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HomeMy WebLinkAbout1993-06-30 - City Commission Special Meeting Minutes1 P-� City Council Special Meeting 6/30/93/KJ Page 1 CITY OF TAMARAC CITY COUNCIL SPECIAL MEETING WEDNESDAY, JUNE 30, 1993 CALL TO ORDER: Mayor Bender called this meeting to order on Wednesday, June 30, 1993 at 9:00 a.m, in the Conference Room #1 of City Hall. Mayor H. Larry Bender Vice Mayor Irving Katz Councilman Norman Abramowitz Councilman Henry Schumann Councilman Joseph Schreiber John P. Kelly, City Manager Dina McDermott, Assistant City Manager Mitchell S. Kraft, City Attorney Phyllis Polikoff, Secretary 1, 21MLIC PARTTCIZAMION - Any member of the public may speak to any issue which is on this meeting notice. Speakers will be limited to three minutes during this item. 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. Mike Smolak, representative of Lennar Homes, said on Monday afternoon, Kings Point was made aware of this meeting regarding the discussion of the installation of a 100-foot Bell South Mobility tower on the City park. He said he has received a number of calls in his office from residents of Kings Point expressing their concerns over the aesthetics and Lennar Homes has a concern regarding the marketability of the community based on the tower being erected. Mr. Smolak requested that Council consider the effects on Kings Point by the tower. He requested that this item be tabled so that more consideration be given to analyzing the situation for the residents and for Lennar's business. 2. 121SCUSSIQN AND POSSI&LE ACTION regarding the 1993/94 City budget. 6=0219IS 01[ ACTION DISCUSSION was held and was Mr. Kelly AUTHORIZED to send an estimated millage rate of 10% for Fiscal Year 1993/94 to Mr. Markham's Office by August 4, 1993. APPROVED the first Budget Workshop for Fiscal Year 1993/94 for Monday, August 9, 1993. Mr. Kelly said the City must send to Mr. Markham's office a tentative millage rate during the first week in August. He said the budget process began and the City was looking for a 25 - 26% increase. He said during his budget workshops held with the Department Heads, this has been scaled down to 12.5%. He said he received some projections from Mr. Markham's office and the City will be able to knock off an additional $100,000.00 in revenues which have not been identified. Mr. Kelly said $65,000.00 transfers to a 1% increase or decrease. He said with the $100,000.00, it gives the City a 11% increase. City Council Special Meeting 6/30/93/KJ Page 2 Mr. Kelly said there are some factors for Council to consider. He said there are some major projects in the budget which have not been approved by Council in the budget, including $250,000.00 for street resurfacing. Mr. Kelly said these monies include a roll-over to get to the 11%, which includes a roll-over of all the funds. He said the City usually holds back a certain amount. He said he would like to reserve at least $250,000.00, which translates to another 4%. He said Council needs to indicate when they would like the budget sent to them for review. He recommended that the higher amount be sent to Mr. Markham's office, which can be decreased later. Discussion was held regarding previous budget proceedings. Mayor Bender asked if Mr. Kelly has a figure on the number of new homes in the City and asked if this would be an offset against Mr. Markham's projections. Mr. Kelly said the City gained less than 1% in 1992 from the new households. Mary Blasi, Finance Director, said the City just received the information from Mr. Markham's office and for 1993, there was 14 million dollars in new construction and additions. She said the current property assessed value went up to 6 million dollars, for a total of over 20 million dollars. C/M Abramowitz said the City underbudgeted in the past. He said he is uncomfortable anticipating the storm water district situation. He suggested that the City send down a 10% millage. V/M Katz said the City does not stop operating and there is no reason for the Council to be gone for four consecutive weeks at a time when it is necessary for the Council to make certain decisions. He said he is going to consider the entire 12.5% until he has had an opportunity to evaluate what can be dismissed from the budget. V/M Katz said it does not serve the City well to do the storm water project and add it to the ad valorem when there are people in the City who get the benefit of the services but pay absolutely no taxes. C/M Abramowitz said the purpose of this is to not add it to the ad valorem. V/M Katz said he understands that, but there has to be a better way to do this and if it can be done on an assessment basis rather than an increase, possibly as a user fee or a special taxing, this should be considered. C/M Abramowitz said there must be an Enterprise Fund. Further discussion was held regarding this. Mayor Bender said he has been working with Mr. Kelly addressing the waterways. C/M Schreiber asked if it can be reduced later, what would be the difference if a little more than 10% is submitted. He said the City is seriously considering the water management program to take care of the canals and the drainage. He said based on the figures, it has been established that the City develop a revenue of approximately $650,000.00 which would cut down the millage rate to at least 10%. C/M Schumann said submit the proposed rate because it will be cut later. Mayor Bender said the reason for this meeting is for the public to fully understand what Council is trying to do. He said the public 1 1 1 1 City Council Special Meeting 6/30/93/KJ Page 3 reads what is written in the newspapers, not what Council discusses at the meeting. C/M Abramowitz MOVED to APPROVE sending to Mr. Markham's office an estimated figure of 10%, SECONDED by C/M Schumann. VOTE: V/M Katz - AYE C/M Schumann - AYE C/M Schreiber - NAY C/M Abramowitz - AYE Mayor Bender - AYE Mr. Kelly asked if there is any