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HomeMy WebLinkAbout1993-03-10 - City Commission Regular Meeting MinutesCity Council Regular Meeting 03/10/93/PP Page 1 CITY OF TAMARAC CITY COUNCIL REGULAR MEETING WEDNESDAY, MARCH 10, 1993 CALL TO ORDER: Mayor Bender called the meeting to order on Wednesday, March 10, 1993, at 7:00 P.M. in Council Chambers of Tamarac City Hall, 7525 Northwest $$th Avenue, Tamarac, Florida. PLEDGE OF ALLEGIANCE:_ Mayor Bender called for the Pledge of Allegiance. Mayor H. Larry Bender vice Mayor Henry Schumann Councilman Norman Abramowitz Councilman Irving Katz Councilman Joseph Schreiber ALSO PRESENT: John P. Kelly, City Manager Mitchell S. Kraft, City Attorney Carol A. Evans, City Clerk Phyllis Polikoff, Secretary INTRODUCTION 1. a. ANNOUNCEMENT of the expiration of the terms of office for positions on the PLANNING COMMISSION. If any Tamarac .resident is interested in serving on this commission, please contact the office of the City Clerk for an application. if existing board and committee members desire to be considered for reappointment, please indicate this by memo to the City Clerk's office. Present commission members shall continue to serve until appointments are made by Council. SYNOPSIS OF ACTION Mayor Bender made the announcement. b. PRESENTATION by Mayor Bender of a proclamation designating March, 1993, as "PURCHASING MONTH". SYNOPSIS OF ACTION: Mayor Bender said Proclamation would be mailed. 2. 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. John Lederman, President of the Tamarac Jaycees, voiced his comments concerning the carnival and a requested Proclamation. He played a recording of a conversation made by Mayor Bender's Secretary who suggested Mr. Lederman speak directly with City Manager Kelly. Mayor Bender refuted statements made by Mr. Lederman and advised he did not support the representation of the Jaycees. City Council Regular Meeting 03/10/93/PP Page 2 Paul Swiech, City employee, congratulated C/M Katz and C/M Schreiber on their reappointments and asked to be agendized for a Public Hearing. Terry Hobmeier, Isles of Tamarac, congratulated the two Councilmen on their reappointments and expressed her concerns regarding drainage at the Isles of Tamarac, speed -limit signs on Northwest 71st Place by Clairmont/Kings Point and the overhead sign by Pine Island Road and Commercial Boulevard is missing letters. 3. Items listed under Consent Agenda, Item 3, 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. a. 1. MOTION TO ADOPT Temn_ Reso. #6446 opposing regulation of water and wastewater systems by the Public Service Commission. S„X,OPSIS OF ACTION; RESOLUTION R-93-18-PASSED APPROVED 2. MOTION TO APPROVE City Manager to attend the National Hurricane Conference from April 13 through April 16, 1993 in Orlando, Florida. SYNOPSIS F ACTION APPROVED b. MOTION TO APPROVEi the minutes of the following City Council meetings: 1. 2/18/93 - Special Meeting ,•s • 41WAGY 0•� C. MOTION TO MERM a model sales permit, waiver of the 300-foot distance separation from occupied units, and waiver of ten (10) parking spaces for GRANVILLE I Building, Units 208 and 214, for a period of six --months from 3/10/93 to 9/10/93. Nr d. MOTION TO ADOPT TemR. Rgso, #6447 releasing warranty Letter of Credit #32780 in the amount of $7,636.25 posted by FIRST UNION NATIONAL BANK OF FLORIDA for the curbing around the median in NW 80 Street. SYNOPSIS OF ACTIONS RESOLUTION R-93-19-PASSED APPROVED 1 1 City Council Regular Meeting 03/10/93/PP Page 3 C/M Schreiber MOVED to APPROVE Consent Agenda Item 3, SECONDED by VIM Schumann. VOTE: ALL VOTED AYE blin Services Department 4. a. to the contract with Chaz Equipment Co., Inc., increasing the scope of work by a total amount of $11,333.84, the cost of which will be shared equally between the City of Tamarac and Coral Springs Improvement District and also to approve a contract time extension of 120 days for TUW Project 90-04, City of Tamarac/Coral Springs Improvement District 12-Inch Potable Water Supply Interconnect; the new contract price for Tamarac is $62,517.18 and the new contract completion date is April 25, 1993. SYNOPSIS F ACTION APPROVED City Manager Kelly said Staff was concerned about the Change Order amount and the water supply interconnect but Staff's concerns were remedied. C/M Schreiber MOVED to APPROVE Item 4.a., SECONDED by C/M Abramowitz. VOTE: ALL VOTED AYE b. NOTION TO APPROVE the transfer of $5,667 from TUW Contingency Account 425-371-588-975 to TUW Project 90-04, 12-Inch Water Supply Interconnect, Account 425-364-533-6HD to fully fund Tamarac's portion of Change Order #1 to this project. SYNOPSIS OF ACTION: APPROVED C/M Schreiber MOVED to APPROVE Item 4.b., SECONDED by C/M Abramowitz. After discussion, it was agreed to round out the amount of the transfer to $5,667. VOTE: ALL VOTED AYE 5. MOTION TO ADOPT T mR. Reso. #6448 approving waiver of the provisions of the sign code requested by ABC Carpets (HOPKINS PLAT), 7875 W. Commercial Boulevard, to allow a second sign on the east side of the building. SYNOPSIS F ACTION• RESOLUTION R-93-20-PASSED APPROVED to allow a 50 foot second sign on the east side of the building that duplicates the primary sign. City Attorney Kraft read Temp. Reso. #6448 by Title. C/M Katz MOVED to APPROVE Temp. Reso. #6448, SECONDED by C/M Schreiber. City Council Regular Meeting 03/10/93/PP Page 4 Mr. Kelly said the second sign was denied because it did not meet the Sign Ordinance. There was discussion about where the free-standing sign faced and if the original sign complied with the Code. Dan Wood, Chief Building Official, said the sign faced Commercial Boulevard and it complied with the Code. C/M Abramowitz suggested scheduling a Workshop to revise the Sign I Ordinance. VOTE: ALL VOTED AYE 6. MOTION TO ADOPT Temp, Rg2g. #6449 establishing a fee for the review of site development plans by the City's outside traffic consultant. SYNOPSIS OF ACTION: TABLED until after the Public Hearings (See Page 9 for Final Action) City Attorney Kraft read Temp. Reso. #6449 by Title. Kelly Carpenter, Director