story buildings. He said these two issues should be considered separately. Phyllis Rubin, resident of Kings Point, said if a law is established, it is usually for a good reason and if it is changed, it should be for the benefit of the City. She expressed her concern regarding this and if the City is right, Lennar shculd be fought on this issue. Mae Schreiber, resident of Clairmont, Kings Point, asked if case laws similar to this have won and Mr. Ruf said, yes. Ms. Schreiber said the City should take the chance to win this suit. Florence Frantzman, resident, said Mayor Bender had stated that the other parts of Tamarac are controlled by rules and regulations. She asked what is wrong with this part of Tamarac and the rules and regulations. She said if Lennar cared about the residents of Tamarac at all, there are many other places that they could build their four-story buildings, without facing current residences. She suggested that Lennar build them near the Sawgrass Expressway. Sam Sherman, resident of Kings Point, expressed his objections to this agreement. He said most of the residents moved to Florida to avoid living in this type of condition. C/M Schreiber said Mr. Ruf had stated that in 1981, Lennar and the City entered into an agreement which stated that the City had a right to impose traffic impact fees for the future. Mr. Ruf read a paragraph from the 1981 Agreement regarding the fees. C/M Schreiber asked if the City had the right to impose these fees and Mr. Ruf said that was correct. C/M Schreiber said he is a resident of Kings Point and he moved there because the area was beautiful, low-rise and was what he wanted to live in and the majority of the residents in the area feel the same way. He said the residents do not want a change. He suggested that the City fight this all the way. C/M Katz asked if Mr. Ruf was City Attorney at the time of the four-story building waiver request. Mr. Ruf said he has been associated with the City in a legal capacity. He said there are four-story buildings existing in the City of Tamarac at present. C/M Katz said there was an incident in the past where a developer built five three-story buildings, had a waiver approved by the existing Council at that time, with the same height restrictions as per Code to go to a four-story building. He said the height restrictions that existed then are the same restrictions now. C/M Katz said the precedent was set in the City a number of years ago out of a development site plan approved for twelve three-story buildings with a density set forth. He said the site plan was amended and the footprints were changed similar to what the City Council Regular Meeting 10/28/92/KJ Page 15 request is with the agreement stipulation. He said seven of these buildings were waived to four-story buildings with the same density and the same number of parking spaces and every parking space that was given was needed. Sam Sherman, resident, said he had made the point that one precendent sets another which has just been proven by C/M Katz. A member of the audience stated that there was a waiver of the Code but immediately after they gave the opportunity to build the four-story buildings it was rescinded. C/M Abramowitz asked who in the audience was not in favor of granting the request by Lennar and the audience applauded. C/M Abramowitz said City officials are elected to make difficult decisions and to be accountable for their decisions. He said he understood that there was no more density than what was originally provided. He said there was an objection by a resident that the building was going to be 10 feet higher than it currently is but it was his understanding that the building would be 2.5 feet higher. C/M Abramowitz said there are not only four-story buildings in Tamarac but there are five -story buildings in Tamarac. He said a waiver was issued to a developer and after that, many people came to the City requesting waivers but were denied. C/M Abramowitz said the shopping center on the corner of Nob Hill Road and McNab Road is dead because the residents of that area did not want a movie theater there at the time, which could have been a success. He said the theater on Commercial Boulevard is now a success in Lauderhill. C/M Abramowitz said the Council and the City must make an effort not to get themselves in another series of litigations and listen to the applicant by law. C/M Abramowitz said the City of Oakland Park had to pay back approximately half a million dollars for exactly the same