HomeMy WebLinkAbout1993-12-08 - City Commission Regular Meeting MinutesCITY OF TAMARAC
CITY COUNCIL REGULAR MEETING
WEDNESDAY, DECEMBER 8, 1993
CALL TO ORDER: Mayor Bender called the meeting to order on
Wednesday, December 8, 1993, at 7:00 P.M. in Council Chambers of
Tamarac City Hall, 7525 Northwest 88th Avenue, Tamarac, Florida.
PLEDGE OF ALLEGIANCE: Mayor Bender called for the Pledge of
Allegiance.
PR]i:SENT
Mayor H. Larry Bender
Vice Mayor Irving Katz
Councilman Norman Abramowitz
Councilman Joseph Schreiber
Councilman Henry Schumann
ALSO PRESENT"
Dina M. McDermott, Interim City Manager
Mitchell S. Kraft, City Attorney
Carol A. Evans, CMC, City Clerk
Phyllis Polikoff, Secretary
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20. MOTION TO AUTHORIZE City Attorney to prepare Ordinance
eliminating blasting in the City.
$YiQP§IS OF AGENDA•
AGENDIZED by Consent. (See Page 9 for discussion and Final
Action)
C/M Schreiber MOVED to AGENDIZE, SECONDED by V/M Katz.
VOTE: ALL VOTED AYE
1. PrMT.TQ PARTTrIPAXION - 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.
Santo Arico, Edgewater Village resident, voiced his concerns
regarding the increase in cost for garbage pick-up and the $2
charge for each household for the Stormwater Management Program.
Dina McDermott, Interim City Manager, referred to tipping fees and
said Broward County's landfill increased, the cost was passed to
the residents and Tamarac had no control over the increase. She
said the Stormwater Management District Program referred to street
sweeping, catch basin and canal cleaning, drainage, and the
Program would generate over $650,000. Mayor Bender suggested that
Mr. Arico make an appointment with Interim City Manager McDermott
for further details regarding the Stormwater Management Program.
Marvin Seidel, Kings Point resident, questioned why residents were
unable to speak on issues that were not agendized and could a
speaker's time be increased to five minutes. He also asked if the
City could do anything regarding the crime problem.
Hy Hochman, Sands Point resident, discussed his concerns regarding
safety, lighting, heights of trees and pruning and cutting of
trees. V/M Katz said the City used Broward County's Tree
Ordinance and all new site plans included a note that trees in
medians were not allowed to exceed 12 feet. Mayor Bender
suggested that Mr. Hochman speak with Interim City Manager
McDermott about the program. C/M Schreiber advised he would meet
with Mr. Hochman and report back to Council.
Bernie Hart, resident, said he was happy the Sister City Program
was being established and he referenced Kiryat Tivon in Israel and
the initial Program. C/M Schreiber said he would work very hard
City Council Regular Meeting
12/08/93/PP
Page 2
on the Program and C/M Abramowitz said a relationship was
established with another City in Israel.
Terry Hobmeier, Isles of Tamarac resident, voiced her concerns
regarding the traffic light and the length of the left -turn lane
going east at the corner of McNab and Pine Island Roads. She
thanked Council for commencing the drainage project on Northwest
71 Place and wished everyone a Happy Holiday.
CONSENT AGENDA
2. Items listed under Consent Agenda, Item 2, 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.
a. MOTION —TO. APPRM the minutes of the 11. / 1 / 93
Special City Council meeting.
F-V47'T*Twf• •�
" ' ' ' 6 r
b. MOTIQfi TO APPROVE renewal of a model sales and
administrative facility permit for BOARDWALK
APARTMENTS (CONCORD VILLAGE II) in Building 10,
Unit 8650, for a six-month period from 12/25/93 to
6/25/94.
SYNOPSIS OF ACTION:
APPROVED
C. MOTION T4 ApOET J=R, Reso. #6598 authorizing the
City Manager to execute paperwork and documentation
necessary to secure Federal Emergency Management
Agency (FEMA) reimbursement for costs incurred by
the City of Tamarac as a result of unnamed
windstorm in March, 1993.