information regarding the School Board Budget Hearings in order to schedule the City's hearings. Mary Blasi, Finance Director, said the dates for the School Board and County meetings have been received and the first public hearing has to take place between September 3 and September 18, 1993. She said during that time period, the School Board will have their hearing on September 9, 1993 and Broward County is on September 14, 1993. She said the second hearing will be scheduled after the first is held. Discussion was held regarding the scheduling of the meeting. C/M Abramowitz said he would like an opportunity to look at his calendar based on the fact that Representative Steven Geller is the newly elected Head of the Broward Delegation and has designated Tamarac to hold a Town Hall meeting and has given Tamarac first choice on the dates. He said he will bring this up again at the end of the agenda to provide Council time to make a decision for a date to schedule the Town Hall meeting. Further discussion was held regarding the public hearing scheduling. Discussion was held regarding changing the regular Council meeting of September 22 to a night meeting and hold the second budget public hearing during that meeting. Ms. Blasi said the information needs to be returned to Mr. Markham's office by August 4, 1993. 3. a MQTIQN IQ ARERM the installation of a 100-foot Bell South Mobility monopole and 325-square foot unmanned communications building at the TAMARAC SPORTS COMPLEX. b. MOTION TO AUTHORIZE the City Manager and City Attorney to negotiate a lease agreement with Bell South Mobility concerning the installation of a 100-foot Bell South Mobility monopole and 325-square foot unmanned communications building at the TAMARAC SPORTS COMPLEX. sxxgzsTs or ACTION: TABLED 3.a. and 3.b. Mr. Kelly said Bell South Mobility has met with Council on a couple of occasions. He introduced Alan Gabriel and Brian Bodett from Bell South Mobility. Mayor Bender asked about the 80-foot monopole referred to in the backup. He asked which is correct and Mr. Gabriel said 100 feet. Mr. Gabriel said Bell South Mobility has asked for a 100-foot monopole structure. He said the Zoning Code limits it to 80 feet unless a variance is granted for the additional 20 feet. City Council Special Meeting 6/30/93/KJ Page 4 Mr. Bodett said Bell South Mobility has not identified the exact location and it was hoped that Council would tell Bell South Mobility that this was acceptable and then Bell South Mobility would work out the terms and the location which would be best for all purposes and then come back to Council for zoning and other such matters. C/M Schreiber said he was shown the proposal by Mr. Gabriel and he could not see a problem and it could be an asset to the City. He said then he went to Granville and looked at the property across the water where the tower is to be placed and stated that it would be an obstruction to all of the residential property in that area. He said he is opposed to the tower being erected. C/M Abramowitz said he gives Bell South Mobility credit for their efforts with this proposal. He said this would have to go through the rezoning process. He said he understands that it would help with communications, but he would not want it near his house. V/M Katz MOVED to TABLE Item 3. Mr. Gabriel said Bell South Mobility is requesting approval to locate a site which would be usable for Bell South Mobility and the City, not for approval to build it. He said if Council tables the item, Bell South Mobility will not get anywhere. He said Council can always tell Bell South Mobility no at a later date. Mayor Bender asked if Mr. Gabriel is requesting a Motion to Approve for Bell South Mobility to further investigate this proposal and Mr. Gabriel said, yes. C/M Abramowitz expressed his concerns regarding this. He said he would not like the City to give tacit approval of this and then after going through the mechanics of it, denying them the opportunity to erect the tower. C/M Schreiber MOVED to DENY Item 3, to install or erect this monopole at the Tamarac Sports Complex, SECONDED by C/M Abramowitz. Mayor Bender said he reviewed the requirement for this pole and was told by Bell South Mobility that there is a pattern which must be established for the signals to be transmitted properly. He said the proposed site is appropriate to complete the loop to give a better service to the community. He said this should not be ignored but possibly researched further. V/M Katz said that is why he requested a Motion to Table. He said there are other areas in the City where the City would not have a problem. He said he did vote to deny pursuing the installation at a previous meeting. C/M Schreiber said Council would be denying them this particular location, not the right to seek another location. C/M Abramowitz said he had suggested that the tower be placed on City Hall property and was told by Bell South Mobility that it is not the location needed to complete the loop for communication. Mr. Gabriel said placing it at the City Hall location will not serve the desired purpose. VOTE: C/M Schumann - NAY C/M Schreiber - AYE C/M Abramowitz - AYE V/M Katz - NAY Mayor Bender - NAY F-7i 1 1 City Council Special Meetih4 6/30/93/KJ Page 5 V/M Katz MOVED to TABLE Item 3., SECONDED by C/M Abramowitz. VOTE: C/M Schumann - AYE C/M Schreiber - AYE C/M Abramowitz - AYE V/M Katz - AYE Mayor Bender - AYE 4. a. MOTION TO ADOPT Temn_ Reso_ f650, authorizing the appropriate City officials to enter into an agreement with Broward County to receive $36,135 in funds from the Broward County Tree Preservation Trust Account to purchase trees for the WOODMONT STREETSCAPE - 70th Street Project. b. MOTION TO APPROVE I waiver of permit fees on curbing and irrigation for the WOODMONT STREETSCAPE - 70th Street Project. SYNOPSIS OF ACTION: RESOLUTION R-93-77-PASSED APPROVED 4.a. and 4.b. 4.a. Mr. Kraft read Temp. Reso. #6501 by title. C/M Abramowitz