of Community Developer, suggested waiting until Item 11 was discussed. C/M Abramowitz MOVED to TABLE until after Item 11 was discussed, SECONDED by C/M Schreiber. VOTE: ALL VOTED AYE 7. a. MOTION TO ADOPT Temp. Reso. #6439 approving a plat entitled LOMBARDY REPLAT. SYNOPSIS Qr ACTION; RESOLUTION R-93-22--PASSED APPROVED City Attorney Kraft read Temp. Reso. #6439 by Title. C/M Katz MOVED to APPROVE Temp. Reso. #6439, SECONDED by V/M Schumann. Ms. Carpenter read the Findings of Fact and said the final plat was previously APPROVED and the Planning Commissioners APPROVED the request on February 17. VOTE: ALL VOTED AYE b. MOTION TO ADOPT T,gmp. Reso. #6440 approving a site plan for the LOMBARDY project located on the northwest corner of Nob Hill Road and NW 80 Street. TABLED at the request of the Director of Community Development due to a question concerning the Water and Sewer Developers Agreement. City Attorney Kraft read Temp. Reso. #6440 by Title. C/M Katz MOVED to APPROVE Item 7.b., SECONDED by V/M Schumann. Ms. Carpenter said Staff requested REMOVAL of Temp. Reso. #6440 regarding the Sewer and Developer's Agreement. C/M Abramowitz MOVED to TABLE Item 7.b. at Staff's request, SECONDED by C/M Schreiber. VOTE: ALL VOTED AYE City Council Regular Meeting 03/10/93/PP Page 5 8, approving a revised site plan for MIDWAY PLAZA reflecting construction of a 4,100 S.F. building (a 2,800 S.F. restaurant with one drive-thru and a 1,300 S.F. bank with two drive--thru's), revised landscaping and on -site vehicular circulation. SYNOPSIS QF ACTION TADLED at the request of the Director of Community Development due to a question concerning the Water and Sewer Developers Agreement. City Attorney Kraft read Temp. Reso. #6441 by Title. Ms. Carpenter said Staff requested REMOVAL of Temp. Reso. #6441 regarding the Sewer and Developers Agreement. C/M Abramowitz MOVED to TABLE Item 8, SECONDED by C/M Schreiber. There was discussion about whether Item 8 had to be readvertised. VOTE: ALL VOTED AYE Mayor Bender OPENED the Public Hearing Portion of the Meeting. Community Development_ 9. PUBLIC HEARIN - MOTION TO AD PT T m R 4 7 concerning a request by Pulte Home Corporation for a limited parking waiver to allow the use of a parking aisle as the principle means of on -site vehicular circulation for the LAND SECTION 6 NORTH PLAT located on the southeast corner of the Sawgrass Expressway and Southgate Boulevard. Petition #3-Z-93 SYNOPSIS OF ACTION: RESOLUTION R-93-23-PASSED PUBLIC Hearing was Held. APPROVED with condition that it is only effective with the Council's future site plan approval incorporating measures to slow down traffic on internal traffic aisles. City Attorney Kraft read Temp. Reso. #6437 by Title. C/M Katz MOVED to APPROVE Temp. Reso. #6437, SECONDED by C/M Schreiber. Ms. Carpenter read the Findings of Fact and said the Planning Commissioners APPROVED the waiver and agreed there was a hardship. Discussion commenced on the parking waiver, the site plan and methods which might slow the traffic in the development. C/M Katz asked why the parking waiver was agendized before the site plan. Ms. Carpenter said that was the developer's option and discussion followed regarding the site plan. C/M Abramowitz asked for clarification of road and Ms. Carpenter said it was an internal driveway in a proposed townhouse sub- division. C/M Abramowitz recommended the inclusion of a stipulation that if the SITE PLAN was not APPROVED, the waiver would become null and void. C/M Schreiber expressed his objections to the configuration of the parking aisle. Mr. Hernandez said the site was very narrow and more pavement would mean less green areas. TAPE 2 Mayor Bender OPENED the Public Hearing portion of the Meeting. City Council Regular Meeting 03/10/93/PP Page 6 Terry Hobmeier, resident of Isles of Tamarac, asked where the ingress and egress roads would lead. Mr. Hernandez said one entrance was off Southgate Boulevard and the other would be off Northwest 108th Terrace. Albert Schultz, resident, asked the cost of the townhouses and Mr. Hernandez answered they were between $60,000 and $90,000. C/M Abramowitz asked Mr. Hernandez if he would declare the parking waiver null and void if the site plan was denied. Mr. Hernandez said, yes. C/M Schreiber expressed his thoughts regarding the site plan and the parking waiver. C/M Katz voiced his concerns about slowing down traffic in the development and requested his concern be included in the MOTION. Anthony Silvestri, resident of Lime Bay Condos, voiced his thoughts about backing out onto the internal roadway and he had no objections to the parking waiver. C/M Abramowitz MOVED to APPROVE the parking waiver subject to Council's future approval incorporating traffic measures to slow down the traffic on the internal driving aisle, SECONDED by C/M Katz. VOTE: ALL VOTED AYE 10. RUBLIC HEARING - concerning a request by Pulte Home Corporation for a limited parking waiver to allow parking bays with more than ten (10) car lengths without a forward means of egress for the LAND SECTION 6 SOUTH PLAT located on the northeast corner of the Sawgrass Expressway and McNab Road. Petition #4-Z--93 FINAL ACTION: RESOLUTION R-93-24-PASSED PUBLIC Hearing was held. APPROVED. Mr. Hernandez voluntarily stipulated that H.O.A. documents and sales brochures would state that internal streets were and will remain the responsibility of the development. City Attorney Kraft. read Temp. Reso. #6442 by Title. C/M Katz MOVED to APPROVE Temp. Reso. #6442., SECONDED by C/M Schreiber. Ms. Carpenter read the Findings of Fact and said the Planning Commissioners APPROVED the site plan and Staff was excited about the project. She added entrances would be at the rear of the townhouse and the Fire Department agreed to stabilized fire access around the units. Discussion was held regarding the driveways and C/M Schreiber asked if the parking waiver would allow more than 10 bays in a row. Mr. Hernandez answered, no. Eileen Frolich, resident of Isles of Tamarac, stated her concerns about traffic on Northwest 71st Place and McNab Road. Terry