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HomeMy WebLinkAbout1993-10-13 - City Commission Regular Meeting MinutesCITY OF TAMARAC CITY COUNCIL REGULAR MEETING WEDNESDAY, OCTOBER 13, 1993 1 Mayor Bender called this meeting to order on Wednesday, October 13, 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. PRfl!SENT • Mayor H. Larry Bender Vice Mayor Irving Katz Councilman Norman Abramowitz Councilman Joseph Schreiber Councilman Henry Schumann ALSO PRESF'.NZ,; John P. Kelly, City Manager Mitchell S. Kraft, City Attorney Carol A. Evans, City Clerk Karen Jackson, Secretary 5. Items listed under Consent Agenda, Item 5, 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. g. MOTION TO APRE = I a Water and Sewer Developer's Agreement for Phase I Development in LAND SECTION 6 (PHASE I) CAPTIVA and SANIBEL. ,aYNopSIs Off'„• ACTS, O Removed for discussion. (See Page 4 for Final Action) C/M Schreiber MOVED to REMOVE for discussion, SECONDED by C/M Abramowitz. VOTE: ALL VOTED AYE f• authorizing the appropriate City officials to execute an Agreement with the American Association of Retired Persons (AARP) to provide the City of Tamarac with part-time temporary employees at no cost or liability to the City. Removed and then TABLED. Mr. Kelly request Consent Agenda Item 5.f, be removed from this meeting and TABLED. C/M Abramowitz MOVED to REMOVE and TABLE Consent Agenda Item 5.f., SECONDED by V/M Katz. VOTE: ALL VOTED AYE 1•PRESENTATION by Mayor Bender of a proclamation designating October 13, 1993, as "B'NAI B'RITH DAY". SYNOPSIS OF ACTION Presentation was made by Mayor Bender to David Kauffman. Mayor Bender presented a proclamation to David Kauffman Regular City Council Meeting 10/13/93/PP Page 2 2, PRESEEZUIQN by Mayor Bender of a proclamation designating October 23-31, 1993, as "RED RIBBON WEEK". SYNOPSIS OF ACTION Announcement was made that the proclamation was mailed. Mayor Bender said the proclamation would be mailed. 3. ANNOUNCEMENT of the expiration of the terms of office for positions on the following boards and committees: Board of Adjustment Code Enforcement Board Consumer Affairs Committee Insurance Advisory Board Investment Advisory Committee Parks and Recreation Board Public Information Committee Social Services Board Urban Forestry Committee Veterans Affairs Committee If any Tamarac resident is interested in serving on any board or committee, 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 board and committee members shall serve until appointments are made by Council. SYNOPSIS OF AQ:CJON Announcement was made that the appointments are scheduled to be made during the Regular Council meeting to be held on October 27, 1993 at or after 9:00 a.m. Mayor Bender made the announcement. 4. 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. Hy Steinberg, resident, referred to Section 7-54 of the Code and said he opposed open pit burning at Land Section 8. Gil Narins, President of Kings Point Civic Association, voiced the concerns of said Association as well as the North Broward Coalition and objected to open pit burning at Land Section 8. Abe Finkel, President of Westwood 6 Association, voiced his concerns about the entrance onto Southgate Boulevard created by Pulte Homes and said Southgate Boulevard would become a dangerous thoroughfare. Irving Polk, resident, said he objected to open pit burning and said it would be cheaper to remove the debris with trucks. Abe Garr, President of the Northwest Coalition, asked why C/M Schreiber Approved open pit burning at Land Section 8. Sol Regen, Lakes of Carriage Hills resident, discussed the $2 for canal cleaning and said his community was not connected to any waterway. V/M Katz said residents at Lakes of Carriage Hills would pay $2 under the same conditions because the City was responsible for cleaning all waterways. Sylvia Weissman -McConnell, Isles of Tamarac resident, said she opposed forced air burning. Lou Belkin, resident, questioned the cost to purchase a new Xerox 1 Ll 1 Regular City Council Meeting 10/13/93/PP Page 3 copier versus the cost ($7,814.76) of leasing plus the cost per copy. C/M Schreiber said Purchasing advised it would cost almost $38,000 over four -years and it was cheaper to lease. Milt Siegel, President of Isles of Tamarac Homeowners Association, expressed his thoughts regarding forced air burning. Melvin Amchir, President of Tamarac Flag Football, asked what would be done about the fields at Tract 27 on Nob Hill Road. C/M Schumann said fields were wet because of torrential rains and discussion continued. Mayor Bender suggested that Mr. Amchir speak with City Manager Kelly or C/M Schumann. 