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Home My WebLink About1994-10-12 - City Commission Regular Meeting MinutesCITY OF TAMARAC CITY COMMISSION REGULAR MEETING WEDNESDAY, OCTOBER 12, 1994 CALL TO ORDER: Mayor Abramowitz called the meeting to order on Wednesday, October 12, 1994, at 7:00 p.m. in Commission Chambers of Tamarac City Hall, 7525 Northwest 88th Avenue, Tamarac, Florida. Mayor Norman Abramowitz Vice Mayor Irving Katz Commissioner Sharon Machek Commissioner Larry Mishkin Commissioner Joseph Schreiber ALSO PRESENT: Robert S. Noe, Jr., City Manager Mitchell S. Kraft, City Attorney Carol A. Evans, CMC, City Clerk Kristina L. Haynes, Secretary PLEDGE OF AL. EQIANCE: Mayor Abramowitz called for the Pledge of Allegiance and a moment of silence. Tape 1 Mayor Abramowitz announced Tamarac Day is rescheduled for October 23, 1994, from 12:00 noon to 5:00 p.m. and The Department of Elder Affairs will meet at University Hospital on October 24, 1994 from 9:00 a.m. to 4:30 p.m. and on October 25, 1994 from 9:00 a.m. to 12:00 noon. 1. ANNOUNCEMENT of vacancies on the following boards and committees: Annexation Committee Urban Forestry Committee Board of Adjustment Veterans Affairs Committee Consumer Affairs Committee Planning Commission Announcement was made by Mayor Abramowitz. 1J, 1 City Commission 10/12/94/KH Page 2 Regular Meeting 4. g. approving the purchase of microcomputers from Zeos, Incorporated, in accordance with GSA Contact GSOOK94AGS5476, with funding from Account 501-888-893-62A entitled "Replacement of Obsolete Microcomputers, Account 501-888-893-62B entitled "Replacement of Macintosh workstations", and various departmental accounts under Object Code 641 entitled "Office Equipment", at an approximate cost of $88,500. Comm. Schreiber MOVED to REMOVE item 4.g. for discussion, SECONDED by Comm. Machek. (See page 4 for final action) VOTE: ALL VOTE AYE 4. k. MOTION TO ADOPT Temp. Reso. #6a44 authorizing a 3% salary increase for all managerial, supervisory and confidential non -bargaining employees effective October 1, 1994. V/M Katz MOVED to REMOVE item. 4.k. for discussion, SECONDED by Comm. Mishkin. (See page 5 for final action) VOTE: ALL VOTE AYE 3. PUBLIC EARIICIEAIIQN - 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. Ms. Terry Hobmeier, 10700 NW 71 st Place, had concerns regarding traffic through the Kings Point area. �I►`I;[*]*1ZFIN i[a] k"/_\0M14 • - -W10676M Mayor Abramowitz stated this item will be included in the City Manager's report. City Commission Regular Meeting 10/12/94/KH Page 3 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. a. MOTION TO APPROVE the minutes of the following City Council meetings: APPROVED 1) 09/28/94 - Special Meeting 2) 09/28/94 - Regular Meeting b. MOTION TO ADOPT Temp. Reso. #$$45 approving renewal of the model sales permit for the PLUM BAY/PLUM HARBOR project located in Land Section 8, east of Nob Hill Road and north of Commercial Boulevard, for a six-month period from November 10, 1994 to May 10, 1995. APPROVED-RESOLUTION-11-94-199-PASSED C. MOTION TO ADOPT Temp. Reso. #6846 approving renewal of the model sales permit and waiver of the 300-foot distance requirement for issuance of certificates of occupancy for the SANIBEL/CAPTIVA project located in Land Section 6, west of NW 108 Terrace between McNab Road and Southgate Boulevard, for a six-month period from November 10, 1994 to May 10, 1995. APPROVED-RESOLUTION-R-94-200-PASSED d. MOTION TO ADOPT Temp. Reso. #6848 approving renewal of the model sales permit for the WESTWOOD PINES project, located in Building 5, Units 523 and 525, 7654 Westwood Drive, for a six-month period from November 14, 1994 to May 14, 1995. APPROVED-RESOLUTION-R-94-201-PASSED e. MOTION TO ADOPT Jgmp, Reso. #6842 authorizing the appropriate City officials to execute a Hold Harmless Agreement with University Hospital relating to University Hospital donating and administering 950 free flu shots to Tamarac residents at the Tamarac Recreation Center on October 20, 1994. APPROVED-RESOLUTION-R-94-202-PASSED