Hobmeier, resident of Isles of Tamarac, asked the number of bedrooms, where each townhouse faced and expressed her concerns about the major ingress and egress into the development. Mr. Hernandez said townhouses would have two or three bedrooms, the houses would not face the main roads and the main roads, Northwest 71st Place and Northwest 108th Terrace, were already in place. Mr. Schultz asked the cost of the townhouses. Mr. Hernandez said they were between $70,000 to over $100,000. [---I City Council Regular Meeting 03/10/93/PP Page 7 Anthony Grimaldi, resident of Sunflower-Heathgate, asked the total number of townhouses and would they be sold to families with children. Mr. Hernandez said the total was 144 townhouses and Ms. Carpenter said the school issue was addressed at the platting level. Mr. Kelly said the interior streets would be maintained by the development because they were not City streets and the sales brochures should contain a written statement to that effect. Mr. Hernandez agreed. C/M Schreiber expressed his concerns about the traffic on Northwest 71st Place and Northwest 108th Terrace. Ms. Carpenter said the Traffic Consultant stated there would be no problem through the year 2010. Mayor Bender CLOSED the Public Hearing portion on this item with no further discussion. C/M Katz's MOTION was AMENDED to incorporate statement from Timothy Hernandez, Vice President of Pulte Homes Corp., who voluntarily offered to include in sales brochures and H.O.A. documents, that interior streets were and would remain the responsibility of the development, SECONDED by C/M Schreiber. VOTE: ALL VOTED AYE 11. PUBLIC HEARING - MOTION TO ADOBE on second reading concerning a proposal by the City of Tamarac to amend Chapter 10 of the City Code to create a cost recovery system to recover costs incurred by the City's outside traffic consultant for review of development permits. Case #38-Z-92 SYNOPSIS OF ACTION: ORDINANCE 0-93-4-PASSED PUBLIC Hearing was held and APPROVED on Second and Final Reading. City Attorney Kraft read Temp. Ord. #1628 by Title. C/M Katz MOVED to APPROVE Item 11, SECONDED by C/M Abramowitz. Ms. Carpenter read the Findings of Fact and said the City had a Traffic Engineer on retainer to do studies and the Ordinance would require the developer pay for a traffic study. Mayor Bender OPENED and CLOSED the Public Hearing Portion of Item 11 with no further discussion. VOTE: ALL VOTED AYE 12. PUBLIC HEARING - MOTION TO ADOPT Temp. Ord. #1�24 on first reading concerning a request by Pulte Home Corporation to amend Chapter 24 of the City Code to revise the setbacks for zero lot line structures in RM-11 (Planned Apartment) Districts. Petition #1-Z-93 SYNOPSIS OF ACTION: PUBLIC Hearing was held and APPROVED on First Reading. City Attorney Kraft read Temp. Ord. #1634 by Title. C/M Katz MOVED to APPROVE Temp. Ord. #1634, SECONDED by C/M Schreiber. Ms. Carpenter read the Findings of Fact and said the text change would amend the Zoning lot -line Setback portion of the Code in the City Council Regular Meeting 03/10/93/PP Page 8 RM-10 Zone . She said changes were not proposed to the front or rear -yard setbacks for principle structures and the developer agreed to increase the minimum side -yard to 12 feet and that the Planning Commission recommended APPROVAL of the text change. C/M Abramowitz voiced his concerns about the text change and the setback. Ms. Carpenter said the developer applied for the text change and a variance regarding Land Section 8 and the Board of Adjustment APPROVED the variance. She added the variance would not apply to anything now or in the future zoned RM---10. Mr. Hernandez said the property was platted for 830 townhouses and he proposed a combination of 440 single-family and townhouses. TAPE 3 Mr. Hernandez asked for APPROVAL to have 10 foot side -yards on the non -zero side for homes with attached garages and he added there would also be homes with detached garages. C/M Katz said he believed there was not enough distance to turn into the garage. Mr. Hernandez disagreed. C/M Abramowitz said he was pleased with the concept and he asked if there was a problem with the zero lot line and the difference between 12 feet and 15 feet. Ms. Carpenter said, no. Mayor Bender OPENED the Public Hearing portion of the Meeting. Mr. Schultz asked why Item 12 indicated Planned Apartments, if the units were rented or sold and what did the cost. Ms. Carpenter answered Apartment District was the legal description in the Code and the units were sold. Mr. Hernandez said the homes would cost between $100,000 to $130,000. Mayor Bender CLOSED the Public Hearing portion of Item 12 with no further discussion. VOTE: ALL VOTED AYE 13. UBLIC HEARING - on first reading concerning a request by Pulte Home Corporation to change the use of land from commercial to low -medium residential (6 to 10 units per acre) for Parcel "C" of the LAND SECTION 8 PLAT located on the north side of Commercial Boulevard, east of Nob Hill Road. Petition #1-LUA-93 SYNOPSIS OF ---ACTION, PUBLIC Hearing was held and APPROVED on First Reading. City Attorney Kraft read Temp. Ord. #1635 by Title. C/M Katz MOVED to APPROVE Temp. Ord. #1635, SECONDED by V/M Schumann. Ms. Carpenter read the Findings of Fact and said the zoning change in Item 14 implemented Item 13. She added the developer owned the major portion of the commercial frontage on Commercial Boulevard and they intended to construct 470 single-family homes on Land Section 8. She mentioned flex units which represented the difference in densities between Broward County's and the City's Land Use Plan. She said the Planning Commission APPROVED the zoning request and Council APPROVED the developer's Delegation Request to change the face of the plat from commercial to residential. Mayor Bender OPENED the Public Hearing portion on Item 13. 