Loading...
HomeMy WebLinkAbout1993-08-26 - City Commission Special Meeting MinutesCity Council Special Meeting 08/26/93 Page 1 CITY OF TAMARAC CITY COUNCIL SPECIAL MEETING THURSDAY, AUGUST 26, 1993 CALL TO ORDERS Mayor Bender called this meeting to order on Thursday, August 26, 1993 at 5:01 p.m. in the Council Chambers of City Hall. P RE_SE NTT Mayor H. Larry Bender Vice Mayor Irving Katz Councilman Norman Abramowitz Councilman Henry Schumann Councilman Joseph Schreiber John P. Kelly, City Manager Patricia Marcurio, Acting City Clerk Karen Jackson, Secretary 1. PuBLIC PARTICIP TION - 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. Mayor Bender OPENED and CLOSED the Public Participation with NO RESPONSE. 2. on first reading amending Chapter 10 of the City Code entitled "Land Development Regulations", to revise the City's Phasing Policy, and to allow for payment of Water, Sewer, Engineering, Local Traffic Fees and Improvement Bonds in Phases per the Water and Sewer Developer's Agreement and other developer's agreements. Public Hearing was held. APPROVED on first reading. Second reading and public hearing will be held on Wednesday, September 8, 1993 at or after 7:30 p.m. Mr. Kelly read Temp. Ord. #1657 by title. C/M Abramowitz MOVED to APPROVE Temp. Ord. #1657, SECONDED by V/M Katz. V/M Katz said this Ordinance states that any developer can do site work for an entire project, put all the roads, infrastructure and utilities in and not pay any money to the City until such time as the developer has taken out building permits for a minimum of 25 homes. He said this allows for an abatement or delay of payment to the City on road impact fees, engineering fees and storm water retention fees, until such time as the building permit is pulled for a minimum of 25 homes. Mike Vonder Meulen, Senior Planner, said that is correct. C/M Abramowitz said this only affects residential and does not concern industrial or commercial property. He said Lennar Homes and Pulte Homes are affected by this and there is only one section of land which would be affected, which is the island off of 94 Avenue, behind the Temple. C/M Abramowitz asked if there are any other cities that do this City Council Special Meeting 08/26/93 Page 2 and Mr. Vonder Meulen said Tamarac is the only City in Broward County that does this. C/M Abramowitz said he does not want to open a Pandora's box. He said Pulte Homes is one of the biggest developers in the country but that does not mean that they cannot go bankrupt. He said all that he has heard in this City is, "Let's bring people in, let's bring development in". C/M Schreiber said he can understand the principle that is being discussed to encourage development and not to discourage the developers from coming to the City. He asked what affect this will have on the revenue that the City normally anticipates to receive from construction as it is currently set up. C/M Abramowitz said if the developer is not going to build at the present time, the City would get it later upon building. He asked if there is anything in the City's budget currently which reflects the proposed impact fees by Pulte Homes. Mr. Kelly said, no, the budget reflects the building permits revenue. C/M Schreiber said once this is amended it would be good for everyone. C/M Abramowitz said he was told that this would apply to Lennar Homes, Pulte Homes and Regency Homes. V/M Katz said he does not have a problem with Pulte Homes but with changing the Code. He said if the City is going to make an exception for Pulte Homes, he has no objection. He said he has an objection to changing the Code to allow something like this, which may very well happen. He said there may be a developer who will do all of the site work and then decide to sell the development, which would leave the development sitting idle until the time is right to buy or build. Mayor Bender asked if there is any other way to do this. Mr. Vonder Meulen said the City cannot do it in any other way because the Code of Ordinances, Chapter 10, will not allow it. V/M Katz asked how else Chapter 10 can be amended to provide for a compromise in order to not have an entire development go in with site work and not get a building permit. He said it would be fine to pay it in phases, by letting 25% of the phase be paid up front, but if the Code is changed, the City would be allowing this to happen. C/M Schreiber asked what the exposure to the City would be if the developer comes in, does the infrastructure and does not proceed any further. V/M Katz explained what would happen. He said the City has areas which were annexed from the County and the City does not accept their streets because they are not up to the standards of the City. 9 C/M Schreiber asked if the developer is required to put up a performance bond in regard to the infrastructure and the roads and, in the event that it is not correct, the City can call on the bond to make it correct. V/M Katz said he still has paper from a bonding company in Miami, when he was working in Miami. Mayor Bender asked what the City has in the way of relief to provide satisfactory uses for this. Mr. Vonder Meulen said there are no alternatives that he