RESOLUTION R-93-166-PASSED
d. M01199 TO ADOPT Temp. Reso. #6596 approving a
Tamarac Utilities West Water and Sewer Utility
Easement to contain a water meter for WOODLANDS
COUNTRY CLUB CLUBHOUSE at 4600 Woodlands Boulevard.
RESOLUTION R-93-167-PASSED
C/M Abramowitz MOVED to APPROVE Consent Agenda Items 2.a. through 2.d.
SECONDED by C/M Schreiber.
VOTE: ALL VOTED AYE
City Council Regular Meeting
12/08/93/PP
Page 3
3. MOTION TO APPROVE the continued participation in a
cooperative purchase of water meters with the City of Hialeah
and St. Lucie County from Precision Meters, Inc., pursuant to
Code Section 6-154, for Fiscal Year 1993/94, for a total
anticipated cost of approximately $67,000, with funding from
TUE Account 419-301-536-670 ($7,000) and TUW Account
425-365-533-670 ($60,000).
C/M Schreiber MOVED to APPROVE, SECONDED by C/M Schumann.
Vernon Hargray, Public Services Operations Manager, said meters
would be replaced with larger pipes, more money would be recovered
and the City saved money by joining with City of Hialeah and St.
Lucie County.
C/M Abramowitz said new meters meant increases on the water bills
but the City lost revenue on the old meters.
VOTE: ALL VOTED AYE
4. establishing an Equity
Study Committee of seven (7) members to make recommendations
to amend the occupational license classifications and rate
structures (11/24/93 tabled).
RESOLUTION R-93-168-PASSED
APPROVED as AMENDED. Members will be appointed at a future City
Council meeting.
City Attorney Kraft read Temp. Reso. #6595 by Title.
C/M Schreiber MOVED APPROVAL, SECONDED by C/M Abramowitz.
Mike Vonder Meulen, AICP/Senior Planner, discussed Chapter 205 of
Florida Statutes regarding Occupational Licenses, revenues,
Unincorporated Broward, Broward County's Tax Equity Study, Fee
Schedule and said Broward County requested the recommendations by
March, 1994.
Discussion was held with regard to the seven members and the
Resolution. City Attorney Kraft said the Resolution could be
Approved now or the Resolution could be Amended to authorize the
Appointments at a later time. There was further discussion and
C/M Schreiber AMENDED the MOTION to ESTABLISH the COMMITTEE,
SECONDED by C/M Abramowitz.
VOTE: ALL VOTED AYE
PUBLIC HEARINGS__.- _7 : 30 Egli.
13. on second
reading to amend Section 7-54 of the Code to eliminate open
pit burning in the City.
City Council Regular Meeting
12/08/93/PP
Page 4
ORDINANCE 0-93-29-PASSED
Public Hearing held. APPROVED on Second reading and Public
Hearing.
City Attorney Kraft read Temp. Ord. #1670 by Title.
C/M Abramowitz MOVED APPROVAL, SECONDED by C/M Schumann.
There was no discussion.
Mayor Bender OPENED and CLOSED the Public Hearing with no further
discussion.
VOTE: ALL VOTED AYE
14. PUBLIC HEARING_-_MOTIOS TO ADOPT Temn_`Ord_ 41668 on second
reading concerning a request by Thomas Bennett, Trustee, to
rezone lands north of McNab Road and east of NW 70 Avenue
(McNAB ROAD SUBDIVISION) from R-3U (Rowhouses) to RM-10
(Planned Apartments). Petition 28-2-93 (11/24/93 tabled)
SYNOPSIS OF ACTION: ORDINANCE 0-93-30-PASSED
Public Hearing held. APPROVED on Second reading and Public
Hearing.
City Attorney Kraft read Temp. Ord. #1668 by Title.
