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HomeMy WebLinkAbout1991-03-27 - City Commission Regular Meeting Minutes@x- ۥR� P � � t  �t t �t �t �t �t �  �-  � �� �� �� �� ��  �v � ^ f �f �A ��� �( Ϛ Ӛ  Ӛ Ӛ Ӛ Ӛ Ӛ Ӛ Ӛ Ӛ Ӛ Ӛ Ӛ Ӛ 4  �� � C   ITY OF TAMARAC CITY COUNCIL REGULAR MEETING WEDNESDAY, MARCH 27, 1991 CALL TO ORDER: Mayor Abramowitz called this meeting to order on Wednesday, March 27, 1991 at 9:00 a.m. in the Council Chambers of City Hall. MEDITATION AND PLEDGE OF ALLEGIANCE: Mayor Abramowitz called for the Pledge of Allegiance followed by Moment of Silent Meditation for the men and women in the Armed Forces who have returned from Desert Storm and for those who will not return. PRESENT: Mayor Norman Abramowitz Vice Mayor Dr. H. Larry Bender Councilman Irving Katz Councilman Henry Schumann Councilwoman Diane Glasser ALSO PRESENT: John P. Kelly, City Manager Alan F. Ruf, City Attorney Carol A. Evans, City Clerk Karen Jackson, Secretary *********************************************************************** Community Development 4. b. MOTION TO APPROVE a waiver to Section 24-634(a) of the Code to allow barbed wire for the fence along the rear property line only at the Tamarac Paint and Body Shop, 3800 NW 49 Street. SYNOPSIS OF ACTION: See Page 20 for final action. C/M Katz MOVED to REMOVE Item 4.b. from the Consent Agenda for discussion, SECONDED by V/M Bender. VOTE: ALL VOTED AYE C/M Schumann asked if Item 4.d.2. has been signed off by City Attorney Ruf and City Manager Kelly and City Attorney Ruf said City Manager Kelly's office and the City Attorney's office signed off on March 18, 1991. INTRODUCTION 1. PRESENTATION by City Manager John Kelly of ten-year service awards to JOHN DOWLING III, Fire Department, and DORIS MAZEN, Customer Service, and a fifteen-year service award to WILLIAM P. KIELEY, Building Department. SYNOPSIS OF ACTION: Presentations were made. City Manager Kelly presented the awards to John Dowling, III, Doris Mazen and William P. Kieley. 2. ANNOUNCEMENT of four (4) positions to be filled by the City Council and four (4) positions to be filled by the Charter Board on a REDISTRICTING COMMITTEE. SYNOPSIS OF ACTION: Announcement was made. C/M Katz said he will take exception to the Charter as it was written, authorizing parts of this Committee and hold it in abeyance until the Council reports. Engineering/Utilities 27. MOTION TO ADOPT Temp. Ord. #1540 on first reading to amend Chapter 10 of the Code to clarify the bonding for alternatives to positive outlet drainage system, to clarify affected land section numbers under minimum drainage requirements, and to correct scrivener's error under "Bulkheads; Design Standards". SYNOPSIS OF ACTION: APPROVED on first reading. Second reading and Public Hearing will be held on April 10, 1991 at 7:30 p.m. City Attorney Ruf read Temp. Ord. #1540 by title. C/M Schumann MOVED to APPROVE Temp. Ord. #1540, SECONDED by V/M Bender. Bob Foy, Director of Engineering/Utilities, said the proposed changes to the City Code, Chapter 10, relating to drainage are required to remedy three problems. He said the existing Code does not specify the amount of the bond to be posted for positive drainage if the developer cannot provide on-site drainage. He said if the developer posts a bond, the City must expect that this bond will run for years; therefore, to solve this problem, Staff recommends that the City access a cash bond rather than a piece of paper. Mr. Foy said the amount of the bond is changing to be 150% of the certified estimated cost of the project. He said the extra 50% is an accepted number to cover contingencies and inflation. Mr. Foy said the second item is that the South Florida Building Code has determined that Land Section 7 is in the L-36 drainage canal basin. He said Land Section 7 cannot tie into the City's system that is in the C-14 drainage canal. He said the proposed change to the Code would not allow people in Land Section 7 or in the C-13 drainage area to purchase retention from the City. Mr. Foy said the third problem is that the Code allows a land surveyor to design bulkheads. He said a land surveyor is not qualified to design bulkheads and it was probably a scribners error when placed in the Code. He suggested this be changed to a Licensed Professional Engineer of the State of Florida. He said all of these changes are necessary and Staff recommends approval. Mayor Abramowitz said he feels that this is a serious problem regarding Land Section 7 having retainage rights. Mr. Foy said Land Section 7 must comply with the South Florida Water Management District and Broward County requirements as well as the City's requirements. He said the City's requirements state that Land Section 7 has the option to buy retention from the City but South Florida Water Management and Broward County will not recognize this. He said Land Section 7 is not in the appropriate drainage area which the City has the retention to sell. Mayor Abramowitz asked if this will be a problem for development in the future. Mr. Foy said the situation will be this way whether or not the City passed this Ordinance because the South Florida Water Management District will have their requirements. C/M Katz asked if they would be required to install a tertiary plant. Mr. Foy said this is storm water drainage and there will be a canal system that will drain into the L-36 drainage basin that is controlled by the South Florida Water Management District. C/M Schumann asked if the request is for a cash bond in lieu of corporate surety and Mr. Foy said, yes. C/M Schumann asked if there have been any problems with corporate surety and Mr. Foy said there have been problems in the past such as no assets. City Attorney Ruf said he had recommended the cash bond because these are long term bonds and the City retains them for a long period of time. C/M Schumann asked if this cash bond would be held in an escrow account and City Attorney Ruf said it is held in a separate escrow account by the Finance Department. C/M Schumann asked how many developers are going to be able to post cash bonds and City Attorney Ruf said in all of the years that the City has had this bonding system, there are only two or three developers in the entire City that have ever used it and there will not be many in the future. Mayor Abramowitz said the City Council has been rather strict on the requirements of the developer. He said he feels this is a good move for the City. VOTE: ALL VOTED AYE PUBLIC PARTICIPATION 3. PUBLIC PARTICIPATION - Any member of the public may speak to any issue which is not agendized for public hearing at this meeting. Speakers will be limited to three minutes during this item and at public hearings. There will be a thirty (30) minute aggregate time limit for this item, and speakers are encouraged to sign up in advance with the City Clerk prior to their participation. Nathan Peretzman, resident, welcomed the new Council members. He said he feels the makeup of the new Council will be a government for the people of Tamarac. He said he feels the Council will find waste, inefficiency and mismanagement in researching the ambulance contracts. He said this new Council has the power to direct the City Manager and other parties to submit a financial report to the taxpayers of Tamarac as to how the money was spent for the ambulance service. He said the fact that Tamarac refuses to keep bookkeeping records of a budget item is suspicious. He said the ambulance contracts are a community service that involves public firms. He said these contracts were made so that all Tamarac residents would receive "911" emergency transportation to the hospital without cost to the resident. Mr. Peretzman said his problems with the former Councils were regarding why the Council, Mayor, and City Manager refuse to report actual figures to the residents and taxpayers as to monthly trips, total cost of monthly trips, total monthly receipt from Medicare and private insurance. He said the ambulance contracts between the City and Medics Ambulance Service are as follows: Original Contract approved December 10, 1986. Options approved November 12, 1987 and September 28, 1988. Total dollar value.............................$277,000.00 Contract approved September 27, 1989 for two years with a total of $200,000.00 at $100,000.00 per year. Mr. Peretzman said as of September 30, 1991, Tamarac will have given Medics Ambulance Service $477,000.00 without keeping records showing how this money was spent. He requested Council have an audit done on the franchise agreements to make sure the City is getting its fair share. City Manager Kelly presented the records received from Medics Ambulance Service and Broward County on all of the runs made by Medics Ambulance Service that are required by Broward County which pays the money directly to them. He said these are the monthly logs that are required by the contracts sent to Fire Chief Ray Briant who monitors them by the County's EMS Service which monitors them. He said the computer runs the records and the indications of the services to whom they are provided, when there is a call, when there is a pick up, and when there is not a pickup. He said these records do indicate that it is being handled properly. He said the recent transmissions are being sent to the Internal Auditor who, at present, is handling the cable franchise agreements, and these will be reviewed to assure the residents that there has not been any waste, any mismanagement at all in regard to handling this project. City Manager Kelly said Mr. Peretzman has had access to the records over the years and has created an inordinant amount of time for Staff and Council in addressing his concerns. He said these records are available to anyone who would want to review them. Mayor Abramowitz said the City has absolutely no control of who has the contract. He said Broward County tells the City that this sector is handled by Medics Ambulance Service. He said last year the City was close to removing Medics Ambulance Service until the rates were reduced. He said he has heard about this for three years and he has held workshop and special meetings to discuss this situation. He said this is a program that the City of Tamarac offers to