type of litigation currently being discussed. He said it is Council's obligation to try and do the best for the entire City of Tamarac, along with understanding the residents' concerns. C/M Katz said Council represents 46,000 residents, not just the members of the audience. He said it is a difficult situation to say that the City may be subject to a half a million dollar penalty. He said Council must do what is in the best interest of the City. C/M Schreiber asked if Malvern was part of the original agreement or stipulation and Mr. Ruf said to the best of his knowledge, Lennar had paid the impact fees for Malvern. C/M Schreiber said he will not vote for four-story buildings. Mr. Mele said one of the things to recognize is that with the building of the four -stories, Lennar will be able to increase the open space in the community and reduce the building coverage and will be able to have a variety of housing types of one to four- story buildings. He said Lennar has also agreed to put in excess of $350,000 worth of landscaping improvements in medians and public rights -of -way throughout the area. He said Lennar has agreed to put in sidewalks and curbing in medians throughout the area and in some locations where it is not adjacent to Kings Point. Mr. Mele said Lennar has also agreed to pay for a traffic,signal at NW 77 Street and Nob Hill Road and, if the County does not approve the traffic signal, Lennar will turn over the $50,000 to the City for use of a public improvement of the City's choice in the area. City Council Regular Meeting 10/28/92/KJ Page 16 Mr. Mele said $133,776 paid by Lennar to the City should not have been paid. He referred to the road impact fees which Lennar paid and would possibly be issued back if the City lost this. He said Lennar would be entitled to the interest on that money at the statutory rate of 12% per year in addition to fees for attorneys and experts. He said the City also has to look at the amount of money paid by other developers for the road impact fee, which would be quite substantial. Mr. Mele said there is an existing deed restriction at the location across from Lombardy and Exeter, which requires Lennar to put in two-story buildings and cannot be changed. He said part of that same deed restriction requires an additional 100-foot setback. He said if this agreement is approved, it is Lennac's intention to come in on the Lombardy tract in the near future with the same product which is in Malvern. C/M Abramowitz said he is sure that Lennar will beautify the area and the only thing that concerns him is the ability to be able zo do the right thing. He said he would hope that the City and Lennar can have the opportunity to work closely together. VOTE: C/M Schreiber - NAY C/M Abramowitz - NAY C/M Katz - AYE V/M Schumann - AYE Mayor Bender - AYE Mayor Bender RECESSED this meeting at 11:45 a.m. and RECCNVENED at 11:50 a.m. with ALL PRESENT. PublA,q,, Ap:ryice4 ppyart-IAAPt 7. MOTION TO APPROVE Change Order #1 to the contract with Man Con, Inc., in the amount of $3,795.15 to readjust final contract quantities and cost extensions for TUE Project 90-24, Construction of 6-Inch Ductile Iron Water Transmission Main; final contract price is $59,848.35. APPROVED Mr. Kelly said the original contract price was $56,052, and with this change order, the final contract price would be $59,848.15, which is approximately a 6.8% increase and is based on the actual quantities which are used. He said this money is coming from the Water Distribution Improvements Tamarac Utilities East account. He said there is $25,000 in that account which will reduce that account to about $22,000. He said the purpose of this is to increase the fire protection in that area. C/M Schreiber MOVED to APPROVE Item T, SECONDED by V/M Schumann. C/M Katz asked if this is a part of the Mainlands 4 project and Mr. Kelly said this is near Prospect Road. C/M Abramowitz said a statement was made that this is to provide better fire service and water pressure in the area. He asked if this is the same as what was in Section 6. Mr. Kelly said this is an upgrading of the entire area. C/M Abramowitz asked if this will take care of the entire eastern portion and Mr. Kelly said this covers a section of the eastern portion of the City. V/M Schumann asked how close the final figure is to the next lowest bidder's price and Mr. Kelly said no matter what the price is, the City has a contractor aboard and with every contractor is City Council Regular Meeting 10/28/92/KJ Page 17 making