City Commission Regular Meeting 10/12/94/KH Page 4 f. MOTION TO ADOPT Temp. Reso. #6847 approving a request by Hart-T-Tree Farm/John Chefas to conduct a pumpkin sale on Thursday, October 13, through Monday, October 31, 1994, and to conduct a holiday tree sale on Thursday, November 24, through Sunday, December 25, 1994, on vacant property at the southeast corner of University Drive and NW 64 Street. APPROVED-RESOLUTION-R-9 4-203 -PASSED h. MOTION TO ADOPT Temp. Reso. #6862 approving the City Manager's appointment of Vernon Hargray as Director of Utilities effective October 1, 1994. APPROVED-RESOLUTION-R-94-205-PASSED MOTION TO ADOPT Temp. Reso. #6864 approving the City Manager's appointment of Raj Verma as Director of Public Works with an effective date to be determined. APPROVED-RESOLUTION-R-94-206-PASSED j. MOTION TO ADOPT Temp. Reso. #6843 authorizing the increase of benefit options for Fiscal Year 1995 from $1,300. to $10425. for all non -bargaining employees. APPROVED-RESOLUTION-R-94-207-PASSED V/M Katz MOVED to APPROVE the Consent Agenda with the exception of items. 4.g. and 4.k., SECONDED by Comm. Machek. VOTE: ALL VOTED AYE 4. g. approving the purchase of microcomputers from Zeos, Incorporated, in accordance with GSA Contact GSOOK94AGS5476, with funding from Account 501-888-893-62A entitled "Replacement of Obsolete Microcomputers, Account 501-888-893-62B entitled "Replacement of Macintosh workstations", and various departmental accounts under Object Code 641 entitled "Office Equipment", at an approximate cost of $88,500. APPROVED-RESOLUTION-R-94-204-PASSED (Removed for discussion from Consent Agenda on page 1) Comm. Schreiber MOVED to APPROVE item 4.g., SECONDED by WM Katz. VOTE: ALL VOTE AYE 1 1 City Commission Regular Meeting 10/12/94/KH Page 5 4 k. authorizing a 3% salary increase for all managerial, supervisory and confidential non -bargaining employees effective October 1, 1994. APPROVED-RESOLUTION-R-94-208-PASSED (Removed for discussion from Consent Agenda on page 1) V/M Katz MOVED to APPROVE item 4.k., SECONDED by Comm. Schreiber. VOTE: ALL VOTE AYE • •I•'�S00�7: 17. on first reading amending Chapter 2 of the Code repealing Section 2-3 entitled "Director of Public Services Department" and adding Section 2-235 under Article IV entitled "Departments". City Attorney Kraft read Temp. Ord. #1704 by Title. Comm. Schreiber MOVED to APPROVE Temp. Ord. #1704 on first reading, SECONDED by Comm. Machek. VOTE: ALL VOTE AYE 18. MOTION TO ADOPT Temp. Ord. #1700 on first reading amending Article III of Chapter 16 of the Code pertaining to the City's Pension Plan to modify the definition of the terms "Actuarial Equivalence" and "Actuarially Equivalent" and providing for the clarification and repositioning of the Plan language pertaining to cost of living adjustment benefits. City Attorney Kraft read Temp. Ord. #1700 by Title. City Clerk Evans stated the Pension Board recommended approval. City Manager Noe stated he will further explain Temp. Ord. #1700 at the next meeting. Comm. Schreiber MOVED to APPROVE Temp. Ord. #1700 on first reading, SECONDED by V/M Katz. VOTE: ALL VOTE AYE 1 1 City Commission Regular Meeting 10/12/94/KH Page 6 5. a. - MOTION TO ADOPT Temp. Ord. #] 692 on second reading amending Ordinance 0-89-44 adopting a development order for WESTPOINT Development of Regional Impact (DRI) of approximately 158 acres bounded by the Sawgrass Expressway on the west, Commercial Boulevard on the south, and Nob Hill Road on the east, to provide for the 5- year extension of the buildout date, the extension of the construction date of Hiatus Road and the extension of the downzoning or reduction of density or intensity date (tabled on 9/28/94). b. MOTION TO ADOPT T approving a Letter of Agreement between the City and the WESTPOINT DRI property owner concerning certain interpretations of the JONES AGREEMENT. a. City Attorney Kraft read Temp. Ord. #1692 by Title. City Manager Noe requested the Commission table this until the next meeting. Comm. Schreiber MOVED