the citizens because of the charges the Ambulance Service charges prior to transport, even in an emergency situation. He said the City spends $104,000.00 of taxpayers money to provide to the citizens of the City emergency coverage. He said this is not a limousine service. He said he feels these complaints are not factual. Mayor Abramowitz said he feels bad if Mr. Peretzman has a problem with the ambulance service. He said Coconut Creek is contemplating an ambulance service and they would be handled by Mid-Atlantic Ambulance Service. He said Coconut Creek has approximately 1/3 of the population that Tamarac does, which is paying approximately 30%. He said Coconut Creek is going to pay a minimum of $90,000.00 a year for this service. He said these complaints are unfounded and anyone at any time has the right to review these records. C/W Glasser said she would like to know what Mr. Peretzman's actual complaint is. Mayor Abramowitz asked Mr. Peretzman to make an appointment with C/W Glasser to discuss his problem. Melanie Reynolds, resident, said in the October, 1990 issue of the Tam-A-Gram, the Mayor said, "The will of the people must and will be respected at all times". She said she feels this has not been true in the past five years referring to the budget. She said the people amended the Charter in 1979 making it mandatory that the budget be adopted by Ordinance in accordance with Chapter 166 of the State Statute; however, in 1987, 1988, 1989 and 1990, Council refused to respect the will of the people and have adopted the budget illegally by Resolution, not by Law. Ms. Reynolds said the people voted for a revised Charter in 1976 which consisted of five appointed Committees and in 1986, two additional Boards were added by the people, but the will of the people was again disregarded. She said all of these Boards, Committees and Commission were destroyed and all were changed without the vote or the will of the people in 1987. She said in order to have legitimate, legal members on legitimate, legal Committees, those Ordinances that were voted on by the people in 1976 and 1986 must again be the Ordinances used to appoint members to Committees. She said the Charter is the law of the people and cannot be changed except by the will and the vote of the people. Terry Hobmeier, resident, said it would help if there was a cement guard block on the dead end corner of McNab Road and NW 108 Terrace to prevent dumping only allowing Public Works and BSO access. She said the dead end sign on McNab Road and Nob Hill Road should be larger to prevent drivers from making U- turns when they see there is no access to the Sawgrass Expressway. She said she has given all of the necessary evidence to the BSO regarding property on the north side of McNab Road to NW 108 Terrace in apprehending trespassers who are doing illegal things on the property. She said the fence has been down three times. She said she feels a wooden barracade would be the solution to this problem. Ms. Hobmeier said she feels that if this City and other cities would join forces and have the Broward County Commissioners ask Tallahassee to work on a proposal that all condo and homeowners would pay their fair share of taxes, there would be no need for extra taxes and all of the cities in the State of Florida would survive. She said many condos do not pay any or very little taxes in Broward County. C/M Katz said he has spoke to City Manager Kelly regarding the fence being down. He said there were four people responsible for the maintenance of the fence who will be notified of their responsibility to re-erect the fence. Ms. Hobmeier said there is one character who has a big wheeled truck who knocks this fence back down immediately after it is re-erected. She said she only sees the fresh tracks when driving by. Mayor Abramowitz requested a license plate number be accessed on any violator in this area by any citizen which would aid the BSO to put a stop to this. Anthony Grimaldi, resident of Sunflower Heathgate, said the residents have been paying for one year for single family home recycling. He said the residents have been promised through this entire year that it would be put on the taxes of the condo owners as well. He said the residents have been promised containers for the use of the recyclable goods. He said he does not feel that it has helped the residents in the recycling effort. He said he feels this in unfair. Mayor Abramowitz said there was to be a Special Council meeting held regarding recycling at which time the City was to sign the contract with Waste Management to accomplish exactly this. He said he will fight to not sign the contract with Waste Management. He said he feels the contract is a detriment to the City, but there is no place else. He said City Manager Kelly has a meeting with the Five City Task Force regarding the contract. He said the citizens of Broward County spent 585 million dollars building two incinerators and four months before completion, Waste Management bought the controlling interest of Wheelabrator who owns the incinerators. He said Waste Management bought Durbin Paper. He said the cities have a contract presented by Waste Management and that contract is not what the cities need. He said he is going to recommend to Council not to sign that contract. Mayor Abramowitz said the containers are being stored in Lauderhill but cannot be released until the contract is signed. He said he feels the portions of the contract that are not agreeable can be renegotiated. He said Tamarac's rates are lower than all of the surrounding cities. He said the tipping fees will be raised in June, 1991 from $38 to $62. He said he has requested statistics from Waste Management many times and they say they go by routes, not by City. He said they own the only dump. Mr. Grimaldi said the City should break away and get its own truck and disposal and maybe Waste Management will come to better terms. Marv Seidel, resident of Kings Point, said he empathizes with the people on 71 Street and Nob Hill Road. He said whenever it rains, the people on the west side of 71 Street a large collection of water. He said he understands the City does not have the money; however, he requested that when there is money available, Council would consider doing something for those residents to relieve them of the water backing up. TAPE 2 Joe Schreiber, resident of Kings Point, said he feels it is incumbent upon the Council to contact the Federal Government to do an investigation to determine if there is a violation of the Sherman Anti-trust Act by Waste Management as to when a company buys out everything and eliminates competition. He said the records show that Waste Management has been fined on numerous occasions throughout the United States and in many areas. Mr. Schreiber said he read an article in the newspaper regarding the City of Sunrise entering into their recycling program with condominiums. He asked what Tamarac is doing about the limbo state it is in. Mayor Abramowitz said the City of Tamarac has been so successful in its Recycling Task Force that the United States Government has used Assistant City Manager Dina McDermott's Recycling Task Force as a role model. He said Tamarac is in concert with four other cities because there is strength in numbers. He said everything is on hold until the new proposed contract is signed. He said Tamarac and Wilton Manors were the only two cities who voted against the contract with Waste Management on recycling. He said he feels this contract will be signed; however, the current stipulations are not beneficial to the City or the City's tax base. He said the Law does not allow anybody but the City Managers to be on the Negotiating Committee. He said if there is any way to control what is happening with Waste Management, it will be found. Mr. Schreiber asked if there are any records of how much money Medics Ambulance Service has received from the patients that they transported to the hospital every year. City Manager Kelly said it usually takes six months after the close out of the year to begin to make that determination because they recover funds from several sources. Mr. Schreiber said there is a clause in the City's contract with Medics Ambulance Service that states that every dollar over $145,000 is to be split equally between them and the City and the City has never received any money. He said he feels that Fire Chief Ray Briant is not qualified to audit the books of this company. He said he feels it is incumbent upon the City to have a professional auditor review these records to be sure everything is being handled properly. C/M Katz said he feels that the minority stockholders of Waste Management own other corporations which do business in the City and, if something is to be accomplished, it may have to be done in a way to affect them on the financial end. Herbert Hayes, resident, made a statement regarding other aspects on the Medics Ambulance Service. (See Verbatim Minutes Attachment 1) ORDINANCES PUBLIC HEARINGS - 10:00 A.M. Community Development 12. a. MOTION TO ACCEPT Affidavits of Publication, Mailing and Posting for Temp. Ord. #1523. Petition #2-Z-91. b. MOTION TO ADOPT Temp. Ord. #1523 on first reading concerning a request by the CITY OF TAMARAC to rezone lands at the southeast corner of Commercial Boulevard and NW 25 Terrace (otherwise identified as Stop and Shop, 2550 W. Commercial Boulevard) from R-1 (Single Family Residential) to B-1 (Neighborhood Business) to conform to the Broward County Land Use Plan and City of Tamarac Code of Ordinances. Petition #2-Z-91. SYNOPSIS OF ACTION: ACCEPTED 12. a. APPROVED 12. b. as amended on first reading to rezone to B-1 (Neighborhood Business). Public Hearing held. Second reading and Public Hearing will be held on April 10, 1991 at 7:30 p.m. 12. a. V/M Bender MOVED to ACCEPT Affidavits, SECONDED by C/M Katz. VOTE: ALL VOTED AYE 12. b. City Attorney Ruf read Temp. Ord. #1523 by title. Kelly Carpenter, Director of Community Development, said Council has adopted the City's Land Use Plan in conformance with State Statutes Chapter 163 and with the Broward County Charter. She said the Broward County Land Use Plan, to which the City is subject, requires that the City's Land Use