an estimate on the unit pricing. Mr. Kelly said any other contractor coming in would have bid on what was estimated by the City's consulting engineer on a cost per foot basis. TAPE 5 C/M Abramowitz said he would like a report on this and Mr. Kelly agreed to supply the information. VOTE: ALL VOTED AYE AA$OX4 TTIWA Building ppyarl;xgent 9. MOTION_TO MOT Temp_ Reno_ #63a9 granting a waiver to the provisions of the sign code for a directory sign to be placed near the corner of McNab Road and NW 80 Avenue, fronting McNab Road (NOODMONT COMMONS), requested by Mr. Super Sub, Inc., and Diet Dipper, Inc. SYNOPSIS 07, ACT'T,Qjt; RESOLUTION R-92-172-PASSED APPROVED Mr. Kraft read Temp. Reso. #6389 by title. C/M Abramowitz MOVED to APPROVE Temp. Reso. #6389, SECONDED by C/M Katz. Dan Wood, Chief Building Official, said the applicants, Diet Dipper and Mr. Super Sub, had applied for a waiver to the Sign Ordinance for a ground sign. He said this sign would be facing McNab Road in addition to the existing corner ground sign which reads, "Woodmont Commons". Mr. Wood said this additional new sign does not meet the requirements for a ground sign and is, in effect, a directory sign listing the names of more than one tenant. He said this directory sign does not meet the criteria of a ground sign because the sign exceeds the allowed 12 square feet and the sign face is actually 24 square feet. He said the letter height exceeds four inches in height by eight inches. He said they are requesting the letter height be 12 inches. Mr. Wood said each name exceeds two square feet in sign area for five square feet. He said the sign exceeds four feet in height, the request is for seven feet in height and the sign is closer than 50 feet from the property line, which is 15 feet from the property line. Mr. Wood said the location for the new sign is not shown on the existing site plan and an application to revise the site plan must be obtained after paying the appropriate fees. He said he cannot recommend approval based on the above -stated reasons. He said only the City Council can grant a waiver for an exception to these provisions. Mayor Bender said these two properties are not on McNab Road but are on NW 80 Street and this is located in an area where it needs to be acknowledged that the property exists. C/M Abramowitz said Council had agreed that the Sign Ordinance would be reviewed for changes. He said the Ordinance needs to be revised. He said the City should do everything possible to promote business in the City. C/M Katz asked if the new sign will be the same color and basis and Mr. Wood said they will follow the other criteria listed for the sign. C/M Katz asked if this will accommodate all in the complex and Mr. City Council Regular Meeting 10/28/92/KJ Page 18 Wood said it is not a directory sign and there is a revised site plan available. C/M Schreiber said these are two new enterprises that need whatever help they can get and the Sign Ordinance needs to be revised. He asked if there is some way that the City can work this out so that they can get the advertisement they need and still to close to meeting the requirements of the Code. Mr. Wood said if the sign was designed to provide for additional names. C/M Abramowitz said if an establishment is allowed to have a well - planned directory sign, it would be a benefit to the landlord fcr rental purposes. He said Council has issued variances in the past due to the poor Sign Ordinance. Mayor Bender said all of the other properties in that shopping center face McNab Road except for these two, which cannot be seen from a major road. ffok"" City' PQgmq" ALL VOTED AYE 10. MOTION TO ADOPT Temp, Reso_ #6390 appointing Al Mallor as Chairman of the Veterans Affairs Committee. SYNOPSIS OF ACTION: RESOLUTION R-92-173-PASSED APPROVED Mr. Kraft read Temp. Reso. #6390 by title. C/M Abramowitz MOVED to APPROVE Temp. Reso. #6390, SECONDED by C/M Katz. VOTE: Community Development ALL VOTED AYE 11. a. NOTION TO ApOPT__Temp,, )Rf1so, #63,91 approving a revised site plan for the WOODLANDS COUNTRY CLUB reflecting removal and relocation of trees, provisions for additional parking, and relocation of loading zones around the maintenance buildings. b. MOTION TO APPROVE a Water and Sewer Developers Agreement for WOODLANDS COUNTRY CLUB. $XNOPSIS OF ACTION: RESOLUTION R-92-174--PASSED APPROVED ll.a. following payment of $56.10 due the City for recording fees. APPROVED ll.b. 11.a. Mr. Kraft read Temp. Reso. #6391 by title. C/M Abramowitz MOVED to APPROVE