C/M Schreiber MOVED APPROVAL, SECONDED by C/M Schumann.
Mr. Vonder Meulen said the Applicant wished to take advantage of
zero lot line options and setback modifications and Staff
recommended Approval.
C/M Abramowitz questioned whether the City received an Escrow
Agreement which indicated that rezoning would not take effect if
the closings did not take place. City Attorney Kraft said the
question was addressed in Item 5.a. and he received the Escrow
Agreement.
Les Stevens, Attorney for the Applicant, said the zoning would
revert back to what existed on the property today if conditions of
the Agreement were not met.
V/M Katz said the Agreement indicated fees were to be paid prior
to site plan review and Council Approval but nothing was received.
He recommended all fees be put into Escrow and said he did not
object to the Applicant closing on the property if all fees were
put in Escrow.
Attorney Stevens said the rezoning request and site plan approval
would be put into Escrow but the exact dollar amount for Park and
Recreation fees was unknown. He said the Applicant would not get
zoning or site plan approval if Park and Recreation and Road
Impact Fees were not paid. Attorney Stevens referred to the Water
and Sewer Developers Agreement and Building Permits and said the
closing was scheduled for December 13.
TAPE 2
There was further discussion and Attorney Stevens said $2,000 in
fees was paid.
Mayor Bender OPENED and CLOSED the Public Hearing.
VL*.l 44
C/M Schreiber - AYE
C/M Abramowitz - AYE
C/M Katz -- NAY
C/M Schumann - AYE
Mayor Bender - AYE
City Council Regular Meeting
12/08/93/PP
Page 5
L
5. a. approving an Escrow
Agreement offered by Thomas Bennett, Trustee, concerning
the project known as McNAB ROAD SUBDIVISION located east
of NW 70 Avenue, north of McNab Road (11/24/93 tabled).
b. MOTION TO ADOPT TWR. peso. #6599 approving an action
plan and site plan requested by Thomas Bennett, Trustee,
for MCNAB ROAD SUBDIVISION, sixty (60) single-family
units in a zero lot development, located east of NW 70
Avenue, north of McNab Road. Case 49-SP-93
RESOLUTION R-93--169-PASSED
SYNOPSIS QJ ACTION: RESOLUTION R-93-170-PASSED
APPROVED 5.a. and 5.b.
City Attorney Kraft read Temp. Reso. #6593 by Title.
C/M Schreiber MOVED APPROVAL, SECONDED by C/M Abramowitz.
a) Mr. Vonder Meulen said Item 5.a. represented the voluntary
Escrow Agreement between the Applicant and the City.
VOTE:
V/M Katz - NAY
C/M Schumann - AYE
C/M Schreiber - AYE
C/M Abramowitz - AYE
Mayor Bender - AYE
City Attorney Kraft read Temp. Reso. #6599 by Title.
C/M Schreiber MOVED APPROVAL, SECONDED by C/M Abramowitz.
b) Mr. Vonder Meulen said Item 5.b. represented the site plan for
the proposed project consisting of 60 single-family homes in the
new RM-10 zone. He referred to zero lot lines, setbacks,
concurrency regulations, compact deferral areas, landscape plan,
Traffic Impact and Park and Recreation Fees. He said Staff, the
Site Plan and Plat Review Committee and the Planning Commission
recommended Approval.
C/M Schumann questioned the radius of the entrance into the
complex and whether there was enough room for fire vehicles to
drive behind the houses. Jim Budzinski, Fire Chief, said the
outside radius was wide enough, fire hoses would be utilized and
fire vehicles would not go behind the houses.
C/M Schreiber voiced his thoughts regarding recreational
facilities and Impact Fees. Attorney Stevens said the Applicant
was not providing recreational facilities and 100% of the Impact
Fees would be paid. Discussion followed and Attorney Stevens said
the living space would be between 1,800 to 2,400 square feet.