Plan be in conformance with the County's Plan and subsequent to that is that the City's zoning districts be in conformance with the City's Land Use Plan. She said Items 12 through 22 are clean-up items where the City is doing separate actions to bring the City's zoning districts into conformance with the City's Land Use Plan. She said these items consist of areas that have been incorrectly zoned for 25 years, areas in which properties are zone categories that no longer exist, and areas which have been annexed and still have County zoning and the attempt is to bring them into City zoning categories. Ms. Carpenter said the applicant is the City of Tamarac, Petition #2-Z-91. She said to process an application in which the City is an applicant, the Staff goes to the Planning Commission and requests this in order to be in compliance with the City and County Land Use Plan. She said the Planning Commission authorizes Staff to proceed with the legal advertising and to process the case by a Motion. Ms. Carpenter said this is an application to rezone from R-1 to B-3 acreage in Section 17.49.42, bounded by Commercial Boulevard on the north, Parcel F, Tamarac Lakes South to the east, Lot 2 Block 26 of Tamarac Lake South to the south and Northwest 25 Terrace to the west. She said the parcel is approximately 9,000 square feet, 0.2 acres of land. She said the property is zoned R-1C (Single-family) which does not allow convenience stores. She said a convenience store has existed on the site nearly 20 years at that location. She said in an effort to serve businesses and allow them to continue to operate in the City and in order to remain in compliance with the Tamarac Land Use Plan, Staff proposes to rezone this property to B-3. Ms. Carpenter said some concern had been expressed at the Planning Commission level by residents that perhaps B-3 is too strong a category. She said the commercial parcel to which this is adjacent is zoned B-3. She said planning practice tells us that as a rule, that zoning should try to be done in a like fashion to the surrounding uses. She said Staff proposes to rezone this to B-3 which is a similar use to what is on the adjoining property. She said it is fully within the Council's purview to consider B-2 or B-1, which would not harm the convenience store use which is on the property. Ms. Carpenter said the surrounding uses and zoning are as follows: north-R-1 (Residential), east-B-3 (Commercial), south-R-1 (Residential) and west-R-1 (Residential). She said this rezoning needs to have commercial flexibility to make it work. She said the Ordinance should include language in it which says the City is using the 20% flexibility on commercial or the 5% commercial flexibility and it will become effective at the time the Land Use Plan is certified by Broward County. She said the Planning Commission recommended approval. Mayor Abramowitz said Staff has tried very hard to bring many parcels of property within the City into conformity. He said without the Comprehensive Land Use Plan being approved, the City would not exist. He commended Ms. Carpenter for a job well done in getting the State of Florida to the point of approval of the Tamarac Land Use Plan. He said in many instances there were things done improperly and everything must be in conformity. C/M Katz said he feels that if the sole purpose from changing this from R-1 to a business district is to bring it into compliance, that it should be limited to B-1 (Neighborhood Business) which would allow them to operate a convenience store. He said in the event that someone purchases this property, it will not become a business center. Mayor Abramowitz said if the Motion to change this to B-3 is defeated, then something else can be done. City Attorney Ruf said he would prefer to see a vote on an amendment if there is a Motion to Amend the Ordinance to B-1. C/M Schumann asked if this will be conditional upon the certification by Broward County and Ms. Carpenter said that is correct. C/M Katz MOVED to AMEND the Ordinance to restrict the zoning to B-1 rather than B-3, SECONDED by C/W Glasser. Melanie Reynolds, resident, said she agrees with this amendment because Ms. Carpenter said the surrounding areas are B-3. She said the surrounding zones are not B-3 and R-1 is only six blocks to 31 Avenue. She said she feels it would be more appropriate to be closer to a residential use rather than a heavy commercial use. VOTE: C/M Schumann - AYE C/W Glasser - AYE V/M Bender - AYE C/M Katz - AYE Mayor Abramowitz asked if this would be detrimental to the Comprehensive Land Use Plan or the ability for development at this location and Ms. Carpenter said, no. Mayor Abramowitz - AYE Mayor Abramowitz said a Motion is needed to vote on the amended Ordinance. C/W Glasser MOVED to APPROVE amended Ordinance #1523, SECONDED by V/M Bender. VOTE: ALL VOTED AYE 13. a. MOTION TO ACCEPT Affidavits of Publication, Mailing and Posting for Temp. Ord. #1524. Petition #3-Z-91. b. MOTION TO ADOPT Temp. Ord. #1524 on first reading concerning a request by the CITY OF TAMARAC to rezone both sides of NW 22 Avenue, north of Commercial Boulevard, from M-1 (Light Industry) to LI-1 (Light Industry) to conform to the Broward County Land Use Plan and City of Tamarac Code of Ordinances. Petition #3-Z-91. SYNOPSIS OF ACTION: ACCEPTED 13. a. APPROVED 13. b. on first reading. Public Hearing held. Second reading and Public Hearing will be held on April 10, 1991 at 7:30 p.m. 13. a. V/M Bender MOVED to ACCEPT Affidavits, SECONDED by C/M Schumann. VOTE: ALL VOTED AYE 13. b. City Attorney Ruf read Temp. Ord. #1524 by title. V/M Bender MOVED to APPROVE Temp. Ord. #1524, SECONDED by C/M Katz. Ms. Carpenter said this is an application by the City of Tamarac for a rezoning from M-1 to LI-1 consisting of 8.5 acres, Tamarac Industrial Park, Plat Book 63, Page 26, Lots 1 through 14 in Parcel A. She said the City happens to own Parcel A, which is the City Parking Lot. She said Lot 5 is the only vacant lot in this group of rezonings. She said it is located on both sides of NW 22 Avenue, north of NW 23 Street. She said the City eliminated its M-1 zoning category in 1987, but the properties that were zoned M-1 were not put into a new category. She said this Ordinance is placing them in the only industrial category which is LI-1. Ms. Carpenter said the following information will pertain to Items 13 through 22. She said if the property is developed, the rezoning will affect future additions which will have to meet new setback requirements. She said if a property is destroyed by an act of God such as a hurricane, fire or something similar, over 75% of its assessed valuation could be rebuilt back to the new setbacks that are in the Code. She said if the property is not developed, then this zoning would require the developer to build with the new setbacks. Ms. Carpenter said the surrounding land uses are as follows: north-transportation, east-transportation, south-residential and industrial, west-residential and commercial. She said these are in conformity with the City and County Land Use Plans. She said the Planning Commission and Staff recommend approval. She said a public meeting was held on this item in February and Staff sent out over 4,000 notices to the community with very minimal response. VOTE: ALL VOTED AYE 14. a. MOTION TO ACCEPT Affidavits of Publication, Mailing and Posting for Temp. Ord. #1525. Petition #4-Z-91. b. MOTION TO ADOPT Temp. Ord. #1525 on first reading concerning a request by the CITY OF TAMARAC to rezone the northwest corner of NW 21 Avenue and Prospect Road from M-1 (Light Industry) to LI-1 (Light Industry) to conform to the Broward County Land Use Plan and the City of Tamarac Code of Ordinances. Petition #4-Z-91. SYNOPSIS OF ACTION: ACCEPTED 14. a. APPROVED 14. b. on first reading. Public Hearing held. Second reading and Public Hearing will be held on April 10, 1991 at 7:30 p.m. 14. a. V/M Bender MOVED to ACCEPT Affidavits, SECONDED by C/W Glasser. VOTE: ALL VOTED AYE 14. b. City Attorney Ruf read Temp. Ord. #1525 by title. V/M Bender MOVED to APPROVE Temp. Ord. #1525, SECONDED by C/M Schumann. Ms. Carpenter said this is a petition by the City of Tamarac to rezone from M-1 to LI-1 for 1.61 acres of vacant land known as Golfview Plaza, Plat Book 121, Page 3, Lots 1 and 2, less the parts which are lying in the City of Fort Lauderdale. She said it is located on the northwest corner of NW 21 Avenue and Prospect Road. She said the City eliminated the M-1 zoning category in 1987 and this property was never rezoned to the only remaining industrial category which is LI-1. She said this land is undeveloped; therefore, the developers will be required to conform to all of the setback requirements in LI-1. She said there is industrial to the north, residential to the east, open space to the south and to the west. She said Planning Commission and Staff recommend approval. VOTE: ALL VOTED AYE 15. a. MOTION TO ACCEPT Affidavits of Publication, Mailing and Posting for Temp. Ord. #1526. Petition #5-Z-91 b. MOTION TO ADOPT Temp. Ord. #1526 on first reading concerning a request by the CITY OF TAMARAC to rezone lands north of Commercial Boulevard, west of NW 58 Way, from County R-1C (Single Family Residential) to City R-1C (Single Family Residential) to conform to the Broward County Land Use Plan and the City of Tamarac Code of Ordinances. Petition #5-Z-91. SYNOPSIS OF ACTION: ACCEPTED 15. a. APPROVED 15. b. on first reading. Public Hearing held. Second reading and Public Hearing will be held on April 10, 1991 at 7:30 p.m. 15. a. C/M Schumann MOVED to ACCEPT Affidavits, SECONDED by V/M Bender. VOTE: ALL VOTED AYE 15. b. City Attorney Ruf read Temp. Ord. #1526 by title. V/M Bender MOVED to APPROVE Temp. Ord. #1526, SECONDED by C/M Katz. TAPE 3 Ms. Carpenter said this is a petition by the City of Tamarac to rezone from County R-1C to City R-1C. She said the parcel is Woodland Meadows which is vacant and Woodland Greens constituting approximately 14.23 acres north of Commercial Boulevard, west of NW 58 Way. She said these were annexed in 1988 and the City has been waiting to rezone them. She said the developers will be required to build to the setbacks for the vacant parcels in City R-1C and the developed