5. Items listed under Consent Agenda, Item 5, 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. MOTIQN TO APPEMM the minutes of the following City Council meetings: 1. 8/26/93 - Special Meeting 2. 9/07/93 - Special Meeting 3. 9/08/93 - Regular Meeting APPROVED b. NOXION TO APREMM the attendance of the City Clerk and Office Manager at the Florida Association of City Clerks Certification Institute (Third Year) November 15-19, 1993, in West Palm Beach, Florida. -r C. MOTION TO APPRM renewal of a model sales permit for MISSION LAKES/CORAL CREEK, Unit 107, 6900 Southgate Boulevard, for a six-month period from 11/24/93 to 5/24/94. d. renewal of a model sales permit for WESTWOOD PINES, Bldg. 5, Unit 523 and 525, for a six-- month period from 11/14/93 to 5/14/94. R.I. 4,•- • • -r e. MOTTOS TO APEROVE lease of a replacement Xerox #5365 Copier for use in the City Clerk's office under Dade County Public Schools Bid #160-N-1 at a cost of $651.23 a month plus $.0091 per copy. SYNOPSIS OF ACTT APPROVED V/M Katz MOVED to APPROVE Consent Agenda Items 5.a. thru o., SECONDED by C/M Schumann. Regular City Council Meeting 10/13/93/PP Page 4 VOTE: ALL VOTED AYE g. MOTION TO APPROVE a Water and Sewer Developer's Agreement for Phase I Development in LAND SECTION 6 (PHASE I) CAPTIVA and SANIBEL. SYNOPSIS OF ACZUW Removed for discussion on Page 1 and APPROVED contingent upon the Developer/Contract Purchaser providing documentation acceptable to the City that the owner joins in the Agreement and agrees to be jointly and severally liable for the responsibilities of the Developer/Contract Purchaser enumerated in the Agreement and subject to the Developer/Contract Purchaser providing the adequate documentation within 30 days. C/M Schreiber discussed the definition of Developer with regard to Pulte Homes and said the Agreement was imperfect. Timothy Hernandez, Vice President of Land for Pulte Homes, said Pulte Homes would become Owner in several weeks and he referred to authorizations from the present owner and the application. C/M Schreiber said the present owner's name should be on the Agreement and discussion followed. City Attorney Kraft said the Agreement could proceed with certain conditions and discussion followed. V/M Katz MOVED APPROVAL, SECONDED by C/M Schreiber. Discussion was held regarding the owner and undisclosed principle and Mr. Hernandez said the owner was the Pritzker Family, i.e., Leadership and discussion continued. V/M Katz AMENDED the MOTION that the Agreement was contingent upon the Developer/Contract Purchaser providing documentation was acceptable to the City and indicating the owner would join in the Agreement and agree to be jointly and severally liable for the responsibilities of the Developer/ Contract Purchaser enumerated in the Agreement and subject to the Developer/Contract Purchaser providing the adequate documentation within 30 days, SECONDED by C/M Schreiber. VOTE: ALL VOTED AYE 6. DISCUSSION AND POSSIBLE ACTION regarding Pulte Homes forced air burning request. (Tabled 9/29/93) SYNOPSIS OF ACTION No action taken. (See Page 5) C/M Abramowitz commented on Pulte Homes and said in 1989 the City was opposed to open pit burning. TAPE 2 He said City Attorney Kraft was requested to amend the Code to revoke burning at Land Section 7. He referred to Pulte Homes and disposal of debris and suggested Pulte Homes withdraw the request. 14. MOTION T RECONSIDER Item #21 from the September 22, 1993 City Council meeting regarding Pulte Homes forced air burning request on Land Section 8. 