1-1 1 City Council Regular Meeting 03/10/93/PP Page 9 Tony Casale, Greenhaven 12, voiced his concerns about traffic, noise, facilities for children, pollution, funds to pay for police services and the number and type of homes being built. C/M Abramowitz disagreed with the amount of homes and said all developers and builders paid school fees, Traffic and Parks and Recreation Impact Fees. Marvin Seidel, Kings Point, expressed his thoughts about future development in Land Section 7 and traffic on Nob Hill Road. Mr. Schultz said the apartments were for people with incomes less than $18,000 per year. V/M Katz disagreed. Mayor Bender CLOSED the Public Hearing portion of Item 13 with no further discussion. VOTE: ALL VOTED AYE 14. PUBLIC HEARING - MOTION TO on first reading concerning a request by Pulte Home Corporation to rezone Parcel "C" of the LAND SECTION 8 PLAT (located on the north side of Commercial Boulevard, east of Nob Hill Road) from B-2 (Planned Community Business) to RM-10 (Planned Apartments). Petition #2-Z-93 PUBLIC Hearing was held and APPROVED on First Reading. City Attorney Kraft read Temp. Ord. #1637 by Title. C/M Katz MOVED to APPROVE Temp. Ord. #1637, SECONDED by C/M Schreiber. Ms. Carpenter read the Findings of Fact said Item 14 implemented Item 13 which Council APPROVED. Mayor Bender OPENED and CLOSED the Public Hearing portion of Item 14 with no further discussion. VOTE: ALL VOTED AYE 15. PUBLIC HEARING - on first reading concerning a request by Pulte Home Corporation to rezone Parcel "A" of the LAND SECTION 6 NORTH PLAT (located on the southeast corner of the Sawgrass Expressway and Southgate Boulevard) from R-3U (Rowhouse) to RM-10 (Planned Apartments). Petition #7-Z-93. SYNOPSIS OF ACTION, PUBLIC Hearing was held and APPROVED on First Reading. City Attorney Kraft read Temp. Ord. #1636 by Title. C/M Katz MOVED to APPROVE Temp. Ord. #1636, SECONDED by C/M Schreiber. Ms. Carpenter read the Findings of Fact and said the applicant proposed to construct 351 townhouses on 7.20 acres and the balance of property was already zoned RM--10. She said the Planning Commission APPROVED the request and Council already APPROVED the Delegation Request. Mayor Bender OPENED and CLOSED the Public Hearing portion of Item 15 with no further discussion. VOTE: ALL VOTED AYE City Council Regular Meeting 03/10/93/PP Page 10 6, establishing a fee for the review of site development plans by the City's outside traffic consultant. SYNOPSIS OE ACTION RESOLUTION R-93-21-PASSED APPROVED (TABLED on Page 4) City Attorney Kraft read Temp. Reso. #6449 by Title. C/M Katz MOVED to APPROVE Temp. Reso. #6449, SECONDED by V/M Schumann. Ms. Carpenter said the fee schedule would implement the Ordinance requiring the developer to pay $1,000 for a traffic study and unused portions were refundable if the entire $1,000 was not spent. She added if the cost was more than $1,000, the site plan would be held up until the additional funds were paid. VOTE: ALL VOTED AYE 16. City Council Mayor Bender said Mayor Veltri from the City of Plantation requested cooperation and support from Cities in Broward County regarding additional EMS units. He added the City of Tamarac was considering having its own EMS division. 19. EMS r l from the Cityf Plantali n. SYNOPSIS OF ACTION: APPROVED City Manager and/or City Attorney to research. C/M Abramowitz MOVED to AGENDIZE Item 19, SECONDED by C/M Schreiber. C/M Abramowitz MOVED to DIRECT City Manager and/or City Attorney to research the EMS proposal from the City of Plantation. C/M Katz stated his concerns about EMS and the City of Tamarac. Mayor Bender agreed. C/M Abramowitz voiced his thoughts about EMS and said the City could not direct who would carry people to emergency facilities. C/M Schreiber SECONDED the MOTION. VOTE: ALL VOTED AYE 16. City Cauncl_(Continued) Mayor Bender said the Tamarac Chamber of Commerce needed support and funding and he suggested a Chapter for their new directory relative to an Economic Development Program. He said the documents for the Chapter would cost $5,000 and he also suggested an annual Grant of $10,000 be implemented from funds from the bus shelters and bus benches . C/M Abramowitz said he supported the Tamarac Chamber of Commerce and asked the amount in their treasury. Michael L. Schipani, a member of the Tamarac Chamber, said $14,000. TAPE 4 C/M Schreiber said the Chamber's purpose was to improve business in the community and he stated his thoughts about developing Land Section 7. City Council Regular Meeting 03/10/93/PP Page 11 Mayor Bender said he would distribute copies of a proposal regarding the Chamber. He said the Request for Proposal was sent out for the proposed golf driving range and one individual responded. He asked Council to give direction to City Manager Kelly on where to proceed. C/M Abramowitz said he opposed preparing the property for the driving range and he voiced his thoughts about the Request for Proposal and what the next step should be. Mr. Kelly voiced his comments about the Request for Proposal and the driving range. Mayor Bender requested agendizing the golf driving range for a workshop. V/M Schumann - No Report. C/M Katz thanked the residents for re ---electing him and he supported the concerns for the EMS unit. C/M Schreiber thanked the residents for re-electing him and he thanked Council for supporting an Economic Development Committee. C/M Abramowitz - No Report. 17. City Attorney_ City Attorney Kraft - No Report. 