properties, if they are destroyed by over 75% of the assessed value, will be required to be rebuilt using the new setback requirements. She said they can remain in their existing state as legal non-conforming uses where they invade any setbacks. She said the surrounding uses are as follows: north-residential and County PUD, east-R-4 (Residential), south-B-1 (Commercial) and west-B-5 (Commercial). She said the Planning Commission recommended approval. Ms. Carpenter said the most calls received on these residential items were from property owners in the residential areas concerned where their properties were going from a County zone to a City zone and they would be legal non-conforming uses because their buildings extended into City setbacks. She said all of these questions have been answered on a case by case basis. She said Staff recommends approval. Don Rosenthal, resident, said he was the builder of Woodland Greens. He said he has made numerous complaints to the Building Department concerning a residence located at 5737 NW 57 Place, which has not been in conformity with the City or County. He said the people have put two additions to their home without building permits and had placed their last addition almost completely on the building line. He said at present, nothing has been done. He asked if the City is going to accept all these non-conforming zoning regulations that have been passed over by the people in the area or is the City going to handle these properties that do not conform to County or City building codes where they have been in direct violation for a period of ten years and a number of complaints have been made. Mayor Abramowitz asked if this complaint has been received by the Department. Ms. Carpenter said this complaint would have been directed to Code Enforcement and this is the first she has heard of it. She said she feels that if it was built legally in the County then it comes into the City as a legal non-conforming use; however, if it was built illegally in the County, the person would have to ask for a variance to make it legal or that portion that was illegally built would not be a legal non-conforming use. Mayor Abramowitz said the statement was made that this took place within the period of time where the City had annexed that particular property. He requested that Mr. Rosenthal meet with Assistant City Manager Dina McDermott to discuss this situation. Mr. Rosenthal said in the past there had been a credit which was taken by the City of Tamarac as part of the expenses which had to be paid for adding the private Water Authority to become part of the City of Tamarac's Water Authority. He said to the absorbtion of the Water Authority, the City charged all of those persons who were in the County at that time an additional fee for their water because they were not City of Tamarac residents; however, no consideration at any time was ever taken for these people who had prior to that had a credit with the private Water Authority. He said the City used the credit from these people to purchase the Tamarac Water Authority. He said he feels the City has taken money from these people and then charged a surcharge to these people for something that was partially theirs. Mayor Abramowitz said these questions which have been asked need to be answered. He suggested making an appointment with City Manager Kelly to discuss this matter. Mr. Rosenfeld said on the change of zone from County to City, there are certain permissable practices which were allowed by the County and are not allowed by the City, such as keeping a boat on the property of the homeowner. He asked if the changing of zones from County to City preclude the use of this privelege. Ms. Carpenter said the boat will need to be enclosed by a fence or a garage. She said it is not permitted to have a boat free-standing on the side. Mr. Rosenfeld said when a privelege is taken away from somebody which they have used for a period of time legally, it is not fair. He said none of the lands being absorbed wish to be part of the City; however, now that the City has absorbed these areas, the residents would like to retain some of those privileges which the residents have had in the past. He said he feels it is totally unfair to incur additional expenses on the residents of Woodland Greens. He requested that the current residents be allowed to maintain their current living status and if and when their property is sold, then the new owners be required to be in compliance with the new zoning specifications. C/M Katz said when these sections are annexed and become part of the City, the City will look for the dedication of the streets and the utilities to the City. He asked if these sections need to update to the criteria of the City prior to the City's acceptance of the streets and utilities. Ms. Carpenter said those questions were answered in the pre-annexation papers that were presented to Council and to the Legislature and in areas where public streets could be accepted, they were accepted and in areas where they are private, they have remained private. She said the City's policy has been and is codified that they have to meet the City's standards prior to being accepted. She said complete records have been kept and she offered to review these with Council. Ms. Carpenter said in reference to the boat question, this can be looked at narrowly with respect to the R- 1C zoning or the overall zoning requirements of the City with the understanding that the City does not allow boat parking anywhere unless it is screened, other than in commercial districts. C/M Schumann asked if this will invalidate any of the allogations that there were improprieties if this is passed. City Attorney Ruf said he does not feel that anything done at present will legitimatize this if it was not legitimate at the time the building went forward. Mayor Abramowitz said this will re-enforce the Codes of the City. C/M Schumann asked the difference between County R-1C and City R-1C. Mike Vonder Meulen, Senior Planner, said a comparison chart was created of each of the different zoning categories which was sent to all of the property owners in all of the annexed lands. He said the attempt was made to find the most appropriate City zoning category with what was permitted in the County categories and the two R-1C categories are as follows: Requirements Broward County Tamarac Equal Density X Height 35 feet 30 feet (2 story- (3 story) with lge. roof) Front Yard Setback 25 feet 20 feet Side Yard Setback (7-1/2 ft.) Rear Yard Setback 15 feet 15 ft.(except when water or canal is present) then addl. 5 ft. Plot Coverage 40% Minimum Plot Width 60 feet Ms. Carpenter said most of these areas are covered by Homeowners Associations and most have incorporated the County regulations which were in place at the time of site plan. Don Rosenthal, resident, said this did not reflect in any way the priveleges that went along with the zoning which would be regarding his boat along the side of his house. He said with the City's Ordinance being passed, he would not be permitted to park his boat along side of his house which is why he requested the Ordinance be passed; however, the current residents be permitted to continue the priveleges currently used as long as these residents are the original residents of the property and when the property is sold, the new owners would be under the complete restrictions of the City. Mayor Abramowitz said he feels more information is needed to make a decision on this matter. He requested this be passed on the first reading then discuss this with the City Manager and Community Development for further information prior to the second reading. C/M Katz said the City strives to eliminate selective enforcement of any of the Codes. He said he feels Mr. Rosenthal is looking for selective enforcement and he would not condone it. Stacey Byron, resident of Woodland Place, said she has been trying to access a permit to build a screened room in her back yard; however, the Building Department says she cannot have a permit to do so. She said her neighbors all around her have a screened room and she said she does not understand this. Ms. Carpenter said she has spoken to Ms. Byron regarding this situation and the property has been inspected. She said there are cases in which additions were built on units prior to the time of annexation. She said if there were additions placed after the annexation, they were not approved as to zoning. She said either a permit was not accessed or the zoning was not checked. She said in most of the cases which have been reviewed, the additions were built prior to June, 1988. She said the current County Zoning Ordinances will not allow these screened rooms. She said she feels this is an example of items that need to be referred back to Staff for a one-on-one case handling, which is why the 4,000 notices were sent out. She said there will be hardships present which is why the City needs to change from the County categories to the City zoning categories. V/M Bender asked if tabling this item should be considered or can this item be approved on first reading with the problems clarified. City Attorney Ruf said he feels Council should approve this on first reading and handle the problems prior to the second reading. Mayor Abramowitz said these inconformities are prevelant throughout the City; however, any house that is not in conformity is not saleable. City Attorney Ruf said the definition of a structure under the South Florida Building Code may be the problem. He said a screened room may not be permitted; however, a deck or a patio may be appropriate. VOTE: ALL VOTED AYE Mayor Abramowitz RECESSED and RECONVENED at 11:00 a.m. with all present. 