1 1 1 Regular City Council Meeting 10/13/93/PP Page 5 SYNOPM_Qr ACTION: Item reconsidered and burning by Pulte DENIED. Mayor Bender said forced air burning was discussed on September 22 and TABLED on September 29 and there was more information now and the item could be reconsidered. C/M Schreiber MOVED to DISCUSS and RECONSIDER, SECONDED by C/M Schumann. C/M Schreiber said Item #21 was agendized on September 22 even though the Code only allowed burning at Land Section 7. He read a statement (Attachment #1) which indicated he would only APPROVE if the Fire Department monitored on a daily basis and Pulte would stop if there were sufficient complaints. He said he opposed open pit burning. C/M Abramowitz questioned whether it was legal to revisit and reconsider. City Attorney Kraft said, yes. VOTE: ALL VOTED AYE Mr. Hernandez said Pulte Homes changed the site plan many times and open pit burning was allowed in municipalities in Broward and Palm Beach Counties. He discussed the merits of open pit burning, i.e., cleaner, no traffic, closely monitored, cost effective, and operations would stop at the City's request. Mayor Bender agreed there was insufficient information on September 22, the Item was TABLED on September 29 and there would be smoke when the pits were turned on or shut down. He said he opposed open pit burning. V/M Katz said his community and the adjacent communities were in close proximity to an area where burning took place and there were no complaints from the residents of Tamarac. He said the City Manager of North Lauderdale was asked to check with his City Clerk while the burning was in progress and three complaints might have been received. C/M Abramowitz said he would not vote if there was insufficient information and minor and Emergency items should be agendized at the last minute. He MOVED to DENY REQUEST regarding Item #21 from the September 22, 1993 City Council meeting regarding Pulte Homes forced air burning request. C/M Schumann questioned whether Chief Jim Budzinski had ever witnessed forced air burning. Chief Budzinski said, yes, very little smoke during the burn; however, there was smoke when the burn was first started and when being put out. He said the State and Broward County and City issued restrictions. C/M Schumann asked which trees would be burned. Mr. Hernandez answered, Brazilian Pepper and some Melaleuca. There was discussion and V/M Katz SECONDED the MOTION. VOTE: ALL VOTED AYE 6• 121SCUSSZON AND POARTIRT.r. ACTION regarding Pulte Homes forced air burning request. (Tabled 9/29/93) Applicant withdrew the application. (See Page 4) C/M Abramowitz MOVED to REMOVE Item 6. from the agenda. Mr. Hernandez said he would withdraw the application. Regular City Council Meeting 10/13/93/PP Page 6 Mayor Bender requested a recess at 8:15 P.M. and the Meeting reconvened at 8:22 P.M. with the same people in attendance. RESOLUTIONS_ 7, approving the Hart-T-Tree Farm conducting a pumpkin sale from October 13 through 31, 1993 and to conduct a Holiday Tree Salo from November 25 through December 25, 1993, on property located at NW 64 Street and University Drive. SYNOPSIS OF ACTION: RESOLUTION R-93-127-PASSED APPROVED City Attorney Kraft read Temp. Reso. #6561 by Title. C/M Schreiber MOVED to APPROVE Temp. Reso. #6561, SECONDED by C/M Abramowitz. Mike Vonder Meulen, AICP, Senior Planner, said all fees were paid. C/M Abramowitz asked if the vendor was a charitable Organization. City Attorney Kraft said, no, and there were no limitations on the number of vendors if space was available. C/M Schumann said the fees would be $404 for two months and there was no further discussion. VOTE: ALL VOTED AYE 8, approving a revised site plan and action plan for the University Medical Center (7710 Building), which includes the construction of 4,745 sq. ft. of additional medical office space located on the south side of NW 71 Ct., west of University Drive (south of University Hospital). Case No. 40-SP-93. �,•- •• +ski �•, City Attorney Kraft read Temp. Reso. #6562 by Title. V/M Katz MOVED to APPROVE Temp. Reso. #6562, SECONDED by C/M Abramowitz. V/M Katz questioned Broward County's responsibilities relative to the level of service. Mr. Vonder Meulen said Broward County did not have to proceed if the action plan was approved at the same time