MOVED to APPROVE Temp. Reso. #6501, SECONDED by V/M Katz. C/M Abramowitz said for a number of years the City had tried to go into a program, "Adopt a Median". He said he is pleased with this proposal. He said he would urge any area in the City which is willing to get involved with this to do so. C/M Schreiber asked if the City has received a commitment of $35,000 from the Woodmont Property Owners Association and Mayor Bender said, yes. Ms. McDermott said the Woodmont Property Owners Association on November 23, 1992, passed a resolution of support to join with the City of Tamarac for a joint grant application to beautify nine medians within the City on 70 Street from Pine Island Road to NW 80 Avenue. She said the WPOA has collected $35,000.00 in funding for irrigation, curbing and ground cover for this project. Ms. McDermott said they are placing the money in a special escrow account and will be doing the construction of the curbing, installation of the irrigation and the installation of the ground cover. She said it is a lot quicker for them to do it on their own rather than going through the City process where the City would have to go out to bid. C/M Schreiber asked if they are going to do theirs first and Ms. McDermott said they have to do theirs first. Mayor Bender said that is discussed in Item 4.b. Ms. McDermott said after Woodmont made the proposal to the City Council, Council approved the grant funding. She said approximately two weeks ago, the City received funding from Broward County in the amount of $36,135.00 for the purchase of trees only. She said the City will be responsible for the purchase of the trees, the tree installation and the maintenance of the trees and the grass. She said the City will continue to maintain only the trees and the grass. Ms. McDermott said Woodmont has committed to maintain the irrigation system, the ground cover and the curbing. She said traditionally, anything that the City does is generic -type median projects. She said when getting into the annuals and special flowering type plants, the City asks the residential areas to maintain them. City Council Special Meeting 6/30/93/KJ Page 6 C/M Abramowitz said Woodmont Country Club will do the maintenance. He said most of the irrigation on the entire 81 Street going into 80 Avenue was put in by the Club. He said this is not a City project. He said the City will only maintain the grass and once a year, tend to the trees if the funding is available. VOTE: ALL VOTED AYE 4.b. C/M Schreiber MOVED to APPROVE Item 4.b., SECONDED by C/M Abramowitz. Mayor Bender said this is for the purpose of Woodmont to begin contracting for the project and due to the property belonging to the City, Woodmont would like to waiver the fees. "*I ALL VOTED AYE 5. MOTION 10 ADOPT TaMp.. ,Re,8,4,- #fiS02 1 authorizing the City Manager to apply for financial assistance in the amount of $50,000 from the State of Florida Department of Natural Resources for the development of an equipped play area, tot lot and picnic area at the TAMARAC SPORTS COMPLEX. SYNOPSIS OF ACTION: RESOLUTION R-93-78-PASSED APPROVED Mr. Kraft read Temp. Reso. #6502 by title. C/M Schreiber MOVED to APPROVE Temp. Reso. #6502, SECONDED by C/M Abramowitz. TAPE 2 Ms. McDermott said this project comes up every year. She said the City is requesting $50,000.00 from the State without a match from the City. She displayed an aerial view of the park. She said the discussion was to locate this project behind the tennis courts. She said two years ago the City applied to the State of Florida but they had run out of funding on Project #5 and the City was ranked Project V . She said Staff needs approximately a month and a half to revise the grant application and resubmit it. She said the City is proposing a natural environmental -type park that will fit and blend in with the area which currently exists. Mayor Bender said this is not a matching grant. Ms. McDermott said this is free money. Discussion was held regarding the make-up and location of the park. Ms. McDermott said the proposed location is northwest, adjacent to the tennis courts. She said one of the concerns about developing this type of facility is so that when the parents are playing tennis, the kids could be in the tot lot area playing and that there is some availabilit for them. V/M Katz asked if there will be water at this location and Ms. McDermott said there is no water. Ms. McDermott said the Department of Natural Resources is very specific on their projects and their criteria regarding safety. She said the boat is just a structure for the children to play on and it may not even be a real boat. She said it may be a playground -looking type boat. 1 1 City Council Special Meeting 6/30/93/KJ Page 7 VOTE: ALL VOTED AYE 6. MOTTON TO ADOPT Temn_ Reso_ #6503 1 authorizing the appropriate City officials to apply for matching grant funds in the amount of $10,000 for the development of a master landscape plan and to enter into an Urban and Community Forestry Memorandum of Agreement with the State of Florida Department of Agriculture and Consumer Services Division of Forestry. RESOLUTION R-93-79-PASSED Mr, Kraft read Temp. Reso. #6503 by title, C/M Schreiber MOVED to APPROVE Temp. Reso. #6503, SECONDED by C/M Abramowitz. Ms. McDermott said this is a matching grant. She said regarding this particular grant, all of the Council members sent her a notification of the grant funding available and requested that the City pursue it. Ms. McDermott said the America the Beautiful Foundation used to fund trees, plants and shrubs, but no longer does so. She said they have hundreds of dollars available for planting -type grants. She said in the past year, they funded a Street Tree Inventory, which is a planning grant to identify all of the trees in public rights -of -ways, identifying and inventorying every tree in detail. She said the next step of that process, after putting the Street Tree Inventory project