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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
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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
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6/30/93/KJ
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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
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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
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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.
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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
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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.
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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