as the site plan and once a parcel was platted. Discussion was held on compact deferral areas, action plan, level of service on the roads, Florida Department of Transportation and trips and jurisdiction. Mr. Vonder Meulen said only the City had jurisdiction over the action plan. Discussion continued on Impact Fees, Broward County's Trafficways Plan, trips, road segments and the traffic study done by Keith and Schnars. C/M Schumann suggested a Workshop with the Engineers. Kathy Sweetapple, representing Keith and Schnars, said Broward County was told the number of square feet requested by the developer. She discussed the Trip Model and mentioned a total of 80 trips with 32 trips assigned to external roadways and six of the 32 were considered "over the capacity" and caused a compact deferral area. She said there was no necessity for the action to go before Broward County for plat approval and 51,200 was the maximum number cars a roadway could handle as determined by the State of Florida. TAPE 3 1 Regular City Council Meeting 10/13/93/PP Page 7 1 Ms. Sweetapple discussed traffic signals per mile and studies relating to capacity of trips on University Drive from McNab Road north and south, Sample Road and Commercial Boulevard, respectively. She discussed the studies, segments, trips and concurrency in Broward County and the total amount of trips was under 51,200. C/M Schumann said the area between McNab Road and Commercial Boulevard was over capacity and traffic problems would not be alleviated if the area in question was extended. Ms. Sweetapple discussed capacity, Broward County and the compact deferral area. Discussion followed. V/M Katz MOVED to TABLE, SECONDED by C/M Schumann. Ms. Sweetapple said Broward County was in the process of adopting other amendments to their Concurrency regulations. VOTE: ALL VOTED AYE 9. rjMION TO ADOPT Tema, RBS2. #6542 authorizing the appropriate City officials to execute an Agreement and Covenant Running with the Land (Hold Harmless Agreement) from Regency Homes for a wall crossing over a 15--foot wide utility easement located in WOODMONT TRACT 56. RESOLUTION R-93-128-PASSED -• • City Attorney Kraft read Temp. Reso. #6542 by Title. C/M Abramowitz MOVED to APPROVE Temp. Reso. #6542, SECONDED by V/M Katz. C/M Schreiber said the same Developer bulldozed trees and built the wall across from the City Hall and he stated his opposition to the wall on University Drive. Mr. Kelly advised the wall had been approved by Council. C/M Schreiber disagreed and discussion followed regarding Broward County's requirements. V/M Katz said the City's Ordinance should be amended. City Attorney Kraft said the Hold Harmless Agreement would benefit the City. VOTE: V/M Katz - AYE C/M Schumann - AYE C/M Schreiber - NAY C/M Abramowitz - AYE Mayor Bender - AYE 10. MOTION TQAPgRM T902- Ord. #1665 on first reading to add Article IX, Section 2-366, to the Code to provide for cable television rate regulation consistent with Federal Communications Commission requirements. SYNOPS S OF ACTION APPROVED on first reading pending research by the City Attorney prior to the second reading. Second reading and public hearing will be held on Wednesday, October 27, 1993 at or after 10:00 a.m. City Attorney Kraft read Temp. Ord. #1665 by Title. C/M Schreiber MOVED to APPROVE Temp. Ord. #1665, SECONDED by V/M Katz. C/M Abramowitz discussed rate regulations, $80,000, the Federal Regular City Council Meeting 10/13/93/PP Page 8 Government, trips and the City of Lauderhill. He questioned whether the City would need to spend a great to rate to comply with the Federal Government. City Attorney Kraft advised he researched the issue and there was no basis for the concerns and he would continue to research Council's concerns. He mentioned 120 days and said the City should have the regulations in place prior November 15th when the FCC would lift the freeze. Mayor Bender said the City filed to regulate or control basic cable charges. City Attorney Kraft said cities regulated basic cable charges and the FCC regulated HBO and Showtime, etc. Mayor Bender discussed the 120 day requirement to challenge the rate structure for