together, is to take the information and create a Master Landscape Plan, specifically a model median. Ms. McDermott said Nob Hill Road will be one of the City's projects when this is completed, but presently the City is putting together another planning grant to the America the Beautiful Foundation and the City would match it. She said the City would match $10,000.00 to their $10,000.00, if the City receives funding. Ms. McDermott said at present, they want a Council support resolution stating that the City endorses the resolution and that if the City receives the money, that the City would enter into an agreement to proceed to match their money according to the State and Federal guidelines. Mayor Bender said this is only for the purpose of showing intent of support. Mr. Kraft said this would come back to Council for final approval. VOTE: ALL VOTED AYE 7. approving an agreement with Forest Resources Management to prepare the City's Tree Inventory Program. 6YN04_SIS or ACIZON: RESOLUTION R-93-80-PASSED APPROVED C/M Schreiber MOVED to APPROVE Temp. Reso. #6504, SECONDED by V/M Katz. Mr. Kraft read Temp. Reso. #6504 by title. C/M Schreiber asked if the City's employees could handle this rather than hiring an outside firm. City Council Special Meeting 6/30/93/KJ Page 8 Ms. McDermott said the City does not have foresters or tree experts on Staff. Mayor Bender asked if this involves a count and the identification of the trees and Ms. McDermott said the Street Tree Inventory identifies the type of the tree, what it is, what type of condition it needs to be in and where it needs to be planted. Ms. McDermott said this also complies with the City's Comprehensive Plan. She said the City has landscape elements in the Comprehensive Plan and the City has received funding for this project which is in the Matching Grants Account. Ms. McDermott said the City is paying $7,500.00 from the Matching Grant Account and the State is paying $7,500.00 from a Matching Grant Account. She said the consultant who is doing the work is Forest Resources Management, which consists of all licensed or certified foresters. Ms. McDermott said this is a 1992 grant. She said the new one on Item #6 is a 1993 grant. C/M Schumann asked if they would be counting the same trees and Ms. McDermott said they would not be. She said the new project is to develop a model median plan for the entire City. C/M Schumann requested clarification of the two grants since he understands them to be doing the exact same thing. C/M Abramowitz said in one of the grants a plan is being developed for the entire City of Tamarac. Ms. McDermott said the second grant would provide a Master Plan for the entire City. VOTE: C/M Abramowitz - AYE V/M Katz - AYE C/M Schumann - NAY C/M Schreiber - AYE Mayor Sender - AYE 8. authorizing the appropriate City officials to execute a Third Amendment to the Interlocal Agreement with Broward County for solid waste disposal service. RESOLUTION R--93--81-PASSED APPROVED Mr. Kraft read Temp. Reso. #6499 by title. V/M Katz MOVED to APPROVE Temp. Reso. #6499, SECONDED by C/M Abramowitz. C/M Abramowitz said when the County went out for funding for the burners, they had borrowed a certain amount of money and the cities signed -off at that time, stating that the indebtedness and the obligation from the City to Broward County would end on a certain date. He said the County had refinanced the bonds in order to get a better rate but refinancing the bonds elongated the terms. C/M Abramowitz explained the bond refinancing by the County. He said rather than the bond financing ending at the Year 2000, by refinancing them, thirty or forty more years was added to the terms. He said the Broward League of Cities notified the bond carrier that they were going to fight this because it was contrary to the Interlocal Agreement which the County has with the cities. City Council Special Meeting 6/30/93/K,T Page 9 C/M Abramowitz said in doing so, the bond carriers had stated that they would not go through with the deal if the Broward League of Cities and the Interlocal parties did not agree. He said it would have cost a lot of money if this were to be done, a portion of which would have to be borne by the various cities. He said the cities made an arrangement with the County and the County swore that they would never do this again and that any time they would do this, the Broward League of Cities and the members who have signed the Interlocal Agreement would be a party to all of these things. C/M Abramowitz said the County prepared a document such as this, sent it to all of the cities, but forgot to put it into the document. He said this is the corrected agreement, an Interlocal Agreement stating that they cannot do this to the cities. Mayor Bender asked if Mr. Kraft had a chance to read the documentation and Mr. Kraft said he read it. Mr. Kraft said it clarifies the previous agreement regarding the indebtedness and the obligations of the City. C/M Schreiber referred to Section 16.4 of the Agreement and asked who owns the system being referred to. He asked if the plant is owned by Waste Management or the County. C/M Abramowitz said it is owned by the County. He said Wheelabrator originally had the contract with the County to manage the plant. He said Wheelabrator was then bought out by Waste Management right before this was finalized. C/M Schreiber asked if Waste Management owns it and C/M Abramowitz said they operate and own a piece of the plant. C/M Schreiber said the residents of the County are paying over 600 million dollars plus and yet do not own the plant. He said the plant is owned and operated by Waste Management and there is a penalty clause that if the residents of the County do not provide enough garbage per year, a penalty is paid. He asked who entered into this type of agreement. C/M Schumann said the Broward County Commissioners. Discussion was held regarding this. C/M Schumann asked what happens to the