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
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08/26/93
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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
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08/26/93
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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
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08/26/93
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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