basic cable or have the FCC for a final determination. Discussion followed and City Attorney Kraft said Attorney Matthew Liebowitz advised that FCC regulations were still in a state of upheaval. There was discussion and Mayor Bender said Mayor Lieberman suggested that expenses could be divided if surrounding cities got together rather than every city doing it themselves. He suggested getting further information from the City of Lauderhill. C/M Schumann discussed the FCC Form 328 which gave the City authorization to adopt and administer regulations regarding basic cable service. City Attorney Kraft said the form was filed and regulations would be adopted. Mayor Bender reiterated that City Attorney Kraft should do more research in order for Council to have the information for the Second Reading and Public Hearing. City Clerk Carol Evans said Temp. Ord. #1665 would be subject to further research by the City Attorney prior to the Second Reading and Public Hearing. VOTE: ALL VOTED AYE 11. City QUnnfl_ C/M Schumann - NO REPORT V/M Katz said complimented the Public Works and Public Services Staff with regard to lowering the canals. Mayor Bender said he received phone calls regarding sewer back-up at the Woodlands due to eight -inches of rain. C/M Schreiber said a procedure should be implemented and last minute items, other than emergencies, should not be agendized. C/M Abramowitz - NO REPORT Mayor Bender -- NO REPORT 12. City Attorney City Attorney Kraft - NO REPORT Mr. Kelly said he vacationed in Canada which does not allow guns into that Country. He said the City of Coconut Creek would probably approve his contract on Thursday evening, October 14, and if so, he would tender his resignation on Friday morning, October Regular City Council Meeting 10/13/93/PP Page 9 15. C/M Abramowitz wished Mr. Kelly well. V/M Katz suggested scheduling a Workshop in order to discuss a new City Manager after Mr. Kelly's written resignation is received. Mayor Bender concurred. Mayor Bender ADJOURNED the Meeting at 9:05 P.M. I Carol A. Evans, CMC City Clerk 1 1 H. Bender Mayor CITY OF TAMARAC APPROVED AT MEETING OF // i3 10/13/93 CITY COUNCIL MEETING;, ITEK #14 The following is a verbatim transcript of Item #21 from the 9/22/93 City Council Regular meeting: Requested by City Attorney Mitch Kraft Page 1 PULTE/OPEN BURNING ISSUE 21, forced air burning on Land Section 8 pursuant to Section 7-54 of Code. AGENDIZED by Consent. APPROVED with condition that monitoring is done on a daily basis by the Fire Department. -Y/M Katz MOVED to AGENDIZE Item 21, SECONDED by C/M Schumann. i_ . ALL VOTED AYE Is there any items to be added to the Regular Age- tda? Hearing none... Maybe the issue with Pulte Homes, maybe you want to consider. Ah, two are supposed to be here some time this morning. Ah, and his i�s`sue is the ... a request to be able to do the site drawings. Ah, there is probably ... and that needs permission of the Council. Mayor • Do we have any documentation on that? • All you have is what they just faxed to us a few minutes ago. What's the pleasure of the Council? Do you want to put this on the agenda. Katz:VIM Yeah, I'll move to agendize. MAYQr • Alright, Motion been made to agendize, any second on it? • Second it. Motion made and seconded. Call the roll: Councilman Schreiber. Yes. Councilman Schumann. Here. Yes. • Vice Mayor Katz. VZM Katz-i Aye. Mayor Bender. Aye. MavQ9 Bender; Done with the item 21. Per Pat M. Transcribe only discussion held on item (fast forward tape. Kelly! Fifteen and sixteen is Off so the next item should be #21, the Pulte issue. MUOK • Alright, let's go to #21, the Pulte, uh, item. Mr- Kelly-: Tim Hernandez. Do you want to make your statement on that? The following is a verbatim transcript of Item #21 from the 9/22/93 guested by City Council Regular meeting; Page 2 City Attorney Mitch Kraft Pa In ondence cherispadvvisingythatou ethey a this morning from, uh, Mr. Hernandez, proceed with the land clearing in our Y are planning to in the City week and Hardrives is their mover and theyects anticipate usingthis forced air burning procedures that we have used successfully on Land Section 7 in the past. Uh, because