solid waste if the City does not approve this and C/M Abramowitz said this is the problem. C/M Abramowitz said there is nothing the City can do but to vote in favor of this. He said after all of the disagreements, they did not put it in the Interlocal Agreement. Mayor Bender asked why the City has to approve this if not comfortable with it and C/M Abramowitz asked what would happen to the garbage generated in the City. V/M Katz referred to Section 16.3 of the Agreement and said it contravenes what was stated previously, that they would be responsible to provide service even though they are not extending the date. He said at a certain point in time, when no money is available, they will not provide services. Mr. Kelly said this is a good amendment and is in the City's best interest. He said this is what the cities wanted to protect them so that the next time the County does this, they would have to come to the cities. VOTE: ALL VOTED AYE City Council Special Meeting 6/30/93/KJ Page 10 9. MOTION TO ADOPT Temv_ Reso_ #6500 approving a delegation request from Pulte Homes Corporation to change the unit note on the face of the recorded plat from 351 townhomes to 359 townhomes and extending the recreation and open space restriction 160 feet into Parcel "B" for the LAND SECTION 6 NORTH PLAT. (located on the southeast corner of Southgate Boulevard and the Sawgrass Expressway). Mr. Kraft read Temp. Reso. #6500 by title. C/M Abramowitz MOVED to APPROVE Temp. Reso. #6500, SECONDED by V/M Katz. C/M Schreiber said this project has moved from 280 to a request for 359 townhomes and more space for the recreation area. He asked how this will affect Parcel B. He said this will have a decided effect on whoever will eventually move in at this location and also for those residing in Westwood 24. He asked if Council has an obligation to protect the current and future residents of the City. He asked if the City must give every applicant what they request. Tim Hernandez, Vice President of Land for Pulte Homes, Inc., said Land Section 6 and Land Section North together included originally 280 units for the north portion, but the Comprehensive Plan provided for 351 units. He said on the south portion, there was approximately 170 townhouses plus 60,000 square feet of commercial land, which was eliminated on the trips. He referred to the difference from 351 to 359, the City had requested that they vacate a portion of Southgate Boulevard, directly north of the north end of Section 6. He further explained the proceedings for this outcome. Mr. Hernandez referred to the recreational facility and stated that Pulte Homes is making the recreational facility a little larger to serve both parcels. C/M Abramowitz said he does not agree with this despite the City's request. He said the City has blocked off Southgate Boulevard, but at the City's request, they took away an exit from Pulte from Southgate Boulevard, which means that everyone who resides in this development must enter or exit from NW 108 Avenue. He suggested that the block off should be created just past Southgate Boulevard. He said the City is trying very hard to serve the neighborhood, but there are other people involved besides the people who live in that particular area. C/M Abramowitz requested that the NW 108 Avenue exit be opened to allow entries and exits from NW 108 Avenue onto Southgate Boulevard, which would minimize the problems on NW 108 Avenue. Ms. Carpenter said the closure on Southgate Boulevard is not the item on the agenda. She said the site plan is not before Council at present, but will be on August 11, 1993. She suggested this item be tabled to August 11, 1993 to be viewed by Council with the site plans. Mr. Hernandez said he would prefer that this be authorized in order to pursue the County's approval. C/M Abramowitz asked what would happen if the street is opened. Ms. Carpenter said if the vacation of Southgate Boulevard is less than what was originally talked about, it is possible that a portion of it will be vacated. City Council Special Meeting 6/30/93/KJ Page 11 Mr. Hernandez said the additional units can be placed elsewhere if the City does not approve the site plan. C/M Schreiber asked if Pulte Homes can change the plat again after the County changes it to 359 units. Ms. Carpenter said the site plan is not on the agenda. C/M Schreiber expressed his concerns regarding the road block as it presently is. C/M Abramowitz asked if a notation can be made in order to move this item. Ms. Carpenter said that can be done at the time of site plan. She said Council has control of the site plan which will be presented in August, 1993, at the earliest. C/M Abramowitz said this is an issue which is far more important than indicated. He suggested that Council discuss this during a workshop meeting. C/M Schreiber asked what effect will the portion of land being pursued for the recreational area have on Parcel B. Mayor Bender said the developer indicated that there will be no effect at all. Ms. Carpenter said she is not prepared to answer that question at present. C/M Abramowitz asked if the 160 feet is dictated in the site plan and Ms. Carpenter said it is all tied to the site plan. C/M Abramowitz asked if Council can change its decision if Council approves this item and then wants to change it at the time of site plan and Ms. Carpenter said Council can, but she has recommended that this item be tabled and held for the site plan. Ms. Carpenter said it would be no earlier than August 11, 1993. Further discussion was held regarding the project and the County approval. Mayor Bender said he sees no problem with tabling this item, because Pulte Homes can still proceed on the authorization of the density it currently has. C/M Schreiber MOVED to TABLE Temp. Reso. #6500, SECONDED by C/M Schumann. VOTE: ALL VOTED AYE Mr. Hernandez said Pulte Homes is trying to get this project off the ground. He referred to Sections 6 and 8 if the City needs