C/M Schreiber questioned double utility services noted in the
Water and Sewer Developers Agreement. Joe Kolb, representing CCL
Engineers, said one side would have double water service and the
other side would have double sewer service.
C/M Schreiber discussed "Planting Soil" in Paragraph 4 on Page 3
of the Landscape Site Plan.
VOTE:
C/M Schumann - AYE
C/M Schreiber - AYE
C/M Abramowitz - AYE
V/M Katz - NAY
Mayor Bender - AYE
6- 0 granting a time extension
for final site plan approval for WOODMONT GARDENS ACLF for
one (1) year for Phase I and four (4) years for Phase IT.
(located south of Southgate Boulevard, east of NW 88 Avenue)
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12/08/93/PP
Page 6
R312 4 � 10) WWWOI •k
RESOLUTION R-93-171--PASSED
City Attorney Kraft read Temp. Reso. #6600 by Title.
C/M Schreiber MOVED APPROVAL, SECONDED by C/M Schumann.
Discussion was held and Alan Gabriel, Attorney, said the I.R.S.
verbally advised the Non -Profit Entity status was Approved and
formal written Approval was pending. He said Coopers and Lybrand
was conducting a Feasibility Study as part of the Bond financing,
and the results were forthcoming.
Mayor Bender requested a letter of confirmation and projected
commencement date for the project. Attorney Gabriel agreed.
C/M Abramowitz discussed the property and requested confirmation
that the property would be maintained. Attorney Gabriel said he
would inspect the property periodically to comply with the City's
request.
VOTE:
ALL VOTED AYE
7. MOTION TO ADOPT Temv. Re90._#6590 approving a revised final
site plan for LAND SECTION 6 - NORTH AND SOUTH (SANIBEL AND
CAPTIVA) (Pulte Homes) located west of NW 108 Terrace between
Southgate Boulevard and McNab Road (11/24/93 tabled). Case
18-SP-93
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RESOLUTION R-93-172-PASSED
V/M Katz MOVED APPROVAL, SECONDED by C/M Schreiber.
Mr. Vonder Meulen said the Applicant received initial Approval
with the condition there be an entrance on Southgate Boulevard.
He said the Applicant put in water features, eliminated one
cluster home, increased Guest Parking, increased the width of the
cluster homes, added amenities to the recreation parcel and
changed the property lines for cluster homes. He said the Site
Plan and Plat Review Committee and the Planning Commission
recommended Approval.
C/M Schreiber discussed water and sewer fees, the Letter of Credit
and Pulte Financial Companies. Timothy Hernandez, Vice President
of Land for Pulte Homes, explained the background of Pulte Homes.
He said Pulte Corporation was the holding company and Pulte
Financial Companies, Inc., issued Letters of Credit and secured
land development activities.
City Attorney Kraft said the requested financial statements were
provided and would be forwarded to Interim City Manager McDermott
and Acting Finance Director Fagelbaum. He said the present
problem was getting the property owners to acknowledge they
provided the Letters of Credit.
C/M Schreiber expressed his thoughts regarding the site plan,
recreational facilities, square footage of the units, the entrance
into the development, possible traffic problems and Northwest 71
Place. Mr. Hernandez discussed four-way intersections and said
most of the density would be on the north side of the property.
VOTE:
ALL VOTED AYE
8. MOTION TO ADOPT_ T2m2. _ Re -so, 6597 awarding Bid 93-13 in the
amount of $54,425. to R.J. Sullivan Corporation for the
modification of Lift Station 1E, which serves Tamarac Lakes
and 2, TUE Project 92-07, with funding from Account
419-301-536-6QZ.
1
City Council Regular Meeting
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Page 7
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r • -1 R
RESOLUTION R--93-173-PASSED
City Attorney Kraft read Temp. Reno. #6597 by Title.
C/M Schreiber MOVED APPROVAL, SECONDED by C/M Abramowitz.