knows of. Tim Hernandez, Vice President of Land with Pulte Homes, said the City Council Special Meeting: 08/26/93 Page 3 payment of all these fees is not related to the issuance of building permits. He said it is common to have water and sewer fees throughout South Florida. He said the engineering and traffic impact fees are all handled on a phase basis. He said they would not be doing improvements and not paying the City the required permit fees. He said Pulte Homes did a site plan for both Sections 6 and 8 and, with the way the system is currently set up, Pulte would have to pay hundreds of thousands of dollars up front. He said the one thing that curses developments is putting these fees up front. V/M Katz asked why this was not brought up over the past year during the process so the City could look for an alternative rather than at the time Pulte Homes is ready to develop the property. Mr. Hernandez said this has been discussed but they went through the procedure that he was instructed to go through which was through the Staff. He said some proposed changes were drafted, then they went to the Planning Commission and now it is before Council. Mayor Bender said this is a first reading and any additional information can be received between the two readings for a final decision. VOTE: C/M Schumann - AYE C/M Schreiber - AYE C/M Abramowitz - AYE V/M Katz Mayor Bender - NAY - AYE 3• approving a contract with Alpha Temporary Services, Inc., to provide crossing guard services in the City of Tamarac under Pompano Beach Bid H-38-91 (tabled 8/25/93). RESOLUTION R-93-100-PASSED APPROVED Mr. Kelly read Temp. Reso. #6517 by title. V/M Katz MOVED to APPROVE Temp. Reso. #6517, SECONDED by C/M Schumann. C/M Abramowitz said he received a call from one of the crossing guards who has been with the City for a long time and she asked why the City does not allow the crossing guards the opportunity to do this. He said they would not be able to provide the insurance the City has and one of the biggest factors attached to this situation is that the City has lost its liability and it can be very costly. He said the crossing guards cannot provide the money needed. C/M Abramowitz said the City's primary concern is the welfare of the children. He said there is a Performance Bond being secured from this company. He said the three people whose salary will be affected by this change are more than welcome to speak with the Personnel Director regarding this. He said doing this is in the best interest of the City. Mr. Kelly said Staff has met with Alpha Temporary Services and they resolved the concerns of,^C6'Unc3l. He said the City will have no responsibility for provi-ding,_tta ring to the school crossing guards. He said the company will pr'ovi:de this training and will provide the City with a $.SF0,000:bbnd tD cover the services provided. He said the proposed contract is for a one year period with and option to extend the contract for an additional two years. Mr. Kelly said Alpha Temporary Services has agreed to leave the City Council Special Meeting 08/26/93 Page 4 rate at $5.97 and to keep it at that rate through the duration of the contract unless minimum wage rates are changed by the Federal Government. Mr. Kelly said during the three month review that the City did, the present crossing guards missed 288 working hours, which cost the City $29,000 to pay the Code Officers to handle the job. He said the major thing is that the liability exposure is at rest. He said the crossing guards will be paid $4.25 per hour. VOTE: ALL VOTED AYE 4. MQTIQN,TO ADOPT Temp__Rego_ #6526 authorizing the City Attorney to take such actions as may be necessary to file written certification with the Federal Communications Commission to obtain authority to engage in cable rate regulation in the City of Tamarac. SYNOPSIS QF_ ACTION: RESOLUTION R-93-1.01-PASSED APPROVED Mr. Kelly read Temp. Reso. #6526 by title. C/M Abramowitz MOVED to APPROVE Temp. Reso. #6526, SECONDED by C/M Schreiber. Mayor Bender said he had requested that the City Attorney not wait until September 1, 1993, which is the time that the FCC set for the cities to apply for the ability to regulate the basic cable channels. VOTE: C/M Schreiber - AYE C/M Abramowitz - AYE V/M Katz - ABSENT C/M Schumann - AYE Mayor Bender -- AYE 5. MOTION TO APPROVE installation of a plaque at the Tamarac Sports Complex indicating participation of Max Ingram. SYNQPSIS OF ACTION-. Agendized by Consent. APPROVED C/M Abramowitz said Council received a letter from Max Ingram, who over the years, as the City was being built, volunteered his time and expertise as an engineer in many aspects. He said there is a small plaque on one of the buildings giving him recognition. He said Mr. Ingram has requested that a plaque be placed on the Tract 27 building indicating his involvement with this development. C/M Abramowitz MOVED to APPROVE Item 5, SECONDED by C/M Schumann. "03477 1 C/M Abramowitz - AYE C/M Schreiber - AYE C/M Schumann - AYE V/M Katz - ABSENT Mayor Bender - AYE With no further business, Mayor Bender ADJOURNED this meeting at 11:00 a.m. . L ENDER YOR CAROL A. EVANs CITY OF TAMARAC CITY CLERK APPROVED AT MEETING OF R 3