to achieve revenue this year. Mayor Bender said the City is looking forward to Pulte Homes completing the project. City Council Special Meeting 6/30/93/KJ Page 12 10. MOTION TO APPROVE Temp+ Rggo- 6505_ authorizing the appropriate City officials to execute a Tri-Party Agreement between the City of Tamarac, Broward County, and Fountains Corporate Center for securing turn lane and sidewalk improvements. ,• •A44COR54 IMW jZ r RESOLUTION R-93-82-PASSED Mr. Kraft read Temp. Reso. #6505 by title. C/M Schreiber MOVED to APPROVE Temp. Reso. #6505, SECONDED by V/M Katz. Ms. Carpenter said this is an application by the owner of the Fountains Corporate Center for the City to enter into an agreement with Broward County which allows for the value of the turn lane and the sidewalks. Ms. Carpenter said if the owner of the Fountains Corporate Center has agreed with the County to dual construct to be placed as a lien on his property, rather than letting it stay as a Letter of Credit or a Bond, then the City has to enter into the agreement under the new rules that the County has in place and agree under Sections 12 and 14 that the City will not issue a building permit or a Certificate of Occupancy until the lien has been satisfied. Jim Brady, landowner, said it increases the security by $5,000.00 and it will be a lien on the land. C/M Schreiber asked if it is being requested that the Council approve the lien on the property rather than accept a Letter of Credit and Ms. Carpenter said, no. Ms. Carpenter said the County is accepting a lien rather than a Letter of Credit for their turn lane and their sidewalk. She said the City's portion of the agreement is in Sections 12 and 14, in which the City is promising the County that the City will not issue a building permit or a Certificate of Occupancy until the lien is satisfied. V/M Katz asked if a lien bond would be considered satisfaction and Mr. Brady said that is under the Mechanics Lien Act and he would not be able to bond the lien over. Mr. Brady said there is an alternate which is provided in the agreement in the system. He said when he pulls a building permit, or gets ready to develop, he would have an option to rebond the entire amount. He said this is just to put the lien on the property at present. He said he would not have the right at that time to bond off that lien. V/M Katz expressed his concerns regarding a lien bond vacating a particular lien. VOTE; ALL VOTED AYE Cl City Council Special Meeting 6/30/93/KJ Page 13 11. MOTION TO APPROVE increasing the cost of the design of the raw water line, TUW Project 88-11, Design of Raw Water Wells 18 and 19, in the amount of $12,000 AND approving Addendum 93-05 to the engineering agreement with Hazen and Sawyer, P.C., in the amount of $12,000 to provide required engineering services for this project. (Tabled 06/24/93) SYNOPSIS OF ACTION; TABLED C/M Schreiber MOVED to APPROVE Item 11, SECONDED by V/M Katz. Mr. Kelly said the City sent notification to the parties involved and is hoping for their participation. C/M Schreiber said the City communicated with the parties but seemed to have received a negative response. He said during the meeting of the President's Homeowner's Association, they were informed that they could not get that money and they agreed to have the City to install the lines. He said it is incumbent upon the City to send some of the elected officials to speak with these people. TAPE 3 Mr. Kelly said it was a consideration to have the Council person from that particular District, but the people have apparently chosen. Mr. Couzzo said all of the residents were phoned and sent registered letters, but some of them were out of town. C/M Schreiber said he is concerned about the additional costs involved. residents. He said it may be worth it for the Council to call on the Mr. Kraft said if this Council has a group meeting outside of the City Hall, it would still have to be a regular public meeting, which will have to be notified to the public. Mr. Kelly said the residents of the neighborhood were notified and invited to this meeting. C/M Schumann said there has to be a way to invite these residents to a meeting for this discussion. Mr. Kelly said the letter was sent to them by registered mail. Mayor Bender asked if the City Manager made contact personally with any of these people and Mr. Kelly said, no. Mr. Couzzo said Gordon Sparks of Engineering contacted some of the residents, but was unable to get in touch with all of them. C/M Schreiber said.a Council person who represents the people should get involved with this. Mayor Bender said he would contact the residents involved personally. C/M Abramowitz expressed his dissatisfaction regarding this. He said this will cost the City approximately $250,000.00. He said he has spoken to the City Attorney who has stated that litigation will cost the City a great deal of money and time. C/M Schumann said if these people have been made aware of the emergency nature of the situation, they would be foolish not to grant the City the easement requested. He said this is not to benefit any individual in the City, but is to supply water to the residents of the area. City Council Special Meeting 6/30/93/KJ Page 14 Mr. Couzzo said Mr. Sparks and the City Engineer, Kline Jones, have met with this group and did discuss the issues Council has concerns about, but were not agreeable at that time. He said it would be in the City's best interest and all parties concerned to continue with the efforts to obtain the easements there. Mr. Couzzo said the City is permitted by its water use permit until January 14, 1994 for the construction of these two wells. He said the ability to get an extension has been investigated, but the City has to resubmit the permit to include those two wells. He said it is the City's intent to do so. V/M Katz said this extension will only state that the City's intent is to build the wells. Mr. Couzzo said the City will not require