16. a. MOTION TO ACCEPT Affidavits of Publication, Mailing and Posting for Temp. Ord. #1527. Petition #6-Z-91. b. MOTION TO ADOPT Temp. Ord. #1527 on first reading concerning a request by the CITY OF TAMARAC to rezone lands at the southwest corner of Bailey Road and The Commons from County RM-10 (Multifamily Residential) to City R-3 (Low Density Multifamily Residential) to conform to the Broward County Land Use Plan and the City of Tamarac Code of Ordinances. Petition #6-Z-91. SYNOPSIS OF ACTION: ACCEPTED 16. a. APPROVED 16. b. on first reading. Public Hearing held. Second reading and Public Hearing will be held on April 10, 1991 at 7:30 p.m. 16. a. C/W Glasser MOVED to ACCEPT Affidavits, SECONDED by C/M Katz. VOTE: ALL VOTED AYE 16. b. City Attorney Ruf read Temp. Ord. #1527 by title. C/M Katz MOVED to APPROVE Temp. Ord. #1527, SECONDED by C/M Schumann. Ms. Carpenter said this is an application by the City of Tamarac to rezone from County RM-10 to City R-3, Banyan Lakes, Plat Book 102, Page 18, Parcel A, in Shakerwood Village Condominium Buildings B through F comprising of 39.4 acres, the vast majority of which is developed. Requirements Broward County Tamarac Equal Density 10 units per acre Height 35 feet 30 feet (2 story- (3 story) with lge. roof) Front Yard Setback 25 feet 20 feet Side Yard Setback 10 feet 7.5 feet Rear Yard Setback 15 feet 15 ft.(except when water or canal is present) then addl. 5 ft. Plot Coverage 35% Minimum Plot Width 60 feet(individ.) 200 ft.(full parcel) Distance separation 15 feet Ms. Carpenter said these two areas were annexed in 1988 and the City is proceeding to do the rezoning. She said this rezoning will affect future additions which will have to conform to the setback requirements in the Zoning Code. She said if the property is destroyed by over 75% of the assessed value, they will be required to be rebuilt using the new setback requirements. Ms. Carpenter said the surrounding uses are as follows: north-community facility, east-R-4 (Residential), south-R-4 (Residential) and County PUD, and west-R-4A (Residential). She said the Planning Commission and Staff are recommending approval of this rezoning. V/M Bender asked why the Plat Book numbers have been changed and Mr. Vonder Meulen said they were copied from Redi Maps. He said through research it was found that numbers on the maps were incorrect; therefore, were changed to the corrected numbers from the County. VOTE: ALL VOTED AYE 17. a. MOTION TO ACCEPT Affidavits of Publication, Mailing and Posting for Temp. Ord. #1528. Petition #7-Z-91. b. MOTION TO ADOPT Temp. Ord. #1528 on first reading concerning a request by the CITY OF TAMARAC to rezone the west side of The Commons, north of Commercial Boulevard, from County PUD (Planned Unit Development) to City R-3 (Low Density Multifamily Residential) to conform to the Broward County Land Use Plan and City of Tamarac Code of Ordinances. Petition #7-Z-91. SYNOPSIS OF ACTION: ACCEPTED 17. a. APPROVED 17. b. on first reading. Public Hearing held. Second reading and Public Hearing will be held on April 10, 1991 at 7:30 p.m. 17. a. C/M Schumann MOVED to ACCEPT Affidavits, SECONDED by C/M Katz. VOTE: ALL VOTED AYE 17. b. City Attorney Ruf read Temp. Ord. #1528 by title. V/M Bender MOVED to APPROVE Temp. Ord. #1528, SECONDED by C/M Katz. Ms. Carpenter said the applicant is the City of Tamarac to rezone from County PUD to City R-3. She said in the PUD zoning, all rules are set individually, but the City tried to choose the zoning category which was most comparable. She said City R-3 allows 10 units per acre, a front yard setback of 20 feet, height of 30 feet, side yard setback of 7-1/2 feet, rear setbacks are 15 feet (20 ft. on the water), plot width of 200 feet, coverage is 35% and a distance separation of 15 feet between buildings. Ms. Carpenter said this land was annexed in 1988 and the land will remain non-conforming if it does not meet the City's setback requirements and if the property is destroyed by over 75% of the assessed value, they will be required to be rebuilt using the new setback requirements. She said this area is all developed. She said the surrounding uses are as follows: north-RM-10 (residential), east-R-4 (residential), south-R-1C, and west-RM-10 and R-4. She said the Planning Commission and Staff recommend approval. VOTE: ALL VOTED AYE 18. a. MOTION TO ACCEPT Affidavits of Publication, Mailing and Posting for Temp. Ord. #1529. Petition #8-Z-91 b. MOTION TO ADOPT Temp. Ord. #1529 on first reading concerning a request by the CITY OF TAMARAC to rezone lands north of Commercial Boulevard, west of NW 58 Way, from County R-4 (Planned Apartments) to City R-4A (Planned Apartments) to conform to the Broward County Land Use Plan and City of Tamarac Code of Ordinances. Petition #8-Z-91. SYNOPSIS OF ACTION: ACCEPTED 18. a. APPROVED 18. b. on first reading. Public Hearing held. Second reading and Public Hearing will be held on April 10, 1991 at 7:30 p.m. 18. a. C/M Schumann MOVED to ACCEPT Affidavits, SECONDED by V/M Bender. VOTE: ALL VOTED AYE 18. b. City Attorney Ruf read Temp. Ord. #1529 by title. C/M Schumann MOVED to APPROVE Temp. Ord. #1529, SECONDED by C/W Glasser. Ms. Carpenter said the applicant is the City of Tamarac which is to rezone from County R-4 to City R-4A, Woodland Meadows, and unrecorded portion of Tract 14, Parcel 1, which is developed and consists of 14.15 acres north of Commercial Boulevard, west of NW 58 Way. She said this is an annexed property. Requirements Broward County Tamarac Equal Density 25 units per acre 15 units per acre Height 100 feet 40 feet Front Yard Setback 25 feet 50 feet Side Yard Setback 10 feet 20 feet Rear Yard Setback 20 feet 15 ft. Plot Coverage up to 55% up to 35% Minimum Plot Width 100 feet(full parcel) 200 ft.(full parcel) Ms. Carpenter said this land was annexed in 1988 and the land will remain non-conforming if it does not meet the City's setback requirements and if the property is destroyed by over 75% of the assessed value, they will be required to be rebuilt using the new setback requirements. She said the Planning Commission and Staff recommend approval. VOTE: ALL VOTED AYE TAPE 4 19. a. MOTION TO ACCEPT Affidavits of Publication, Mailing and Posting for Temp. Ord. #1530. Petition #9-Z-91. b. MOTION TO ADOPT Temp. Ord. #1530 on first reading concerning a request by the CITY OF TAMARAC to rezone the northwest corner of Commercial Boulevard and Rock Island Road from County R-1C (Single Family Residential) to City R-1C (Single Family Residential) to conform to the Broward County Land Use Plan and City of Tamarac Code of Ordinances. Petition #9-Z-91. SYNOPSIS OF ACTION: ACCEPTED 19. a. APPROVED 19. b. on first reading. Public Hearing held. Second reading and Public Hearing will be held on April 10, 1991 at 7:30 p.m. 19. a. C/M Katz MOVED to APPROVE Affidavits, SECONDED by C/M Schumann. VOTE: ALL VOTED AYE 19. b. City Attorney Ruf read Temp. Ord. #1530 by title. C/M Schumann MOVED to APPROVE Temp. Ord. #1530, SECONDED by C/W Glasser. Ms. Carpenter said the applicant is the City of Tamarac for a request to rezone from County R-1C to City R- 1C, Comrock Subdivision, and Comrock First Edition Subdivision, constituting 30.13 acres more or less and approximately 25 lots more or less are vacant. She said this is located at the northwest corner of Commercial Boulevard and Rock Island Road and are lands annexed in 1988. She said the same conditions would apply regarding the legal non-conforming status and, if the property is destroyed by over 75% of the assessed value, they will be required to be rebuilt using the new setback requirements. She said the comparisons for these zones have been recited on a previous item. She said the Planning Commission and Staff recommends approval. VOTE: ALL VOTED AYE 20. a. MOTION TO ACCEPT Affidavits of Publication, Mailing and Posting for Temp. Ord. #1531. Petitions #10-Z-91 and #11-Z-91. b. MOTION TO ADOPT Temp. Ord. #1531 on first reading concerning a request by the CITY OF TAMARAC to rezone both sides of Woodlands Boulevard, north of Commercial Boulevard, from County RM-10 (Multifamily Residential) to City R-3 (Low Density Multifamily Residential) to conform to the Broward County Land Use Plan and City of Tamarac Code of Ordinances. Petitions #10-Z-91 and #11-Z-91. SYNOPSIS OF ACTION: ACCEPTED 20. a. APPROVED 20. b. on first reading. Public Hearing held. Second reading and Public Hearing will be held on April 10, 1991 at 7:30 p.m. 20. a. C/M Katz MOVED to ACCEPT Affidavits, SECONDED by C/M Schumann. VOTE: ALL VOTED AYE 20. b. City Attorney Ruf read Temp. Ord. #1531 by title. C/W Glasser MOVED to APPROVE Temp. Ord. #1531, SECONDED by C/M Schumann. Ms. Carpenter said the applicant is the City of Tamarac to rezone from County RM-10 to City R-3. She said the comparison has already been presented on a previous item. She said this involves the rest of Comrock and the Villas at the Gate which is approximately 22.04 acres at Comrock and 21.46 at the Villas at the Gate and is on both sides of Woodlands Boulevard, on the north side of Commercial Boulevard. She said these are annexed lands and would be subject to the same non-conforming and rebuilding requirements discussed in the previous items. She said the Planning Commission and Staff recommend approval. VOTE: ALL VOTED AYE 21. a. MOTION TO ACCEPT Affidavits of Publication, Mailing and Posting for Temp. Ord. #1532. Petition #12-Z-91. b. MOTION TO ADOPT Temp. Ord. #1532 on first reading concerning a request by the CITY OF TAMARAC to rezone lands west of Woodlands Boulevard, north of Commercial Boulevard, from County R-4 (Planned Apartments) to City R-4A (Planned Apartments) to conform to the Broward County Land Use Plan and City of Tamarac Code of Ordinances. Petition #12-Z-91. SYNOPSIS OF ACTION: ACCEPTED 21. a. APPROVED 21. b. on first reading. Public Hearing held. Second reading and Public Hearing will be held on April 10, 1991 at 7:30 p.m. 21. a. C/M Schumann MOVED to ACCEPT Affidavits, SECONDED by C/M Katz. VOTE: ALL VOTED AYE 21. b. City Attorney Ruf read Temp. Ord. #1532 by title. C/W Glasser MOVED to APPROVE Temp. Ord. #1532, SECONDED by C/M Schumann. Ms. Carpenter said the applicant is the City of Tamarac to rezone from County R-4 to City R-4A. She said the parcel is Woodland Cove, Parcels A and B. She said Parcel A is already covered by a City approved site plan after it was annexed and consists of 6.94 acres and there are still three buildings left to be built on this parcel. She said these are 1988 annexed lands and would be subject to the same non-conforming and rebuilding requirements discussed in the previous items. She said the Planning Commission and Staff recommend approval. VOTE: ALL VOTED AYE 22. a. MOTION TO ACCEPT