Temp. Reso. #6391. C/M Schreiber asked if they had paid the fee. Ms. Carpenter said the last time she checked at 4:45 p.m. on October 27, 1992, they had not yet paid the fee. City Clerk Carol Evans confirmed that the fees had not been paid. Herbert Heper, representing Woodlands Country Club, paid the $56.10 fee. Ms. Carpenter said this is an application by Woodlands Country Club for major changes to the existing site plan for the Country Club at 4600 Woodlands Blvd. She said the changes are to remove City Council Regular Meeting 10/28/92/KJ Page 19 and relocate trees, to add parking and to relocate loading zones around the maintenance buildings. Ms. Carpenter said the site is zoned S-1 and the use is consistent with the Comprehensive Land Use Plan. She said the applicant will be required to obtain a tree removal permit from Broward County for all trees being removed and the applicant is required to replace the trees removed. Ms. Carpenter said the beautification fee of 7.51% of the certified cost estimate has been paid. She said there are no concurrency issues. She said they are required to submit to the City a mylar and the Planning Commission has recommended approval of this change to the site plan. SECONDED by C/M Schreiber. VOTE: ALL VOTED AYE ll.b. C/M Katz MOVED to APPROVE Item ll.b., SECONDED by V/M Schumann. VOTE: ALL VOTED AYE 12. VQTION TO ADOPT TeMjp,, Pgjo_ #6392 amending Resolution 92--143, which approved a delegation request for WOODMONT TRACT 67 PLAT, to include a modification of the non - vehicular access line along Pine Island Road as all access to and from the site will be from NW 75 Street.Petition #25-Z-92 SYNOPST,;,,_ OF ACTION: RESOLUTION R-92-175-PASSED APPROVED Mr. Kraft read Temp. Reso. #6392 by title. C/M Katz MOVED to APPROVE Temp. Reso. #6392, SECONDED by C/M Schreiber. Ms. Carpenter said when this was originally platted, there was a NW 76 Street, which was subsequentally vacated, but their opening onto Pine Island Road was left on the plat. She said this amendment closes that with a nonvehicular access. She said all approvals have been granted at the Staff level. C/M Katz asked if there are any curb cuts on Pine Island Road and Ms. Carpenter said, no. C/M Abramowitz asked if the developer agrees with this and Ms. Carpenter said, yes, it was a glitch in the process on a previous delegation request and the developer is requesting this. VOTE: ALL VOTED AYE PubXiq Services DgpakAtment 14. XQTION TO ADOPT.,,TOPP_ Reso_ S19360 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 (tabled on 10/14/92). SYNOP.JIS ,;ACTION: RESOLUTION R-92-176-PASSED APPROVED ri Mr. Kraft - rei d Temp. Reso. #6360 by title. C/M Katz 'MOVED to APPROVE Temp. Reso. #6360, SECONDED by C/M Abramowitz. C/M Abramowitz said this was questioned previously by C/M Katz and he asked if he has been satisfied. City Council Regular Meeting 10/28/92/KJ Page 20 C/M Katz said he is not really satisfied. He said he had concerns and had requested that the City Manager investigate those concerns. He said he has not received a report but a verbal comment from Mr. Kelly that he is happy with this company. Mr. Kelly said there had been questions raised regarding this company. He said he had checked with the gentleman that had been previously associated with the firm, who is no longer with the company for the past two years. He said this company has done work on the City Hall, the BSO building and the Utilities building. Re said it is a competent and qualified firm and has all of the insurances and warranties that the City requires. C/M Schreiber asked if the City has a hold harmless agreement with them. Mr. Kelly said all of this is provided for and there has been no problem with any of the work they have done for the City. VOTE: ALL VOTED AYE REPORTS 16. "ty gpuncX1 V/M Schumann - No report. C/M Katz - No report. C/M Schreiber - No report. C/M Abramowitz said the Governor's Conference on Aging in Oxlando was very successful. Mayor Bender - No report. 17. City Att:orneV Mr. Kraft - No report. 18. =1-y —ma�Aawhn Mr. Kelly said Council Tabled the item regarding St. Malachy's Church which will be brought back before Council in the neat future. Mr. Kelly said Council will need to meet to review the Solid Waste Agreement with Broward County soon. Mr. Kelly said an Executive Session will be held today at 1:00 p.m. With no further business, Mayor Bender ADJOURNED this meeting at 12:10 p.m. - 4"L. BENDER MAYOR '- CAROL A. EVANS CITY CLERK Cffir OF .TAMA AC APPWVW ��ING �I _