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HomeMy WebLinkAbout1993-11-10 - City Commission Regular Meeting MinutesCITY OF TAMARAC CITY COUNCIL REGULAR MEETING WEDNESDAY, NOVEMBER 10, 1993 CALL TO ORDER: Mayor Bender called this meeting to order on Wednesday, November 10, 1993, at 7:00 P.M.. in Council Chambers of Tamarac City Hall, 7525 Northwest 88th Avenue, Tamarac, Florida. PLEDGE OF ALLEGIANCE: Mayor Bender called for the Pledge of Allegiance. PRESENT* Mayor H. Larry Bender Vice Mayor Irving Katz Councilman Norman Abramowitz Councilman Joseph Schreiber Councilman Henry Schumann ALSO PRESENT: Dina M. McDermott, Interim City Manager Mitchell S. Kraft, City Attorney Carol A. Evans, City Clerk Phyllis Polikoff, Secretary ****************************************************************** 17. MOTIQX 10 ADOPT Temn., Reso, 16586 authorizing the appropriate City Officials to execute a release in settlement of all claims between the City of Tamarac and Federal Deposit Insurance Corporation as a receiver for Goldome Savings Bank and Sun Island Realty, Inc., continuing the September 14, 1983 Developer Agreement for Tamarac Marketplace in full force and effect. SYNOPSIS OF AQTiON: AGENDIZED by Consent. (See Page 9 for discussion and Final Action) C/M Abramowitz MOVED to AGENDIZE, SECONDED by C/M Schumann. ALL VOTED AYE 18. MOTION.TO AUTHORIZE City Attorney to prepare a revision to the City Code to prohibit burning in Land Section 7. SYNOPSIS OF „AgT I ON : AGENDIZED by Consent. (See Page 9 for discussion and Final Action) C/M Abramowitz MOVED to AGENDIZE, SECONDED by V/M Katz. VOTE: ALL VOTED AYE 1• PUBLIC PARTICTZATIM - 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. (Continued on Page 3) Gene Pollock, Spyglass resident, voiced his concerns pertaining to blasting and requested the Code be amended to eliminate blasting. Gil Narins, President of Kings Point Civic Association, expressed his thoughts regarding blasting and stated he opposed same. Myron Cohen, Landings of Cypress Green resident, voiced his City Council Regular Meeting 11/10/93/PP Page 2 thoughts with regard to blasting and Pulte Homes and he thanked C/M Abramowitz for helping with the petition. Dr. Irving Ross, Chairman of Cable T.V. in Faircrest 14, discussed Continental Cablevision's rates and the F.C.C. V/M Katz referred to the contract and an easement and suggested Dr. Ross speak with City Attorney Kraft regarding the easement. C/M Abramowitz said many cable companies were invited to submit proposals. Mayor Bender said Continental Cablevision had a non- exclusive franchise agreement with the City. Abe Garr, President of Northwest Broward Coalition, voiced his concerns regarding Pulte Homes and blasting and suggested that Pulte Homes excavate instead of blast. 11. - 6 on first reading concerning a request by Lennar Homes, Inc., to rezone lands north of NW 80 Street and west of Nob Hill Road, otherwise known as the LOMBARDY Recreation Parcel, from R-3 (Low Density Multi -Family Residential) to S-1 (Open Space/Recreation). Petition 30--Z-93 SYNOPSIS OF ACTION• Public Hearing held. APPROVED on First Reading. City Attorney Kraft read Temp. Ord. #1666 by Title. C/M Schreiber MOVED to APPROVE, SECONDED by C/M Schumann. Mike Vonder Meulen, AICP/Senior Planner, read the Findings of Fact and said the application was consistent with the Land Development Code and the Comprehensive Plan for recreation and open space. Mayor Bender OPENED and CLOSED the Public Hearing with no discussion. VOTE: ALL VOTED AYE 12, - 7 on first reading concerning a request by Lennar Homes, Inc., to rezone lands north of Westwood Drive and east of Nob Hill Road, otherwise known as the MALVERN Recreation Parcel, from R-3 (Low Density Multi -Family Residential) to S-1 (Open Space/Recreation). Petition 31-Z-93 SYNOPSIS OF ,AQT JQN Public Hearing held. APPROVED on First Reading. City Attorney Kraft read Temp. Ord. #1667 by Title. C/M Schreiber MOVED to APPROVE, SECONDED by C/M Schumann. Mr. Vonder Meulen read the Findings of Fact and said the applicant was the same but the project was Malvern. Mayor Bender OPENED and CLOSED the Public Hearing. VOTE: ALL VOTED AYE 13. RtMLIQ HEARING - 8 on first reading concerning a request by Thomas Bennett, Trustee, to rezone lands north of McNab Road and east of NW 70 Avenue (MCNAB ROAD SUBDIVISION) from R-3U (Rowhouses) to RM-10 (Planned Apartments). Petition 28-Z-93 C City Council Regular Meeting 11/10/93/PP Page 3 4 SYNOPSIS or ACTION; - Public Hearing held. APPROVED on First Reading. Richard Wohlfarth, Applicant's representative, voluntarily offered to provide a deed restriction to be placed on this property for the 11/24/93 City Council meeting, reflecting that 60 single-family homes will be built on this site. City Attorney Kraft read Temp. Ord. #1668 by Title. V/M Katz MOVED to APPROVE, SECONDED by C/M Schreiber. Mr. Vonder Meulen read the Findings