Affidavits of Publication, Mailing and Posting for Temp. Ord. #1533. Petition #13-Z-91. b. MOTION TO ADOPT Temp. Ord. #1533 on first reading concerning a request by the CITY OF TAMARAC to rezone the southwest corner of Rock Island Road and Bailey Road from County RM-25 (Planned Apartments) to City R-4A (Planned Apartments) to conform to the Broward County Land Use Plan and City of Tamarac Code of Ordinances. Petition #13-Z-91. SYNOPSIS OF ACTION: ACCEPTED 22. a. APPROVED 22. b. on first reading. Public Hearing held. Second reading and Public Hearing will be held on April 10, 1991 at 7:30 p.m. 22. a. C/M Schumann MOVED to ACCEPT Affidavits, SECONDED by C/M Katz. VOTE: ALL VOTED AYE 22. b. City Attorney Ruf read Temp. Ord. #1533 by title. C/M Katz MOVED to APPROVE Temp. Ord. #1533, SECONDED by C/M Schumann. Ms. Carpenter said the applicant is the City of Tamarac for a request to rezone from County RM-25 to City R- 4A. She said this is the Gate I, II, and III Condominiums, 11.36 acres and it is developed but not platted. She said it is at the southwest corner of Rock Island Road and Bailey Road. She said these were annexed in 1988 and would be subject to the same non-conforming and rebuilding requirements discussed in the previous items. She said the Planning Commission and Staff recommend approval. VOTE: ALL VOTED AYE 23. a. MOTION TO ACCEPT Affidavits of Publication, Mailing and Posting for Temp. Ord. #1535. Petition #16-Z-91. b. MOTION TO ADOPT Temp. Ord. #1535 on first reading concerning a request by LEADERSHIP HOUSING, INC., to rezone lands east of Nob Hill Road, 315-feet north of Commercial Boulevard, from A-5 (Agriculture/Excavation) to B-2 (Planned Community Business) to conform to the Broward County Land Use Plan. Petition #16-Z-91. * The applicant has requested that Item #23 be tabled to * the April 10, 1991, City Council meeting at 7:30 P.M. SYNOPSIS OF ACTION: TABLED to April 10, 1991 City Council meeting at 7:30 p.m. at the request of the applicant. 23.a.& b. C/M Schumann MOVED to TABLE, SECONDED by V/M Bender. Ms. Carpenter said the City received a letter from Susan Motley of Ruden, Barnett as agent for Leadership Housing requesting a deferral to 7:30 p.m. on April 10, 1991 for Items 23, 24, 25 and 26. She said Staff does not object to the tabling. VOTE: ALL VOTED AYE 24. a. MOTION TO ACCEPT Affidavits of Publication, Mailing and Posting for Temp. Ord. #1536. Petition #17-Z-91. b. MOTION TO ADOPT Temp. Ord. #1536 on first reading concerning a request by LEADERSHIP HOUSING, INC., to rezone a 2.202 acre parcel on the northeast corner of McNab Road and the Sawgrass Expressway from R-3U (Row House) to B-1 (Neighborhood Business) to conform to the Broward County Land Use Plan. Petition #17-Z-91. * The applicant has requested that Item #24 be tabled to * the April 10, 1991, City Council meeting at 7:30 P.M. SYNOPSIS OF ACTION: TABLED to April 10, 1991 City Council meeting at 7:30 p.m. at the request of the applicant. 24.a.& b. C/W Glasser MOVED to TABLE, SECONDED by C/M Schumann. VOTE: ALL VOTED AYE 25. a. MOTION TO ACCEPT Affidavits of Publication, Mailing and Posting for Temp. Ord. #1537. Petition #18-Z-91. b. MOTION TO ADOPT Temp. Ord. #1537 on first reading concerning a request by LEADERSHIP HOUSING, INC., to rezone a 6.331 acre parcel between the Sawgrass Expressway and NW 108 Terrace, north of McNab Road, from R-3U (Row House) and I-1 (Institutional/Educational) to R-4A (Planned Apartments) to conform to the Broward County Land Use Plan. Petition #18-Z-91. * The applicant has requested that Item #25 be tabled to * the April 10, 1991, City Council meeting at 7:30 P.M. SYNOPSIS OF ACTION: TABLED to April 10, 1991 City Council meeting at 7:30 p.m. at the request of the applicant. 25.a.& b. C/M Schumann MOVED to TABLE, SECONDED by V/M Bender. VOTE: ALL VOTED AYE 26. a. MOTION TO ACCEPT Affidavits of Publication, Mailing and Posting for Temp. Ord. #1538. Petition #19-Z-91. b. MOTION TO ADOPT Temp. Ord. #1538 on first reading concerning a request by LEADERSHIP HOUSING, INC., to rezone a 1.838 acre parcel between the Sawgrass Expressway and NW 108 Terrace, 1347-feet north of McNab Road, from R-3U (Row House) and I-1 (Institutional/Educational) to RM-10 (Planned Apartments) to conform to the Broward County Land Use Plan. Petition #19-Z-91. * The applicant has requested that Item #26 be tabled to * the April 10, 1991, City Council meeting at 7:30 P.M. SYNOPSIS OF ACTION: TABLED to April 10, 1991 City Council meeting at 7:30 p.m. at the request of the applicant. 26.a.& b. C/W Glasser MOVED to TABLE, SECONDED by V/M Bender. VOTE: ALL VOTED AYE END OF PUBLIC HEARINGS CONSENT AGENDA 4. Items listed under Consent Agenda, Item 4, are viewed to be routine and the recommendation will be enacted by ONE MOTION in the form listed below. If discussion is desired, then the item(s) will be removed from the Consent Agenda and will be considered separately. City Clerk a. MOTION TO APPROVE the minutes of the 3/13/91 City Council meeting. SYNOPSIS OF ACTION: APPROVED c. 1. MOTION TO ADOPT Temp. Reso. #6017 transferring a special use exception to permit the operation of a restaurant from Streb's Seafood and Steakhouse Restaurant to Rascals III Restaurant in Building 1 of the GARDEN MALL at 7111 W. Commercial Boulevard. Petition #23-Z-91 2. MOTION TO ADOPT Temp. Reso. #6018 transferring a special use exception to permit on-premises consumption of alcoholic beverages from Streb's Seafood and Steakhouse Restaurant to Rascals III Restaurant in Building 1 of the GARDEN MALL at 7111 W. Commercial Boulevard. Petition #23-Z- 91 RESOLUTION R-91-51-PASSED SYNOPSIS OF ACTION: RESOLUTION R-91-52-PASSED APPROVED c. 1. & 2. Engineering/Utilities d. 1. MOTION TO ADOPT Temp. Reso. #6012 releasing performance Letter of Credit #88-080101 in the amount of $44,626.00 posted for public improvements at the MISSION LAKES project. 2. MOTION TO ADOPT Temp. Reso. #6013 accepting a Partial Subordination of Encumbrance to Property Rights offered by Flagler Federal Savings & Loan Association for the MISSION LAKES project. 3. MOTION TO ADOPT Temp. Reso. #6014 accepting a 20-foot Tamarac Utilities West Water and Sewer Utility Easement offered by Mission Lakes Condominium Association, Inc., for the MISSION LAKES project. RESOLUTION R-91-53-PASSED RESOLUTION R-91-54-PASSED SYNOPSIS OF ACTION: RESOLUTION R-91-55-PASSED APPROVED d. 1., 2. & 3. General Administrative e. MOTION TO ACCEPT a $25.00 donation from the WGS Foundation for funding of a Social Services van. SYNOPSIS OF ACTION: APPROVED f. MOTION TO ACCEPT a $100.00 donation from Judy and Phil Yacobellis and Sons in honor of their late son, Frank, to purchase a park bench for City staff and employees. SYNOPSIS OF ACTION: APPROVED C/M Schumann MOVED to APPROVE the Consent Agenda with the exception of Item 4. b., SECONDED by V/M Bender. VOTE: ALL VOTED AYE Community Development 4. b. MOTION TO APPROVE a waiver to Section 24-634(a) of the Code to allow barbed wire for the fence along the rear property line only at the Tamarac Paint and Body Shop, 3800 NW 49 Street. SYNOPSIS OF ACTION: **REMOVED for Discussion on Page 1, then APPROVED with the condition **that if barbed wire is placed on the fence along the rear property **line, the fence must be 7 feet high with barbed wire a maximum of 12 **inches high on top. C/M Katz said the Code allows for a waiver for a maximum height of up to 8 feet. He said he spoke with Ms. Carpenter who said the existing rear fence is at 6 feet. He said he feels it presents a danger to have barbed wire at the 6 feet height. He recommended that if the waiver were approved, that there be a maximum of 12 inch barbed wire above a 7 foot fence which does not make it accessable. Ms. Carpenter asked if C/M Katz wants the owners to increase the height of the rear fence from 6 feet to 7 feet and add the barbed wire on top and C/M Katz said, yes. Ms. Carpenter said the applicant is in agreement. C/M Katz MOVED to APPROVE the waiver after increasing the height of the fence at the rear of the property to 7 feet and a maximum of 12 inch barbed wire be added above the 7 foot to a maximum of what the waiver allows at 8 feet in height, SECONDED by V/M Bender. VOTE: ALL VOTED AYE CONSIDERATIONS City Council 5. MOTION TO APPOINT a member to the Broward County Solid Waste Disposal Service Technical Advisory Committee. SYNOPSIS OF ACTION: Irving Katz was appointed by Mayor Abramowitz. Mayor Abramowitz said he appointed C/M Irving Katz to that Committee. Community Development 6. MOTION TO APPROVE a delegation request to waive all development fees associated with installing (permitting) a sidewalk and retaining wall at 5800 N. University Drive (MAINLANDS CENTER) by Broward County Engineering Division. SYNOPSIS OF ACTION: APPROVED C/M Schumann MOVED to APPROVE Item 6, SECONDED by C/W Glasser. Ms. Carpenter said the Florida Department of Transportation has approved plans which were prepared by the Broward County Engineering Division to proceed with the installation of a 5 foot sidewalk and retaining wall along University Drive, north of NW 58 Street at the Mainlands Center. She said there are five mature mohoghany trees on the site. She said the City tried to save the trees at that location for the past year to have the County place the sidewalk in a different location. She said the County is placing the sidewalk as close to the FDOT standard as possible. Ms. Carpenter said this delegation request requires the City waive the fees for a revised site plan for revised schematic engineering for tree removal permits which they granted themselves. She said FDOT has requested that these fees for the building permit and the owners acceptance of plans be waiverd in order to put this sidewalk in. She said the Planning Department generally recommends against the waiver of fees which has been standard policy; however, she does not know what the County's policy has been towards the City with respect to allowing the City to waive permits. Ms. Carpenter said Mr. Cassas, owner of the trees has presented a letter requesting that the trees be donated to the City and the City would be planning to put them in back. She said they are mature mohoghany trees and the County has agreed to root and prune them