to TABLE Temp. Reso. #1692 until October 26, 1994 at 10:00 a.m., SECONDED by Comm. Mishkin. VOTE: ALL VOTE AYE b. City Attorney Kraft read Temp. Reso. #6865 by Title. City Manager Noe requested the Commission table this until the next meeting. Comm. Schreiber MOVED to TABLE Temp. Reso. #6865 until October 26, 1994 at 10:00 a.m., SECONDED by Comm. Machek. VOTE: ALL VOTE AYE 6. PUBLIC HEARING - MOTION TO ADOPT Temp. Ord, #] 693 on second reading regarding non-exclusive franchises for a cable television system granted for operation, construction and maintenance of cable television systems in the City of Tamarac and i U 1 1 City Commission Regular Meeting 10/12/94/KH Page 7 revising the procedures and requirements relating to cable television franchises to reflect changes in applicable law and to better ensure that use of City streets by cable systems serves the public interest. APPROVED-ORDINANCE-0-94-15-PASSED City Attorney Kraft read Temp. Ord. #1693 by Title. Comm. Schreiber MOVED to APPROVE Temp. Ord. #1693 on the second reading, SECONDED by Comm. Mishkin. Discussion was held on satellites and the relation to franchises. Tape 2 Mayor Abramowitz opened the public hearing. Gary I. Resnick, Continental Cable, Director of Government & Community Relations. Mr. Resnick distributed a list of comments from Continental Cable regarding the Cable Television Ordinance #1693. VOTE: ALL VOTE AYE 7. PUBLIC HEARING - MOTION TO ADOPT JeMp,. eSQ,..#6860 establishing and modifying rates and charges applicable to the Tamarac Utilities East bi-monthly billing. APPROVED-RESOLUTION-R-94-209-PASSED City Attorney Kraft read Temp. Reso. #6860 by Title. Comm. Schreiber MOVED to APPROVE Temp. Reso. #6860, SECONDED by V/M Katz. City Manager Noe reviewed a 1992 report by Hartman and Associates regarding automatic rate increases. Finance Director, Stanley Hawthorne, spoke on carryover funds for Utilities East and Utilities West. Mayor Abramowitz opened and closed the public hearing with no response. VOTE: ALL VOTE AYE 1 1 City Commission Regular Meeting 10/12/94/KH Page 8 8. establishing and modifying rates and charges applicable to the Tamarac Utilities West. APPROVED-RESOLUTION-11-94-210-PASSED City Attorney Kraft read Temp. Reso. #6861 by Title. Comm. Schreiber MOVED to APPROVE Temp. Reso. #6861, SECONDED by Comm. Machek. Mayor Abramowitz opened and closed the public hearing with no response. VOTE: ALL VOTE AYE 9. - MOTION TO Al2QPT Temp, Reso. #6857 granting a request by Pulte Home Corporation to vacate, release and abandon a 69-foot portion of McNab Road, 212.34 feet east of the Sawgrass Expressway. Petition 8-P-94 APPROVED-RESOLUTION-R-94-211-PASSED City Attorney Kraft read Temp. Reso. #6857 by Title. V/M Katz MOVED to APPROVE Temp. Reso. #6857 providing no impact fees are refunded, SECONDED by Comm. Mishkin. Mike Vonder Meulen, AICP, Director of Planning recommended approval. Greg Myer of CCL Consultants, representive for the applicant, stated when Pulte Home Corporation originally petitioned the City they were not aware of the need for extra land. Susan Prillaman, representative of Pulte Home Corporation, stipulated Pulte Home Corporation would not request a refund on this land. Tape 3 Mayor Abramowitz opened and closed the public hearing with no response. I VOTE: ALL VOTE AYE I� L'i P City Commission Regular Meeting 10/12/94/KH Page 9 10. PUBLIC HEARING - QUASI JU121CIAL MOTION IQ ADOPT TemP. - Ord. #1701 on first reading concerning a request by June Abel to rezone lands at the southwest corner of NW 57 Street and NW 66 Terrace (a/k/a the Beliro Plat) from B-1 (Neighborhood Business) to B-2 (Planned Community Business). Petition 19-Z-94 City Attorney Kraft read Temp. Ord. #1701 by Title. Comm. Schreiber MOVED to APPROVE Temp. Ord. #1701 on first reading, SECONDED by V/M Katz. Robert Lochre of Ruden Barnett, representative for the petitioner, waived his Quasi -Judicial rights. Mike Vonder Meulen, AICP, Director of Planning recommended approval. June Abel, owner, stated the shopping center was