18. City Manages Mr. Kelly stated eight garbage bids were received and Council would get a report of the findings; Council had to determine by April 15 when they would take vacation; Helen Sobel, Chairwoman of the Social Services Board, was in the hospital and Social Services was a priority matter; City Staff was conducting two Town Hall meetings to discuss the fiscal year 1993/1994 budget and residents were urged to attend; an emergency occurred and he authorized the purchase of a pump for $13,500 to replace one damaged at Lift Station #36. C/M Katz asked if there was a spare 40 H.P. pump. Mr. Kelly said he would report back on Thursday, March 11, with a reply. Mayor Bender asked for information on the purchase, lease or rental of a spare 40 H.P. pump. Hearing no further discussion, Mayor Bender ADJOURNED the Meeting at 9:20 P.M. H. . BENDER Mayor CAROL A. EVANS City Clerk CITY OF TAMARAC APPROVED AT MEETING OF , j -/'j - 9 City Council Regular Meeting 03/10/93/PP Page 1 CITY OF TAMARAC CITY COUNCIL REGULAR MEETING WEDNESDAY, MARCH 10, 1993 CA" TO ORDER: Mayor Bender called the meeting to order on Wednesday, March 10, 1993, at 7:00 P.M. in Council Chambers of Tamarac City Hall, 7525 Northwest 88th Avenue, Tamarac, Florida. Mayor Bender called for the Pledge of Allegiance. Mayor H. Larry Bender Vice Mayor Henry Schumann Councilman Norman Abramowitz Councilman Irving Katz Councilman Joseph Schreiber ALSO DRRtSEN—T John P. Kelly, City Manager Mitchell S. Kraft, City Attorney Carol A. Evans, City Clerk Phyllis Polikoff, Secretary ****************************************************************** 1. a. ANNOUNCEMENT of the expiration of the terms of office for positions on the PLANNING COMMISSION. If any Tamarac resident is interested in serving on this commission, please contact the office of the City Clerk for an application. If existing board and committee members desire to be considered for reappointment, please indicate this by memo to the City Clerk's office. Present commission members shall continue to serve until appointments are made by Council. SYNOPSIS OF ACTION: Mayor Bender made the announcement. b. PRESENTATION by Mayor Bender of a proclamation designating March, 1993, as "PURCHASING MONTH". SYNOPSIS OE ACTIQN; Mayor Bender said Proclamation would be mailed. 2. 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. John Lederman, President of the Tamarac Jaycees, voiced his comments concerning the carnival and a requested Proclamation. He played a recording of a conversation made by Mayor Bender's Secretary who suggested Mr. Lederman speak directly with City Manager Kelly. Mayor Bender refuted statements made by Mr. Lederman and advised he did not support the representation of the Jaycees. City Council Regular Meeting 03/10/93/PP Page 2 Paul Swiech, City employee, congratulated C/M Katz and C/M Schreiber on their reappointments and asked to be agendized for a Public Hearing. Terry Hobmeier, Isles of Tamarac, congratulated the two Councilmen on their reappointments and expressed her concerns regarding drainage at the Isles of Tamarac, speed -limit signs on Northwest 71st Place by Clairmont/Kings Point and the overhead sign by Pine Island Road and Commercial Boulevard is missing letters. 3. Items listed under Consent Agenda, Item 3, 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. a. 1. MOTION TO ADOPT _T _ Reso. #6446 opposing regulation of water and wastewater systems by the Public Service Commission. SYN PSIS OE &CTION RESOLUTION R-93-18-PASSED APPROVED 2. MOTION TO MP National Hurricane April 16, 1993 in City Manager to attend the Conference from April 13 through Orlando, Florida. b. MOTION TO APPROVE the minutes of the following City Council meetings: 1. 2/18/93 - Special Meeting F.AWWONVA01r C. MOTION TO APgg,M a model sales permit, waiver of the 300-foot distance separation from occupied units, and waiver of ten (10) parking spaces for GRANVILLE I Building, Units 208 and 214, for a period of six -months from 3/10/93 to 9/10/93. d. MOTION TO ADOPT TgOR, Reso. #6447_ releasing warranty Letter of Credit #32780 in the amount of $7,636.25 posted by FIRST UNION NATIONAL SANK OF FLORIDA for the curbing around the median in NW 80 Street. SYNOPSIS OF_ ACTION: RESOLUTION R-93-19-PASSED APPROVED C] City Council Regular Meeting 03/10/93/PP Page 3 C/M Schreiber MOVED to APPROVE Consent Agenda Item 3, SECONDED by V/M Schumann. ►+l+l+.41f? ALL VOTED AYE Public Services Department 4. a. MOTION TO APPROVE Change Order #1 to the contract with Chaz Equipment Co., Inc., increasing the scope of work by a total amount of $11,333.84, the cost of which will be shared equally between the City of Tamarac and Coral Springs Improvement District and also to approve a contract time extension of 120 days for TUW Project 90-04, City of Tamarac/Coral Springs Improvement District 12-Inch Potable Water Supply Interconnect; the new contract price for Tamarac is $62,517.18 and the new contract completion date is April 25, 1993. " �+• + +� -• City Manager Kelly said Staff was concerned about the Change Order amount and the water supply interconnect but Staff's concerns were remedied. C/M Schreiber MOVED to APPROVE Item 4.a., SECONDED by C/M Abramowitz. VOTE: ALL VOTED AYE b. MOTION TO APPROVE_ the transfer of $5, 667 from TUW Contingency Account 425-371-588-975 to TUW Project 90-04, 12-Inch Water Supply Interconnect, Account 425-364-533-6HD to fully fund Tamarac's portion of Change Order #1 to this project. SYNOPSIS OF _ ACTION APPROVED C/M Schreiber MOVED to APPROVE Item 4.b., SECONDED by C/M Abramowitz. After discussion, it was agreed to round out the amount of the transfer to $5,667. VOTE: ALL VOTED AYE 5. MOTION TO ADOPT Tema_ Reso. #6448 approving waiver of the provisions of the sign code requested by ABC Carpets (HOPKINS PLAT), 7875 W. Commercial Boulevard, to allow a second sign on the east side of the building. SYNOPSIS OF ACTION: RESOLUTION R--93-20-PASSED APPROVED to allow a 50 foot second sign on the east side of the building that duplicates the primary sign. City Attorney Kraft read Temp. Reso. #6448 by Title. C/M Katz MOVED to APPROVE Temp. Reso. #6448, SECONDED by C/M Schreiber. City Council Regular Meeting 03/10/93/PP Page 4 Mr. Kelly said the second sign was denied because it did not meet the Sign Ordinance. There was discussion about where the free-standing sign faced and if the original sign complied with the Code. Dan Wood, Chief Building Official, said the sign faced Commercial Boulevard and it complied with the Code. C/M Abramowitz suggested scheduling a Workshop to revise the Sign I Ordinance. VOTE: ALL VOTED AYE 6. MOTION TO ADOPT Temp. Reso. 16444 establishing a fee for the review of site development plans by the City's outside traffic consultant. SYNOPSIS OF ACTION: TABLED until after the Public Hearings (See Page 9 for Final Action) City Attorney Kraft read Temp. Reso. #6449 by Title. Kelly Carpenter, Director of Community Developer, suggested waiting until