and if they live, the City will have mature mohoghany trees to place on the City property. She said they will also be planting King Palms. C/M Katz asked what happens if the City does not agree to this waiver of fees. City Manager Kelly said they must pay the fee or the work will not be done. C/M Schumann asked if the County will be underwriting the cost and City Manager Kelly said that is what the fee is for. VOTE: ALL VOTED AYE Public Works Department 7. a. MOTION TO APPROVE final payment in the amount of $750.00 to Scharf & Associates, Inc., for basic services for the MULTI- PURPOSE CENTER project. b. MOTION TO APPROVE partial release of retainage in the amount of $130,595.16 to Toro Engineering & Construction Corp. for the construction of the MULTI-PURPOSE CENTER project; a balance of $40,347.57 remains to be paid on this contract. SYNOPSIS OF ACTION: APPROVED 7. a. & b. 7. a. C/M Katz MOVED to APPROVE Item 7.a., SECONDED by C/M Schumann. Mike Couzzo, Director of Public Works, said this is the final payment fee for the architectural engineering services on the Multi-Purpose Center. He said the final payment is normally brought to Council for consideration and action. He said the project is complete and all final inspections have been made. He said there are a few minor contractor items to be resolved but do not pertain to Item 7.a. City Manager Kelly said on projects that are under $50,000, the final payment goes on the Consent Agenda; however, when it is over the $50,000, it is presented to Council. VOTE: ALL VOTED AYE 7. b. C/M Schumann MOVED to APPROVE Item 7.b., SECONDED by C/M Katz. Mr. Couzzo said this project is substantially complete. He said the major lump sum being recommended for payment will reduce the retainage to under 10%; however, there is $40,000 that will have to be paid to the contractor for any remaining items which are very minor. Mayor Abramowitz said he wants to be sure that there is enough money to pay for any problems that may come up. Mr. Couzzo said the facility has been fully inspected by the Building Department. He said the major items are under warranty and would be covered under the warrany provisions. C/M Katz recommended that in the event that the size of the retainage be released, if there is no warranty bond issued for the duration of the warranty, he would like one issued. He said this is a guarantee to the City that the warranty will be taken care of. Mr. Couzzo said the City would have to speculate on what might go wrong and cover that under the warranty and rebond to guarantee the warranty. Mayor Abramowitz asked if $40,000 will be enough money. Mr. Couzzo said Mr. Kuhl of Scharf and Associates has sent the recommendation for the release of the payment. Gary Kuhl, Vice President of Scharf and Associates, said the contractor has a one year warranty which is bonded by his bonding company for this project. He said to withhold $40,000 beyond the point that he has completed this project would be unreasonable. V/M Bender asked if the City has possession of all the warranty documents and Mr. Couzzo said, yes. VOTE: ALL VOTED AYE 8. a. MOTION TO APPROVE Change Order #13 to the contract with Caldwell-McKnight Construction Company in the amount of $1,651.00 to provide power and water rough-ins for the PUBLIC SERVICE ADMINISTRATIVE COMPLEX. b. MOTION TO APPROVE Change Order #14 to the contract with Caldwell-McKnight Construction Company in the amount of $2,542.00 to install the cable transmission can in the transformer by FP&L for the PUBLIC SERVICE ADMINISTRATIVE COMPLEX. c. MOTION TO APPROVE Change Order #15 to the contract with Caldwell-McKnight Construction Company in the amount of $2,464.00 to provide a wall separate from the fuel island canopy to mount the fire alarm pull station and emergency shut-off station which cannot be located within the roof area for the PUBLIC SERVICE ADMINISTRATIVE COMPLEX. d. MOTION TO APPROVE Change Order #16 to the contract with Caldwell-McKnight Construction Company in the amount of $202.00 to eliminate the wall between offices 162 and 163 as requested by the Engineering/Utilities Department for the PUBLIC SERVICE ADMINISTRATIVE COMPLEX. e. MOTION TO APPROVE payment in the amount of $459.00 to Scharf & Associates for architectural expenses to cover Change Orders #13, #14, #15 and #16 for the PUBLIC SERVICE ADMINISTRATIVE COMPLEX. SYNOPSIS OF ACTION: APPROVED 8. a., b., c., d. & e. 8. a. C/M Schumann MOVED to APPROVE Item 8.a., SECONDED by C/M Katz. Mr. Couzzo said discussion was held in the past regarding the possibility of installing an additional utility shed in the far west section of the project to accommodate some of the maintenance functions. He said this would be to provide the conduit and rough-ins to provide water and electricity so that in the future, if it should be considered, it will be on the site. VOTE: ALL VOTED AYE 8. b. C/M Schumann MOVED to APPROVE Item 8.b., SECONDED by C/M Katz. Mr. Couzzo said in the backup there is a letter from the architect which gives a description of Change Order 14. He said it downsizes the electical voltage to the project so that it can be metered. He said it was originally planned to be done in FP&L's cabinet; however, it cannot be done that way and the City will have to absorb the cost. VOTE: ALL VOTED AYE 8. c. C/W Glasser MOVED to APPROVE Item 8.c., SECONDED by C/M Schumann. Mr. Couzzo said this is a required part of this project. He said the project was bid out with a predesigned fuel island and was changed to a pre-engineered fuel island which is done at the factory and then put in which saved $17,000 by doing so. He said at the time, Staff was unsure whether the emergency shut off panels could be located within the pre-engineered area; however, Staff cannot and needs to have an exterior panel. C/M Katz said he feels that the administrative decisions made by the Construction Manager at the time were poor and some of these items could have been done if they were on the original set of specifications at no cost to the City. He suggested that in the future these situations be taken into consideration. Mayor Abramowitz said the Sonstruction supervisor, in order to justify his $100,000 fee, took a current contract and renegotiated it down by removing many portions of the contract. He said as the project was being done, these removed items had to be readded, which resulted in these Change Orders. VOTE: ALL VOTED AYE 8. d. C/M Schumann MOVED to APPROVE Item 8.d., SECONDED by C/M Katz. Mr. Couzzo said this is a request by the Engineering Department that a wall that was in the original plans be removed so that a more efficient operation can be available. He said there was some mechanical and electrical work done that had to be revised to accommodate the elimination of the wall resulting in the $202.00 cost. VOTE: ALL VOTED AYE 8. e. C/M Katz MOVED to APPROVE Item 8.e., SECONDED by C/M Schumann. Mr. Couzzo said this is to cover the previous Change Orders and in the agreement with the architectural engineering firm, the contract stipulates that they get a percentage on the Change Orders and this represents the percentage change. VOTE: ALL VOTE AYE 9. a. MOTION TO APPROVE the Selection Committee's ranking of the architectural/engineering firms interviewed in connection with Expression of Interest #90-1 as follows: 1. Robert Walters Architects 2. Scharf & Associates, Inc. 3. Twenty-First Century Engineering Corporation b. MOTION TO APPOINT a Negotiating Committee to negotiate a contract for future Council consideration with the #1 ranked firm or, if required, the #2 or #3 ranked firm; the Negotiating Committee will consist of the following: 1. John P. Kelly, City Manager 2. Michael R. Couzzo, Assistant City Manager/Director of Public Works 3. Kelly Carpenter, Director of Community Development 4. Robert Foy, Director of Utilities/Engineering 5. Mary Blasi, Finance Director SYNOPSIS OF ACTION: TABLED Items 9. a. & b. for a workshop meeting. C/M Katz MOVED to TABLE Items 9.a. and 9.b. for discussion at a workshop meeting for negotiating with the top two negotiating firms on a rotating and/or availability basis. Mayor Abramowitz said a suggestion was made that the City negotiate with the top two firms. He said Scharf and Associates have done a lot of work for the City in lieu of paying a Construction Manager. He said the three big projects which have been monitored by Scharf and Associates have come in on time and under budget. He said the Selection Committee was very impressed by the presentation of Robert Walters and he feels it is very difficult to second guess Staff. He said he feels this suggestion is a good one. V/M Bender suggested that those ranked in positions one and two should be considered as the negotiating firms. C/M Katz said he will hold his Motion in abeyance until Item 9.b. is read. TAPE 5 C/W Glasser requested a tabling of Item 9.a. to allow for discussion of how this decision was derived. C/W Glasser MOVED to TABLE Item 9.a., SECONDED by C/M Schumann. VOTE: C/M Katz - NAY C/M Schumann - AYE C/W Glasser - AYE V/M Bender - AYE Mayor Abramowitz - AYE 9. b. V/M Bender MOVED to APPOINT the Negotiating Committee to negotiate the contract for future Council consideration with the number 1 and 2 ranked firms, SECONDED by C/M Katz. City Manager Kelly said the City is required to go through competitive negotiations by the Competitive Negotiations Act to select architects and engineers to provide work to the City. He said the City is looking to provide for a retainer-only type contract for continuing services. He said Staff is not asking for the architect or engineering firm that is selected to do any specific project at present. City Manager Kelly said this is a process to secure a firm at a retainer-only service basis. He said the fees would be negotiated and as the projects come up, the firm selected would be contacted to do the work. He said the City would not have the time to go through the competitive negotiations process every time there is a small project to be accomplished. He said he feels this would save Staff time, advertising dollars and facilitate more grant applications with a firm that is available in an on-call basis. City Manager Kelly said funding has not been