Discussion was held on the Agreement regarding the flow meter, the
City of Fort Lauderdale, bypass valve, the line going to the
master lift station, water purchased from the City of Fort
Lauderdale, sewage from the master lift station and the Vendors.
Kline Jones, City Engineer, said a pipe would be cut on Northwest
21 Avenue and connected to the City of Fort Lauderdale's sewer
lines resulting in lower electrical and maintenance costs at the
lift station.
Mayor Bender asked how long the project would take. Mr. Jones
said the construction would take approximately three months.
C/M Schreiber asked how much money in electricity could be saved.
Mr. Jones said he did not know.
VOTE:
ALL VOTED AYE
9. MOTION TO ADOPIT9p. Ord. #1672 on first reading
establishing the Privatization Committee.
SYNOPSIS OF ACTION. -
APPROVED on First Reading. Second reading and Public Hearing
scheduled for Council Meeting, Wednesday, December 22, 1993, at or
after 10:00 a.m.
City Attorney Kraft read Temp. Ord. #1672 by Title.
C/M Abramowitz MOVED APPROVAL, SECONDED by C/M Schreiber.
There was no discussion.
VOTE: ALL VOTED AYE
10. MOTION TQ ADOPT Temg„. Q=d. #1673 on first reading
establishing the Sister Cities Committee.
SX=SIS OF ACTION
APPROVED on First Reading. Second reading and Public Hearing
scheduled for Council Meeting, Wednesday, December 22, 1993, at or
after 10:00 a.m.
City Attorney Kraft read Temp. Ord. #1673 by Title.
C/M Schreiber MOVED APPROVAL, SECONDED by C/M Schumann.
There was no discussion.
VOTE: ALL VOTED AYE
11, on first reading
establishing the Ambulance Committee.
SYNOPSIS _OF AQTION:
APPROVED on First Reading. Second reading and Public Hearing
scheduled for Council Meeting, Wednesday, December 22, 1993, at or
after 10:00 a.m.
City Attorney Kraft read Temp. Ord. #1674 by Title.
City Council Regular Meeting
12/08/93/PP
Page 8
C/M Schreiber MOVED APPROVAL, SECONDED by C/M Abramowitz.
Mayor Bender said residents complained that they were asked to pay
before being transported to a hospital and this practice violated
the agreement with Broward County. He said Broward County was
notified of the complaints and the Ambulance Committee should find
out why Broward County has not responded.
VOTE: ALL VOTED AYE
12. MOTION TO ADOPT Tg=— Ord. #1675 on first reading
establishing the Annexation Committee.
_SYNOPSIS OF ACTION:
APPROVED on First Reading. Second reading and Public Hearing
scheduled for Council Meeting, Wednesday, December 22, 1993, at or
after 10:00 a.m.
City Attorney Kraft read Temp. Ord. #1672 by Title.
C/M Schreiber MOVED APPROVAL, SECONDED by C/M Abramowitz.
There was no discussion.
VOTE: ALL VOTED AYE
15. DISCUSSION AND POSSIBLE ACTION regarding remuneration for the
Interim City Manager. (tabled 12/3/930
_SYNOPSIS OF ACTION:
$5,000 APPROVED for Dina M. McDermott, while Acting in this
position, retroactive to November 1, 1993.
V/M Katz MOVED APPROVAL, SECONDED by C/M Schumann.
Mayor Bender said on 12/3/93, Council's consensus was to give
$5,000 to Dina M. McDermott during her time as Interim City
Manager.
V/M Katz MOVED to APPROVE the remuneration of $5,000 to Dina M.
McDermott, Acting as Interim City Manager, retroactive to 11/1/93,
SECONDED by C/M Abramowitz.
C/M Schumann requested MOTION be AMENDED to indicate that $5,000
was contingent upon Ms. McDermott remaining as Interim City
Manager but said amount would be nullified upon returning to
Acting City Manager. Discussion followed.
TAPE 2
V/M Katz said the Acting City Manager's salary should remain at
$57,000.