Item 11 was discussed. C/M Abramowitz MOVED to TABLE until after Item 11 was discussed, SECONDED by C/M Schreiber. VOTE: ALL VOTED AYE 7. a. MOTION TO ADOPT Tip-. Reso_ #6439 approving a plat entitled LOMBARDY REPLAT. SYNOPSIS OF ACTION: RESOLUTION R-93-22-PASSED APPROVED City Attorney Kraft read Temp. Reso. #6439 by Title. C/M Katz MOVED to APPROVE Temp. Reso. #6439, SECONDED by V/M Schumann. Ms. Carpenter read the Findings of Fact and said the final plat was previously APPROVED and the Planning Commissioners APPROVED the request on February 17. VOTE: ALL VOTED AYE b. MOTION TO ADOPT Temp. Reso. #6440 approving a site plan for the LOMBARDY project located on the northwest corner of Nob Hill Road and NW 80 Street. SYNOPSIS OF ACTION: TABLED at the request of the Director of Community Development due to a question concerning the Water and Sewer Developers Agreement. City Attorney Kraft read Temp. Reso. #6440 by Title. C/M Katz MOVED to APPROVE Item 7.b., SECONDED by V/M Schumann. Ms. Carpenter said Staff requested REMOVAL of Temp. Reso. #6440 regarding the Sewer and Developer's Agreement. C/M Abramowitz MOVED to TABLE Item 7.b. at Staff's request, SECONDED by C/M Schreiber. VOTE: ALL VOTED AYE City Council Regular Meeting 03/10/93/PP Page 5 8. MOTION TO ADOPT Tama_ Rego. 16441 approving a revised site plan for MIDWAY PLAZA reflecting construction of a 4,100 S.F. building (a 2,800 S.F. restaurant with one drive-thru and a 1,300 S.F. bank with two drive-thru's), revised landscaping and on -site vehicular circulation. SYNOPSIS OF ACTION: TABLED at the request of the Director of Community Development due to a question concerning the water and Sewer Developers Agreement. City Attorney Kraft read Temp. Reso. #6441 by Title. Ms. Carpenter said Staff requested REMOVAL of Temp. Reso. #6441 regarding the Sewer and Developers Agreement. C/M Abramowitz MOVED to TABLE Item 8, SECONDED by C/M Schreiber. There was discussion about whether Item 8 had to be readvertised. VOTE: ALL VOTED AYE Mayor Bender OPENED the Public Hearing Portion of the Meeting. 703 concerning a request by Pulte Home Corporation for a limited parking waiver to allow the use of a parking aisle as the principle means of on -site vehicular circulation for the LAND SECTION 6 NORTH PLAT located on the southeast corner of the Sawgrass Expressway and Southgate Boulevard. Petition #3-Z-93 SYNOPSIS OF ACTION: RESOLUTION R-93-23-PASSED PUBLIC Hearing was Held. APPROVED with condition that it is only effective with the Council's future site plan approval incorporating measures to slow down traffic on internal traffic aisles. City Attorney Kraft read Temp. Reso. #6437 by Title. C/M Katz MOVED to APPROVE Temp. Reso. #6437, SECONDED by C/M Schreiber. Ms. Carpenter read the Findings of Fact and said the Planning Commissioners APPROVED the waiver and agreed there was a hardship. Discussion commenced on the parking waiver, the site plan and methods which might slow the traffic in the development. C/M Katz asked why the parking waiver was agendized before the site plan. Ms. Carpenter said that was the developer's option and discussion followed regarding the site plan. C/M Abramowitz asked for clarification of road and Ms. Carpenter said it was an internal driveway in a proposed townhouse sub- division. C/M Abramowitz recommended the inclusion of a stipulation that if the SITE PLAN was not APPROVED, the waiver would become null and void. C/M Schreiber expressed his objections to the configuration of the parking aisle. Mr. Hernandez said the site was very narrow and more pavement would mean less green areas. TAPE 2 Mayor Bender OPENED the Public Hearing portion of the Meeting. City Council Regular Meeting 03/10/93/PP Page 6 Terry Hobmeier, resident of Isles of Tamarac, asked where the ingress and egress roads would lead. Mr. Hernandez said one entrance was off Southgate Boulevard and the other would be off Northwest 108th Terrace. Albert Schultz, resident, asked the cost of the townhouses and Mr. Hernandez answered they were between $60,000 and $90,000. C/M Abramowitz asked Mr. Hernandez if he would declare the parking waiver null and void if the site plan was denied. Mr. Hernandez said, yes. C/M Schreiber expressed his thoughts regarding the site plan and the parking waiver. C/M Katz voiced his concerns about slowing down traffic in the development and requested his concern be included in the MOTION. Anthony Silvestri, resident of Lime Bay Condos, voiced his thoughts about backing out onto the internal roadway and he had no objections to the parking waiver. C/M Abramowitz MOVED to APPROVE the parking waiver subject to Council's future approval incorporating traffic measures to slow down the traffic on the internal driving aisle, SECONDED by C/M Katz. VOTE: ALL VOTED AYE 10. PUBLIC HEARING - MOTION TO ADOPT Tema_ Regg. #fi442 concerning a request by Pulte Home Corporation for a limited parking waiver to allow parking bays with more than ten (10) car lengths without a forward means of egress for the LAND SECTION 6 SOUTH PLAT located on the northeast corner of the Sawgrass Expressway and McNab Road. Petition #4-Z-93 XINAL ACTION: RESOLUTION R-93-24-PASSED PUBLIC Hearing was held. APPROVED. Mr. Hernandez voluntarily stipulated that H.O.A. documents and sales brochures would state that internal streets were and will remain the responsibility of the development. City Attorney Kraft read Temp. Reso. #6442 by Title. C/M Katz MOVED to .APPROVE Temp. Reso. #6442., SECONDED by C/M Schreiber. Ms. Carpenter read the Findings of Fact and said the Planning Commissioners APPROVED the site plan and Staff was excited about the project. She added entrances would be at the rear of the townhouse and the Fire Department agreed to stabilized fire access around the units. Discussion was held regarding the driveways and C/M Schreiber asked if the parking waiver would allow more than 10 bays in a row. Mr. Hernandez answered, no. Eileen Frolich, resident of Isles of Tamarac, stated her concerns about traffic on Northwest 71st Place and McNab Road. Terry Hobmeier, resident of Isles of Tamarac, asked the number of bedrooms, where each townhouse faced and expressed her concerns about the major ingress and egress into the development. Mr. Hernandez said townhouses would have two or three bedrooms, the houses would not face the main roads and the main roads, Northwest 71st Place and Northwest 108th Terrace, were already in place. Mr. Schultz asked the Cost of the townhouses. Mr. Hernandez said they were between $70,000 to over $100,000. 