built in 1973. Mayor Abramowitz opened and closed the public hearing with no response. VOTE: ALL VOTE AYE 11. PUBLIC HEARING - QUASI JUDICIAL - MOTION TO ADOPT TemQ� Qj1• #1702 on first reading concerning a request by Consul -Tech Engineering, Inc., to rezone lands east of Nob Hill Road, south of NW 77 Street, from R-3 (Low Density Multifamily) to R-1 (Single Family District). Petition 20-Z-94 City Attorney Kraft read Temp. Ord. #1702 by Title. V/M Kraft MOVED to APPROVE Temp. Ord. #1702 on first reading, SECONDED by Comm. Machek. Cynthia Paddock of Consul -Tech Engineering, Inc., representative for the owner, waived her Quasi -Judicial rights. Mike Vonder Meulen, AICP, Director of Planning, stated the petitioner has received preliminary plat approval from the Development Review Committee. Mayor Abramowitz opened and closed the public hearing with no response. VOTE: ALL VOTE AYE City Commission Regular Meeting 10/12/94/KH Page 10 Mayor Abramowitz called for a RECESS at 8:45 p.m. and RECONVENED at 8:55 p.m. with all present. 12. PUBLIC HEARING - QUASI-JUDICIAL - MOTIQN IQ ADOPT Temp. Reso. #6851 granting a limited parking waiver requested by Amoco Oil Company, 8291 University Drive, to allow the pump island vehicular use areas to serve as four (4) of the required parking spaces for a proposed dry cleaners (west side of the 8200 block of University Drive). Petition 23-Z-94 APPROVED-RESOLUTION-R-94-212-PASSED City Attorney Kraft read Temp. Reso. #6851 by Title. Comm. Schreiber MOVED to APPROVE Temp. Reso. #6851, SECONDED by Comm. Machek. Jim Brady, representative for Amoco Oil Company, waived his Quasi - Judicial rights. Mike Vonder Meulen, AICP, Director of Planning, recommended approval of items 12, 13.a. and 13.b. Tape 4 Mayor Abramowitz opened and closed the public hearing with no response. VOTE: V/M Katz Aye Comm. Mishkin Aye Comm. Schreiber Nay Comm. Machek Aye Mayor Abramowitz Aye IA • 1 .. 1. �. 13. a. T granting a special use exception to permit the operation of a dry cleaning establishment on the west side of the 8200 block of University Drive requested by Amoco Oil Company for Dry - Clean USA. Petition 15-Z-94 APPROVED-RESOLUTION-R-94-213-PASSED 1 City Commission Regular Meeting 10/12/94/KH Page 11 b. - - approving a revised site plan for Amoco Oil Company for the construction of a new 925 square foot addition to accommodate Dry -Clean USA on the west side of the 8200 block of University Drive. Petition 33-SP-94 APPROVED-RESOLUTION-R-94-214-PASSED a. City Attorney Kraft read Temp. Reso. #6850 by Title. Comm. Schreiber MOVED to APPROVE Temp. Reso. #6850, SECONDED by Comm. Machek. Jim Brady, representative for Amoco Oil Company, waived his Quasi - Judicial rights. VOTE: Comm. Mishkin Aye Comm. Schreiber Nay Comm. Machek Aye V/M Katz Aye Mayor Abramowitz Aye b. City Attorney Kraft read Temp. Reso. #6852 by Title. Comm. Machek MOVED to APPROVE Temp. Reso. #6852, SECONDED by V/M Katz. Jim Brady, representative for Amoco Oil Company, waived his Quasi - Judicial rights. VOTE: Comm. Schreiber Nay Comm. Machek Aye V/M Katz Aye Comm. Mishkin Aye Mayor Abramowitz Aye - 14. - MOTION IQ ADOPT IlImP.-ROSQ, #6858 approving a revised site plan for WOODLAND MEADOWS for construction of a new storage shed (development located on the northwest corner of Commercial Boulevard and NW 58 Way). Petition 38-SP-94 APPROVED-RESOLUTION-11-94-215-PASSED F�l City Commission Regular Meeting 10/12/94/KH Page 12 City Attorney Kraft read Temp. Reso. #6858 by Title. Comm. Schreiber MOVED to APPROVE Temp. Reso. #6858, changing the word "shed" to "structure", SECONDED by Comm. Machek. Franz Joseph Shropa, representative of the owner, waived his Quasi - Judicial rights. Mike Vonder Muelen, AICP, Director of Planning, recommended approval. Mayor Abramowitz asked Mr. Vonder Muelen to change the plans to show maintenance structure not workshop structure and have the applicant initial. VOTE: 15. a. ALL VOTE AYE approving a special use exception requested by Ulysses Telegadis, owner of BROOKWOOD PLAZA, 7108-7112 