budgeted for any project at present and there will be no monies incurred until such time as Council makes the funds available or until Staff is directed to locate the funds. He said the procedure which is being done allows the City to have a continuing contract whereby the firm provides professional services to the City for projects in which construction costs do not exceed $500,000 and, when it is for a professional study service, it would not exceed $25,000. He said anything higher would need to be advertised for the purpose. City Manager Kelly said the contract would provide for a termination clause on the retainer service. He said the Competitive Negotiations Act requires that when priority recommendations are made, the next step would be for Council to authorize Staff to negotiate with the firms in order of priority for the purpose not being able to come to terms with the number one selection, then terms would be negotiated with the number two selection and then the third. He said the recommendation has been made that the City negotiate with the first two firms and use them on a rotating basis. He said he is concerned that this not be perceived as competitive bidding. City Manager Kelly said both firms will be aware of the negotiating terms of the other firm; therefore, it would be unlikely that there would be much of a differential. He said he feels it should be established and recognized that this would be rotated in an on-call basis so there will be no competition involved. Mayor Abramowitz said he feels that an affirmative vote will state that Council is telling Staff that they must negotiate with these two firms. City Manager Kelly said he understands that Council feels that there are two number one firms. He said if the City cannot come to terms with one of those firms, then the City needs to be able to contact the other firm for negotiations. Mayor Abramowitz said he agrees with dealing with the top two firms. He said he does not want any improprieties and does not want to tie Staff's hands if another firm is better. C/M Katz said this is to access a letter of intent from these two firms and negotiating a retainage contract. He said this can be reopened for proposals for services. City Manager Kelly said he does not feel comfortable approving Item 9.b. when Item 9.a. was tabled. C/W Glasser said she does not see any problem with some competition between two firms in the current budget process. She asked how a bargaining process can be done otherwise. City Manager Kelly said prices are not bargained in competitive negotiations. He said the Committee is selected and during the selection process, it is not permitted to discuss prices. He said when Council agrees that these firms are selected, then prices may be discussed. Mr. Couzzo said it was the intent of Staff to do this to save money and time because there are a variety of projects that are on going and the Competitive Negotiations Act requires going through this laborious task to get an architect or engineering firm. He said in an effort to expedite some of the projects, Staff wanted to do this on a term. He said the City does have some projects that need attention in a rather quick fashion. He said one of them is the restroom facility at the Sports Complex on 77 Street and Nob Hill Road. He said the funding is there to do this work and the need is definitely there. He said there are pending projects that will need to be addressed in the near future. He requested that Council meet for this discussion as soon as possible to allow the time to address these needs. Robert Walters, owner of Robert Walters Architects, Inc., said the procedure went about with an RFP and probably 25 or 30 architectural engineering firms would apply. He said his clients include the Cities of North Lauderdale, Coral Springs and Coconut Creek. He said this is a standard procedure. He said once short listed, they met with the City Staff. He said there were several projects that were outlined to the firms that would possibly be considered in the City in the next couple of years. He said his firm was ranked number one and Scharf and Associates was ranked number two because his firm showed their experience in those specific projects such as restrooms, concession stand areas, fire station renovation and community centers. He said his firm had a track record of these types of projects coming in on or under budget and not with a lot of change orders. Mr. Walters said this is a long, drawn out process which began many months prior to the presentations. He said if this were approved to begin negotiations in lieu of the tabling, it would still be two months before a contract. He said this process is to aid Staff in being ready not to spend months in hiring the architect to do the work. He said the Competitive Negotiations Act mandates these firms to be ranked on qualifications, quality, professional experience and references. He said these firms charge approximately the same fees. C/W Glasser MOVED to TABLE Item 9.b. for further discussion, SECONDED by C/M Schumann. VOTE: C/M Schumann - AYE C/W Glasser - AYE V/M Bender - AYE C/M Katz - NAY Mayor Abramowitz - AYE RESOLUTIONS Public Works Department 10. MOTION TO ADOPT Temp. Reso. #6015 approving submittal of a Letter of Security from the City to Broward County to cover the amount of $6,394.00 for improvements within the County right-of- way for the right turn lane on NW 71 Place at Nob Hill Road. SYNOPSIS OF ACTION: RESOLUTION R-91-56-PASSED APPROVED City Attorney Ruf read Temp. Reso. #6015 by title. C/M Schumann MOVED to APPROVE Temp. Reso. #6015, SECONDED by C/M Katz. VOTE: ALL VOTED AYE 11. MOTION TO ADOPT Temp. Reso. #6016 approving a maximum two month additional rental for the temporary Fleet Maintenance Facility at 7407-7409 NW 88 Avenue at a monthly cost of $2,000.00. SYNOPSIS OF ACTION: RESOLUTION R-91-57-PASSED APPROVED City Attorney Ruf read Temp. Reso. #6016 by title. V/M Bender MOVED to APPROVE Temp. Reso. #6016, SECONDED by C/M Katz. Mr. Couzzo said the lease expires in May, 1991 and Staff will need one more month until the Public Service Administrative Complex to be completed. V/M Bender asked how much time $2,000.00 pays for. Mr. Couzzo said $2,000.00 covers the period of one month. He said this will be paid only if it is needed. VOTE: ALL VOTED AYE REPORTS 28. City Council C/M Schumann - No report. C/M Katz referred to Item 2 on the Agenda. He said Section 6.03 of the City Charter relative to Redistricting states that the decision of the Redistricting Committee is final. He said he feels this is illegal and will not subordinate his right to legislate to an appointed committee. He said Council was elected to legislate and he does not feel that their word should be final. He said in researching the Ordinance for the Referendum in 1984, the wording was changed so that instead of allowing approval of the City Council and the Charter Board at a joint meeting, this was changed to allow the last word to be given to this lay Committee. He said he feels the City should get the opinion of the Attorney General regarding this matter. C/M Katz said he would like the City Clerk to advertise for the volunteer Boards and Committees. He said he would like to see qualified people making applications for these positions. Mayor Abramowitz said he feels there are many things in the Charter that are incorrect. He asked if the City is mandated to follow the Charter if the Charter specifies and addresses a situation. City Attorney Ruf said the final results must be accomplished within 180 days. Mayor Abramowitz said he feels Council must make the appointment within 45 days. City Attorney Ruf said he understands that C/M Katz has no objection to moving forward in this manner; however, he will research whether or not the Legislative branch could, by Charter, designate the final decision to an appointed Board. He said if there is a consensus among Council to seek such an opinion, he would do so. CONSENSUS OF OPINION: ALL AGREED City Attorney Ruf said there has been a significant change in the way the Attorney General responds. He said when a question is asked, the Attorney General's Office writes back requesting the item be legally briefed and then the decision will be made. C/M Katz requested an expression of interest from Council regarding Council writing legislation that would direct the Purchasing Department through the City Council to buy American whenever possible in the attempt to save American jobs. EXPRESSION OF INTEREST: ALL AGREED C/W Glasser said there is no money coming from Tallahassee in this session. She requested a form to be a lobbyist for the City of Tamarac. She said there is no cost to the City to register. V/M Bender - No report. Mayor Abramowitz - No report. 29. City Manager City Manager Kelly said the City saved $25,000.00 from the Broward Sheriff's Office. He said Judy Kitograd has resigned as Youth Counselor to go into private practice. He said her services were part of the existing contract with Broward Sheriff's Office. He said the contract states that when one of the services will not be rendered, the City will be compensated for it. He said the City will adhere to the existing contract and Mike Woodruff will cut a check to the City for approximately $22,000.00 for the balance of the year for Ms. Kitograd's services. City Manager Kelly said there was a disagreement over the lease of the Police facility and, by the terms of the contract, they would be paying the City commenrate with the increase to the service agreement. He said in challenging this portion of the contract, a check will be forthcoming to the City from BSO in the amount of approximately $3,600.00. Mayor Abramowitz expressed his appreciation for the painting of the letters designating "Tamarac City Hall" in the front of the building. With no further business, Mayor Abramowitz ADJOURNED this meeting at 12:30 p.m. NORMAN ABRAMOWITZ MAYOR CAROL A. EVANS CITY CLERK "This public document was promulgated at a cost of $289.95 or $6.44 per copy to inform the general public, public officers and employees of recent opinions and considerations of the City Council of the City of Tamarac." 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