1 �i City Council Regular Meeting 03/10/93/PP Page 7 Anthony Grimaldi, resident of Sunflower-Heathgate, asked the total number of townhouses and would they be sold to families with children. Mr. Hernandez said the total was 144 townhouses and Ms. Carpenter said the school issue was addressed at the platting level. Mr. Kelly said the interior streets would be maintained by the development because they were not City streets and the sales brochures should contain a written statement to that effect. Mr. Hernandez agreed. C/M Schreiber expressed his concerns about the traffic on Northwest 71st Place and Northwest 108th Terrace. Ms. Carpenter said the Traffic Consultant stated there would be no problem through the year 2010. Mayor Bender CLOSED the Public Hearing portion on this item with no further discussion. C/M Katz's MOTION was AMENDED to incorporate statement from Timothy Hernandez, Vice President of Pulte Homes Corp., who voluntarily offered to include in sales brochures and H.O.A. documents, that interior streets were and would remain the responsibility of the development, SECONDED by C/M Schreiber. VOTE: ALL VOTED AYE 11. PUBLIC HEARING -- MOTION TO OPT Tema_ Ord_ 11626 on second reading concerning a proposal by the City of Tamarac to amend Chapter 10 of the City Code to create a cost recovery system to recover costs incurred by the City's outside traffic consultant for review of development permits. Case #38-Z--92 SYNOPSIS OF ACTION: ORDINANCE 0-93-4-PASSED PUBLIC Hearing was held and APPROVED on Second and Final Reading. City Attorney Kraft read Temp. Ord. #1628 by Title. C/M Katz MOVED to APPROVE Item 11, SECONDED by C/M Abramowitz. Ms. Carpenter read the Findings of Fact and said the City had a Traffic Engineer on retainer to do studies and the Ordinance would require the developer pay for a traffic study. Mayor Bender OPENED and CLOSED the Public Hearing Portion of Item 11 with no further discussion. `iL*1 F ALL VOTED AYE 12. PUBLIC HEARING -- MOTION TO ADOPT Tom. Ord, #1634 on first reading concerning a request by Pulte Home Corporation to amend Chapter 24 of the City Code to revise the setbacks for zero lot line structures in RM--11 (Planned Apartment) Districts. Petition #1-Z-93 AYNQPSIA,.,4E ACTION: PUBLIC Hearing was held and APPROVED on First Reading. City Attorney Kraft read Temp. Ord. #1634 by Title. C/M Katz MOVED to APPROVE Temp. Ord. #1634, SECONDED by C/M Schreiber. Ms. Carpenter read the Findings of Fact and said the text change would amend the Zoning lot -line Setback portion of the Code in the City Council Regular Meeting 03/10/93/PP Page 8 RM-10 Zone . She said changes were not proposed to the front or rear -yard setbacks for principle structures and the developer agreed to increase the minimum side -yard to 12 feet and that the Planning Commission recommended APPROVAL of the text change. C/M Abramowitz voiced his concerns about the text change and the setback. Ms. Carpenter said the developer applied for the text change and a variance regarding Land Section 8 and the Board of Adjustment APPROVED the variance. She added the variance would not apply to anything now or in the future zoned RM-10. Mr. Hernandez said the property was platted for 830 townhouses and he proposed a combination of 440 single-family and townhouses. TAPE 3 Mr. Hernandez asked for APPROVAL to have 10 foot side -yards on the non -zero side for homes with attached garages and he added there would also be homes with detached garages. C/M Katz said he believed there was not enough distance to turn into the garage. Mr. Hernandez disagreed. C/M Abramowitz said he was pleased with the concept and he asked if there was a problem with the zero lot line and the difference between 12 feet and 15 feet. Ms. Carpenter said, no. Mayor Bender OPENED the Public Hearing portion of the Meeting. Mr. Schultz asked why Item 12 indicated Planned Apartments, if the units were rented or sold and what did the cost. Ms. Carpenter answered Apartment District was the legal description in the Code and the units were sold. Mr. Hernandez said the homes would cost between $100,000 to $130,000. Mayor Bender CLOSED the Public Hearing portion of Item 12 with no further discussion. ►#L#144 13. PUBLIC HEARING - on first reading concerning a request by Pulte Home Corporation to change the use of land from commercial to low -medium residential (6 to 10 units per acre) for Parcel "C" of the LAND SECTION 8 PLAT located on the north side of Commercial Boulevard, east of Nob Hill Road. Petition #1-LUA-93 PUBLIC Hearing was held and APPROVED on First Reading. City Attorney Kraft read Temp. Ord. #1635 by Title. C/M Katz MOVED to APPROVE Temp. Ord. #1635, SECONDED by V/M Schumann. Ms. Carpenter read the Findings of Fact and said the zoning change in Item 14 implemented Item 13. She added the developer owned the major portion of the commercial frontage on Commercial Boulevard and they intended to construct 470 single-family homes on Land Section 8. She mentioned flex units which represented the difference in densities between Broward County's and the City's Land Use Plan. She said the Planning Commission APPROVED the zoning request and Council APPROVED the developer's Delegation Request to change the face of the plat from commercial to residential. Mayor Bender OPENED the Public Hearing portion on Item 13. 