it is quick, is desirable, it's, we feel it is environmentally responsible and they are making that pitch also. He needs to have authorization to be able to do that though. Your Would you identify yourself and give an explanation please. Tim HP_rnnni-1a... Yes, Sir. Tim Hernandez, vice President of Land, Pulte Homes Corporation, South Florida Division, I don't want to add much to what uh, John said. I have our Civil Enalny Jim Mullen, and our Land Development Consultant, Jack McCartney, here with us and they have extensive experience and knowledgeeer, this process. We agree with John, it is much more environmental) sensitive. The alternative to this is to clear it uh g of send hundreds, if not thousands of trucks rumbling ' ship it and streets of Tamarac. I don't really think that that israslegthe itimate alternative. This procedure utilizes an extreme) high than some smoking when it starts, it's muchelessasmokingm, othen Of the typical, above -ground open burning that you are used to. This is all done in a trench with diesel Y think unanimously, it is considered to be the, uh, appropriate, It's, I way to, uh... appropriate, Has this been coordinated with our Fire Department? Yes, Sir. And the Fire Department approved this? As long as they, as he indicates, as long as the Fire Chief is able to approve the location of the burner. that t' Okay' Is that going to be ... excuse me a minute. Is going o be monitored regularly? • Yes, Sir.. Oh, yes, Sir, yes, Sir. Okay. Mr' We have to, in fact, we do it everyday, depending on which that have to get kind of... way the wind Is blowingiandtall wind sblowing elntoourthat iswhat I want City, that to make sure of, when the the City don't get, uh... . You that You can all tell them to me, so. call me, and I don't want • Okay, alright, any other questions? • Mr. Mayor. • Go ahead. �? Land SectionYBu oneoneiendtisbsurounded b single-family homes over there. I surrounded doing this work in Land Section burning, whatever comes out of that burning, is quite a number of effect on the area adjacent to what ur in concerned that the g� going to have an Y are doing. How deep a The following is a verbatim transcript of Item #21 from the 9/22/93 City Council Regular meeting: Requested by City Attorney Mitch Kraft Page 3 trench do you build to, uh, make sure the smoke don't go, and really disturb the entire area? uh, Mt. HPrnAnd,Z.: Eight feet deep. • I am really skeptical about this thing. • Well, it is an eight feet deep trench, um, there is very minimal, uh, um, houses around Section 8, especially if you very carefully look at where we are. CIM • I know where it is, it's my District. I know where it is. And the people, we've got all the homes from, uh, uh, from Sections --grass and so on, Cypress Greens, Waters Edge, and so on, going down as far as Lime Bay. • Right, but mostly, mostly to the east though, I mean, there is virtually nothing to the west... If the smoke starts coming and going, it is going to go there and, uh, and we are going'to,hear people complain. The only reason, the only way that I would approve something like this, is, if you are going to do it on a day-to-day basis. • Yes, Sir. C/M SnhZO1he.r: And I would want to have, the City have the authority, if there is enough complaints from the adjacent public, to stop the program, stop it immediately. Mr- liernandBZ3 That is fine. We have no problem with that. • Based on that. condition, I would go with it, you know, to have control. MAYOr • Well, that is exactly what I said. It being monitored. We are going to have our Fire Department monitor it. That's what I am saying. C/M S.ChreibP_r; Fine. MaYnr • As long as it is going to be monitored, we don't have to wait for complaint calls. If it is not being done properly, we'll control i Any other discussion on it? Call the roll on it. • C/M Schumann. • Yes. • C/M Schreiber. • Yes. V/M Katz. M/M Kam. Aye. Ms- Ma r0iri-: Mayor Bender . Aye. • Thank you. I appreciate your consideration on short notice. I appreciate it. avo.LZ&IIdeX.; Okay. Now, we still have a half hour. NOTE: C/M Abramowitz came late to this meeting and was not involved in the discussion.