C/M Schreiber said he opposed the increase because the Interim
City Manager's position was temporary and the City was currently
in negotiations with the Unions.
Discussion followed regarding the Personnel Director, compensation
and the Interim City Manager. C/M Schreiber said Ms. McDermott
received increases after she became Acting City Manager.
VOTE:
C/M Abramowitz - AYE
V/M Katz - AYE
C/M Schumann - AYE
C/M Schreiber - NAY
Mayor Bender - AYE
City Council Regular Meeting
12/08/93/PP
Page 9
16. MQTION TO APPROVE the appropriate City officials to refund
the electrical fee for temporary holiday lighting when the
lights are removed within the 90-day period for all
commercial establishments.
APPROVED. Must show evidence that lights removed prior to
issuance of refund.
V/M Katz MOVED APPROVAL, SECONDED by C/M Abramowitz.
Mr. Vonder Meulen said Item 16 would allow lights to remain up
during the holiday and the $35 be refunded to the commercial
establishment after the lights were removed.
Interim City Manager McDermott recommended that commercial
establishments prove the lights were removed prior to getting the
refund. C/M Schumann said the City would keep the fee if the
lights were not removed and discussion followed.
VOTE: ALL VOTED AYE
20- MOTIQN TO AUT99BIZE City Attorney to prepare Ordinance
eliminating blasting in the City.
AGENDIZED by Consent on Page 1. City Attorney to prepare
Ordinance.
C/M Schreiber said residents opposed blasting but Council could
not do anything until the permit was denied. He said in
accordance with City Attorney Kraft's memo, the Code could be
amended -tor_. -deny blasting or it was a Council decision to Approve
the perm,1t._ He suggested City Attorney Kraft be directed to
prepare an ordinance.
C/M Abramowitz questioned whether Council could legally Amend the
Ordinance at this time. City Attorney Kraft said, not at this
time, because there might be a pending application for a permit.
He referred to the health, safety and welfare of the community and
said the Ordinance could be Amended for the future.
Discussion followed pertaining to denial of blasting permits and
City Attorney Kraft said there would be a problem Amending the
Code now if an application was pending.
Mayor Bender suggested City
eliminating blasting because
development.
17. City Council
Attorney Kraft draft an Ordinance
there was very little land left for
C/M Schumann said the Holiday Lighting Ceremonies would take place
Saturday evening, December 11 at 6:00 F.M., at Tamarac Recreation
Center and he invited everyone to attend.
V/M Katz - NO REPORT
C/M Schreiber said he was happy commencement of the Ambulance,
Annexation, Privatization and Sister City Committees was
proceeding and he wished everyone a Happy Holiday.
C/M Abramowitz discussed extra charges on supermarket receipts for
recycling, revised distribution in accordance with House Bill #461
and Counties that did not recycle. He said Counties who recycled
should be exempt from the extra charges and that Broward League of
City Council Regular Meeting
12/08/93/PP
Page 10
Cities opposed the extra charge. He suggested everyone should
write or call their legislators and complain and he wished
everyone a Happy Holiday.
C/M Schumann said House Bill #461 was passed in the Legislature,
against the consumer, by one vote.
C/m Abramowitz said next year the charge to the consumer would
increase by $.01.
Mayor Bender - NO REPORT
City Attorney Kraft - NO REPORT
Interim City Manager McDermott said a meeting is scheduled for
December 16 with representatives from the Isles of Tamarac to
present a report regarding Northwest 71 Place. She said similar
meetings would be scheduled with representatives from Kings Point
and the follow --up reports would be provided to Council. She said
a Staffing Analysis report was provided to Mayor and Council and
suggested said report be discussed at a Workshop.
Mayor Bender wished everyone a Happy Holiday and ADJOURNED the
Meeting at 8.40 P.M.
H. L. Bender
Mayor
Carol A. Evans, CMC
City Clerk
CITY OF TA C
APPROVED AT MEETIN, OF
City Clerk
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