W. McNab Road, for a proposed restaurant called Buffalo Wings N Things. Petition 16-Z-94 APPROVED-RESOLUTION-11-94-216-PASSED b. - - approving a special use exception for the on -premises consumption of beer and wine at a proposed restaurant called Buffalo Wings N Things at BROOKWOOD PLAZA, 7108-7112 W. McNab Road, requested by Ulysses Telegadis, owner of the plaza. Petition 17-Z-94 APPROVED-RESOLUTION-R-94-217-PASSED a. City Attorney Kraft read Temp. Reso. #6853 by Title. Comm. Schreiber MOVED to APPROVE Temp. Reso. #6853, SECONDED by Comm. Machek. Ulysses Telegadis, Petitioner, waived his Quasi -Judicial rights. Mike Vonder Muelen, AICP, Director of Planning, stated all fees were paid and the Planning Commission made a condition the owner cannot serve food after 10:00 p.m. and the owner approved this. 1 1 1 City Commission Regular Meeting 10/12/94/KH Page 13 V/M Katz MOVED to REMOVE restriction #3, "the owner shall cease the service of food at 10:00 p.m.", so that as long as the law allows him to stay open he can serve both food and wine and beer, SECONDED by Comm. Mishkin. VOTE: ALL VOTE AYE Mayor Abramowitz requested City Attorney Kraft explain what the results of this action could be at the next Planning and Zoning meeting. a. VOTE: ALL VOTE AYE b. City Attorney Kraft read Temp. Reso. #6854 by Title. Comm. Machek MOVED to APPROVE Temp. Reso. #6854, SECONDED by V/M Katz. Ulysses Telegadis, Petitioner, waived his Quasi -Judicial rights. b. VOTE: ALL VOTE AYE 16. a. approving a special use exception requested by Maria Linares, tenant for Bay 4621 of THREE LAKES PLAZA, d/b/a Hot Taco, to permit the operation of a restaurant in this plaza located at the southwest corner of Commercial Boulevard and NW 31 Avenue. Petition 21-Z-94 APPROVED-RESOLUTION-R-94-218-PASSED b. QUASI -JUDICIAL —MOTION TO ADOPT Igmn. Reso. #6856 approving a special use exception requested by Maria Linares, tenant for Bay 4621 of THREE LAKES PLAZA, d/b/a Hot Taco, for the on -premises consumption of beer and wine at a proposed restaurant in this plaza located at the southwest corner of Commercial Boulevard and NW 31 Avenue. Petition 22-Z-94 APPROVED-RESOLUTION-R-94-219-PASSED a. City Attorney Kraft read Temp. Reso. #6855 by Title. Comm. Schreiber MOVED to APPROVE Temp. Reso. #6855, SECONDED by Comm. Machek. City Commission Regular Meeting 10/12/94/KH Page 14 b. City Attorney Kraft read Temp. Reso. #6856 by Title. Comm. Schreiber MOVED to APPROVE Temp. Reso. #6856, SECONDED by Comm. Mishkin. Ceasar Linares, representative for Maria Linares, waived his Quasi - Judicial rights. Mike Vonder Muelen, AICP, Director of Planning, recommended approval. a. VOTE: ALL VOTE AYE b. VOTE: ALL VOTE AYE REPORTS 19. City -Commission Comm._Machek - Stated she attended the Orange Bowl Pageant with Comm. Schreiber and his wife. She commended Ed Doyle, Operations Manager, and Lauren Scott, Activities Supervisor, for their work on the Orange Bowl Pageant. V/M Katz - Apologized for not being at the Orange Bowl Pageant but it was his 50th Wedding Anniversary. He spoke on the Homeless Shelter which was proposed for unincorporated Broward County and how it would affect Tamarac. He stated he has arranged for payment of 2 sign permits totaling $150.00. Comm. Schreiber - Stated he attended the Orange Bowl Pageant and it was done very well. He said the Homeless Shelter belongs in Fort Lauderdale and he is glad to see Hot Taco coming to Tamarac. Tape 5 O •uu u 11,7111132M-•• Mayor Abramowitz - On October 11, 1994 at 9:00 a.m. the only sanctioned White House Conference on Alzheimer's will be held at the Airport Hilton. 20. City Attorney-- No report 1 n City Commission Regular Meeting 10/12/94/KH Page 15 21. Qty Managm - Stated there is a new item on the Agenda, Informational Item, and Stanley Hawthorne, Finance Director, will be available to answer questions on investments. Mayor Abramowitz ADJOURNED the MEETING at 10:00 p.m. CAROL A. EVANS, CIVIC CITY CLERK *1NORMAN ABRAMOWITZ MAYOR CITY OF TAM AC APP VED AT MEE" NEG GP 4 City Clerk