1 L; City Council Regular Meeting 03/10/93/PP Page 9 Tony Casale, Greenhaven 12, voiced his concerns about traffic, noise, facilities for children, pollution, funds to pay for police services and the number and type of homes being built. C/M Abramowitz disagreed with the amount of homes and said all developers and builders paid school fees, Traffic and Parks and Recreation Impact Fees. Marvin Seidel, Kings Point, expressed his thoughts about future development in Land Section 7 and traffic on Nob Hill Road. Mr. Schultz said the apartments were for people with incomes less than $18,000 per year. V/M Katz disagreed. Mayor Bender CLOSED the Public Hearing portion of Item 13 with no further discussion. VOTE: ALL VOTED AYE 14. PUBLIC HEARING - MOTION_ TO_ ADOPT Temg, Qrd- #1637 on first reading concerning a request by Pulte Home Corporation to rezone Parcel "C" of the LAND SECTION 8 PLAT (located on the north side of Commercial Boulevard, east of Nob Hill Road) from B-2 (Planned Community Business) to RM-10 (Planned Apartments). Petition #2-Z-93 SYNOPSIS OF ACTION: PUBLIC Hearing was held and APPROVED on First Reading. City Attorney Kraft read Temp. Ord. #1637 by Title. C/M Katz MOVED to APPROVE Temp. Ord. #1637, SECONDED by C/M Schreiber. Ms. Carpenter read the Findings of Fact said Item 14 implemented Item 13 which Council APPROVED. Mayor Bender OPENED and CLOSED the Public Hearing portion of Item 14 with no further discussion. ALL VOTED AYE 15. PUBLIC HEARING _- MOTION TO ADOPT Temv. Ord. #1636 on first reading concerning a request by Pulte Home Corporation to rezone Parcel "A" of the LAND SECTION 6 NORTH PLAT (located on the southeast corner of the Sawgrass Expressway and Southgate Boulevard) from R-3U (Rowhouse) to RM-10 (Planned Apartments). Petition #7-WZ-93. SYNOPSIS OF -ACTION; PUBLIC Hearing was held and APPROVED on First Reading. City Attorney Kraft read Temp. Ord. #1636 by Title. C/M Katz MOVED to APPROVE Temp. Ord. #1636, SECONDED by C/M Schreiber. Ms. Carpenter read the Findings of Fact and said the applicant proposed to construct 351 townhouses on 7.20 acres and the balance of property was already zoned RM-10. She said the Planning Commission APPROVED the request and Council already APPROVED the Delegation Request. Mayor Bender OPENED and CLOSED the Public Hearing portion of Item 15 with no further discussion. VOTE: ALL VOTED AYE City Council Regular Meeting 03/10/93/PP Page 10 6, establishing a fee for the review of site development plans by the City's outside traffic consultant. SYNOPSIS OF ACTION; RESOLUTION R-93-21-PASSED APPROVED (TABLED on Page 4) City Attorney Kraft read Temp. Reso. #6449 by Title. C/M Katz MOVED to APPROVE Temp. Reso. #6449, SECONDED by V/M Schumann. Ms. Carpenter said the fee schedule would implement the Ordinance requiring the developer to pay $1,000 for a traffic study and unused portions were refundable if the entire $1,000 was not spent. She added if the cost was more than $1,000, the site plan would be held up until the additional funds were paid. VOTE: ALL VOTED AYE Mayor Bender said Mayor Veltri from the City of Plantation requested cooperation and support from Cities in Broward County regarding additional EMS units. He added the City of Tamarac was considering having its own EMS division. APPROVED City Manager and/or City Attorney to research. C/M Abramowitz MOVED to AGENDIZE Item 19, SECONDED by C/M Schreiber. C/M Abramowitz MOVED to DIRECT City Manager and/or City Attorney to research the EMS proposal from the City of Plantation. C/M Katz stated his concerns about EMS and the City of Tamarac. Mayor Bender agreed. C/M Abramowitz voiced his thoughts about EMS and said the City could not direct who would carry people to emergency facilities. C/M Schreiber SECONDED the MOTION. VOTE: ALL VOTED AYE 16. city (Continued) Mayor Bender said the Tamarac Chamber of Commerce needed support and funding and he suggested a Chapter for their new directory relative to an Economic Development Program. He said the documents for the Chapter would cost $5,000 and he also suggested an annual Grant of $10,000 be implemented from funds from the bus shelters and bus benches . C/M Abramowitz said he supported the Tamarac Chamber of Commerce and asked the amount in their treasury. Michael L. Schipani, a member of the Tamarac Chamber, said $14,000. TAPE 4 C/M Schreiber said the Chamber's purpose was to improve business in the community and he stated his thoughts about developing Land Section 7. City Council Regular Meeting 03/10/93/PP Page 11 Mayor Bender said he would distribute copies of a proposal regarding the Chamber. He said the Request for Proposal was sent out for the proposed golf driving range and one individual responded. He asked Council to give direction to City Manager Kelly on where to proceed. C/M Abramowitz said he opposed preparing the property for the driving range and he voiced his thoughts about the Request for Proposal and what the next step should be. Mr. Kelly voiced his comments about the Request for Proposal and the driving range. Mayor Bender requested agendizing the golf driving range for a Workshop. V/M Schumann - No Report. C/M Katz thanked the residents for re-electing him and he supported the concerns for the EMS unit. C/M Schreiber thanked the residents for re --electing him and he thanked Council for supporting an Economic Development Committee. C/M Abramowitz - No Report. 17. City Attorney City Attorney Kraft - No Report. 18. City Manager. Mr. Kelly stated eight garbage bids were received and Council would get a report of the findings; Council had to determine by April 15 when they would take vacation; Helen Sobel, Chairwoman of the Social Services Board, was in the hospital and Social Services was a priority matter; City Staff was conducting two Town Hall meetings to discuss the fiscal year 1993/1994 budget and residents were urged to attend; an emergency occurred and he authorized the purchase of a pump for $13,500 to replace one damaged at Lift Station #36. C/M Katz asked if there was a spare 40 H.P. pump. Mr. Kelly said he would report back on Thursday, March 11, with a reply. Mayor Bender asked for information on the purchase, lease or rental of a spare 40 H.P. pump. Hearing no further discussion, Mayor Bender ADJOURNED the Meeting at 9:20 P.M. G• H .-BENDER Mayor CAROL A.~EVANS City Clerk CITY OF TAMARAiC APPROVED AT MEETING OF - 44