an extension because it will be the approval of the City's new permit which will include Wells 18 and 19 and the well locations are a part of the permit. V/M Katz said the City has no problem placing the wells where they are, but the City does not have to include how the water is going to be routed. He said the City can continue the process of attempting to talk to these people. Discussion was held regarding the names of the property owners and addresses. C/M Abramowitz MOVED to TABLE Item 11, SECONDED by V/M Katz. VOTE: ALL VOTED AYE 12. approving a waiver to the provisions of the sign code requested by Gaslight Restaurant (formerly Christine Lee's), 6191 Rock Island Road, to allow: • Change of copy on the top 40 square foot portion of the existing sign. • The continued use of the lower additional 32 square feet of changeable copy area. • The existing height of twenty-three (23) feet. • Four different colors. • Eighteen inch (1811) letters with two different letter styles. • A total sign area of seventy-two (72) square feet. • The existing sign to remain on the property line. RESOLUTION R-93-83-PASSED Mr. Kraft read Temp. Reso. #6506 by title. C/M Schreiber MOVED to APPROVE Temp. Reso. #6506, SECONDED by C/M Schumann. Mitchell Ceasar, attorney for the applicant, Mr. Jones, said this property was formerly Christine Lee's and originally was not with the City of Tamarac. He said this property was annexed in a few years ago and the uses were grandfathered in. He said during discussion with Mr. Kraft, it was pointed out that changes have necessitated this request. Mr. Ceasar said Mr. Jones is seeking to maintain status quo with the structure and size of the sign in the same location. He said the waivers are listed so that they can be approved in one vote. He said the request is for some multiple colors. He said the attempt is to revitalize the property and to add tax base. He said the plan is to employ 35 to 40 people at this facility. Further discussion was held 1 City Council Special Meeting 6/30/93/KJ Page 15 regarding the plan for the property. V/M Katz said he does not entirely agree that this should be voted on so that one blanket vote allows for all of the waivers. He said he does not have a problem with leaving the sign on the property line as opposed to moving it in 10 feet; however, he does have a problem with multi -colors. He said these items should be voted on separately. C/M Schreiber said the only items which are in contention are the four colors, the 18-inch letters and the sign area. He said according to the Building Official, the Code calls for 15-inch letter height and the applicant is requesting 18-inch letters and the multi -color request which may be resolved. Discussion was held regarding the existing structure of the sign. V/M Katz said it would be in the best interest to vote on each of these waivers separately. Mr. Ceasar explained the design of the multi -color request. C/M Abramowitz asked if this property was purchased from Christine Lee's and Mr. Jones said he has a lease with an option to purchase. C/M Abramowitz asked if Christine Lee's was closed and Mr. Jones said it has been closed since September, 1992. C/M Abramowitz said Council had a recent request from an applicant whose sign was destroyed by Hurricane Andrew and he wanted to replace it with the same sign that had existed, but was in violation of the City's Code. He said the Christine Lee property was annexed into the City. He said he is against pole signs but he would like to do whatever is necessary for a person coming into the City to be successful. C/M Abramowitz said there is a location in the Garden Plaza on Commercial Boulevard which has been opened and closed approximately five times in the past couple of years. He said it appears that their problem is identification. He said he is going to take into consideration that the location being discussed has been opened and closed C/M Abramowitz asked if the changes being requested would disturb the entire sign, such as the letters on the bottom. He said he would like to vote on these requests individually. Mr. Kraft said the Motion was made to adopt the Resolution as written, but the Motion would have to be amended if the Council intends to make changes. V/M Katz MOVED to AMEND the Motion for Item 12 to vote on each item separately. Motion died for lack of a second. C/M Schumann said he does not find anything objectionable listed on this item. He said the request by the applicant is in good taste and the restaurant sits far back off of Rock Island Road. He said this is an excellent sign. Mayor Bender said his interpretation of four colors is four different colors of lettering. He said this request has one color of lettering, which is white and the other three colors involves the pattern of the background. He said the background is black with a little flame of red and yellow. Further discussion was held regarding the sign's composition. V/M Katz said his main concern is voting consistency. He said the last waivers that have come before Council were voted on based on single color on a single background. City Council 6/30/93/KJ Page 16 VOTE: Special Meeting V/M Katz - NAY C/M Schumann - AYE C/M Schreiber - AYE C/M Abramowitz - AYE Mayor Bender - AYE 13. regarding the wall erected by Regency Homes on Northwest 88th Avenue (Pine Island Road), opposite City Hall. SYNOPSTS OF ACTION_ AGENDIZED by Consent. City Manager Kelly to speak with Director of Community Development with regard to minor or major site plan changes and the wall at above location and NW 78th Street (same builder). C/M Schreiber said he would like to discuss the wall that was erected across from City Hall. He said the City is going into a beautification program involving grants and then a wall is erected which is an eye sore, without the approval of Council, but by being directed by Kelly Carpenter, Director of Community Development to the Plan Adjustment Committee for their approval as a minor adjustment. C/M Schreiber said he cannot believe that a 700-foot wall, 6 feet in height is a minor adjustment to a site plan. He said the Code does not define minor or major changes. He said it is time for Council to stop these types of minor adjustments to site plans by the Plan Adjustment Committee and amend the Code so that every revision of every site plan goes through the Plan Adjustment Committee, the Planning Commission and then the Council. Mayor Bender said the same builder is developing on University Drive with the same type of wall to be built. He said he was greatly disturbed by this and had discussed this with Ms. Carpenter. He said there were trees and shrubs on the location and then they were removed and the wall was erected. Discussion was held regarding this. Mayor Bender said Council needs to be sure that sufficient shrubbery is placed against this wall. C/M Abramowitz said there were no objections raised at the Woodmont Homeowner's Association meeting regarding the wall. He said Woodmont is placing a security guard at the gate. He said he would like to see heavy landscaping placed in front of the wall. He said he wants to be sure that a sidewalk is also installed. Mayor Bender said if a five foot sidewalk is installed there will be very little room left to put in shrubbery. C/M Schreiber said the way it is now, only two foot shrubs can be planted in front and three foot shrubs in the back. C/M Schumann said Council needs to decide what is minor and what is major. Mayor Bender requested that the City Manager look into this and come back to Council with some recommendations. V/M Katz said Regency Homes had come before Council requesting a waiver so that they would not have to install sidewalks, but Council turned them down. He said the sidewalks were to be five feet. He said there may be room to compromise and install a four foot sidewalk. Mr. Kelly said he would not move into a development if there was not some type of wall to buffer on a major thoroughfare. He said there City Council Special Meeting 6/30/93/KJ Page 17 may be some way that the developer will mitigate it. Mayor Bender said there are different types of walls which look nice, but this wall is a blank piece of cement and is not even level. 14. regarding a Town Hall Meeting at City Hall at the request of Steven Geller of Broward County. SYNOPSIS OF ACTIONL AGENDIZED by Consent. Discussion was held and date scheduled is November 4, 1993. Response must be submitted immediately. C/M Abramowitz said Steven Geller is the newly elected Head of the Broward Delegation and is doing a number of things throughout Broward County. He said Representative Geller has designated Tamarac to hold a Town Hall meeting and has given Tamarac first choice on the dates. He said the dates available are as follows: Wednesday, October 20, 1993 Thursday, November 4, 1993 Thursday, November 18, 1993 Tuesday, December 7, 1993 Tuesday, January 11, 1994 C/M Abramowitz said these would be evening meetings to be held at 7:00 or 7:30 p.m. at the City's discretion. He requested that Council review these dates and respond as soon as possible. 15. RQ00WATIONS requested by the Town of Pembroke Park to ackno*�l1§--dge the services of Senator Howard Forman and his Aide �dIi� their dedicated services to Broward County. 9XZT02ALj-j2F -ACTION AGENDIZED by.Consent and APPROVED. City Manager's. Office to prepare. Mr. Kelly said he received a letter from Pembroke Park requesting a proclamation for Senator Howard Forman recognizing him for years of services from the City. Discussion was held regarding this. Mr. Kelly said there are no items scheduled for Council's approval until August 9, 1993. He said Council's workshop meeting days are on August 9, 10 and 11, 1993. He said the regular meeting will be held on August 11 at 7:00 p.m. and the League of Cities Conference will be held on August 12, 13 and 14, 1993. Mr. Kelly said the Budget Public Hearings will be held in September. 16. 121SCUSSION AND PQJ„AZELS ACTION regarding unlicensed electrical contractors. SYNOPSIS ,OF Ar.TION: AGENDIZED by Consent. Discussion was held and City will notify the Broward Delegation to ask Governor Chiles to repeal the law regarding unlicensed electrical inspectors. C/M Abramowitz referred to a newspaper article regarding FP&L. He said by not signing the bill, Governor Chiles has allowed to pass into law no requirement for inspections on the three electrical items that are being put into the homes. C/M Abramowitz said he was informed by Dan Wood, Building Official, that previously in the City of Tamarac, only people designated by FP&L could do installations and of the three that were designated, two were unlicensed and the third was having his license removed. He said it has been found that 50% of the work was being done City Council Special Meeting 6/30/93/KJ Page 18 incorrectly. C/M Abramowitz said the Broward Delegation has informed the City that if the cities are very upset about this, to get a consensus from all of the cities, send it to the Broward Delegation and they would revisit it when they go to Tallahassee. V/M Katz expressed his concerns regarding unlicensed people doing the work and the fact that there is no reference of stability or credibility of the contractor. He said most of these jobs were done without pulling permits. He said Council has a responsibility to the people and it could be difficult to allow a stranger to knock on the residents' doors. He would prefer someone from the City to do this in order to maintain a record as to who was there, when and the type of service that was provided. C/M Schreiber asked what work has been hazardous. Mayor Bender said they have been doing work that is not in conformance with the Electrical Code. With no further business, Mayor Bender ADJOURNED this meeting at 11:00 a.m. CAROL A. EVANS CITY CLERK CITY OF TAMARAC APPROVED AT MEFTIM nF S �) BENDER MAYOR 11 1