of Fact and said the area was east of the Johnvince Food Market. He said the Planning Commissioners Approved the request on October 6 and discussion followed on the property owners, setbacks, who owned the land, what would be built and if any closings had taken place. He said the five owners owned 13 parcels and said owners authorized Thomas Bennett, Trustee, to proceed with the rezoning and site plan approval. Richard Wohlfarth, President of CCL Consultants, said Mr. Bennett acted on behalf of the owners and the closings would take place in two weeks. He said 60 single-family homes would be built and he would be before Council in two weeks regarding the zoning and for Council to review the site plan. He discussed the contract and said all property owners had been under contract for the past six months and were set to close within two weeks. TAPE 2 Mr. Wohlfarth said Mr. Bennett would not close on the property until all City approvals were in place and he would bring assurance in two weeks that 60 single-family homes would be built. C/M Abramowitz asked what would happen if Council did not Approve on the Second reading. City Attorney Kraft said Approval on the First Reading did not bind the City at the Second Reading. Mr. Vonder Meulen reiterated that five owners owned the 13 parcels. Mayor Bender OPENED the Public Hearing. Discussion followed on the acreage, request to rezone and zero lot -lines. Mr. Vonder Meulen said the set -back was 10 feet between buildings in the RM-10 zone. C/M Schreiber asked if a zoning change could be approved subject to the property being developed. City Attorney Kraft said, no, but the developer could voluntarily put a deed restriction on the property. Mr. Vonder Meulen concurred but Council could not impose additional restrictions on a rezoning change. V/M Katz stated the present R-3U zoning did not allow zero lot - lines and he referred to deed restriction and reverting back to R- 3U zoning. Mr. Vonder Meulen said this option was also available. C/M Abramowitz said he believed Mr. Bennett could still build the 60 units. Mr. Wohlfarth agreed and said he would work with the City to draw up the language for the deed restriction. Mayor Bender CLOSED the Public Hearing with no further discussion. VOTE: ALL VOTED AYE City Council Regular Meeting 11/10/93/PP Page 4 1. PIIBLIC 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. (Continued from Page 1) Fred Nacht, resident, yielded his time to Dr. Ross. Les Chernikov, Waters Edge Villas resident, said he opposed the proposed blasting. Harold Newman, President of Tamarac Civic Coalition, commented on Judge Fleet's decision regarding C/M Abramowitz, reelections and legal fees incurred if Council decided to appeal. 2. Items listed under Consent Agenda, Item 2, 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. 8 authorizing the appropriate City officials to execute the Assignment of Recreational Lease and Restrictions to TAMARAC DES NORTH ASSOCIATION, INC. SYNOPSIS OF ACTION: RESOLUTION R-93--151--PASSED APPROVED b. MOTION TO APPROVE renewal of a model sales and administrative facility permit for COLONY COVE in Building 3, Unit 15, 6700 NW 88 Avenue, for a six-month period from 11/24/93 to 5/24/94. C. MOTION TO APPROVE a model sales permit and waiver of the 300-foot distance requirement for issuance of certificates of occupancy for PLUM BAY/PLUM HARBOR (LAND SECTION 8) for a six-month period from 11/10/93 to 5/10/94 (located north of Commercial Boulevard and east of Nob Hill Road). Petition 4-MS-93 It 1041f^w•)ai.Te-+hbt•) d. MOTION TO APPROVE a model sales permit and waiver of the 300-foot distance requirement for issuance of certificates of occupancy for SANIBEL/CAPTIVA (LAND SECTION 6) for a six-month period from 11/10/93 to 5/10/94 (located west of NW 108 Terrace between McNab Road and Southgate Boulevard). Petition 5-MS-93 City Council Regular Meeting 11/10/93/PP Page 5 C APPROVED e. MOTION TO APPROVE a model sales permit and waiver of the 300-foot distance requirement for issuance of certificates of occupancy for GRANVILLE BUILDING H for a six-month period from 11/10/93 to 5/10/94 (located east of NW 108 Terrace, south of NW 80 Street). Petition 6- MS--93 f. MOTION TO APPROVE a model sales permit and waiver of the 300-foot distance requirement for issuance of certificates of occupancy for MALV'ERN CLUSTER "N" for a six-month period from 11/10/93 to 5/10/94 (located east of Nob Hill Road, north of Westwood Drive). Petition 7- MS-93 4,•' •' •� .. r [• /. g. 0 releasing performance Letter of Credit 24090 in the amount of $21,289 posted for the water distribution system improvements at GRANVILLE PHASE I subject to receipt of a one-year warranty bond in the amount of $7,871.83. RESOLUTION R-93-152-PASSED h. 9 releasing Performance Bond #256236-93 in the amount of $2,600 posted for fire hydrant installation at the GRACE BRETHREN CHURCH. project, 2800 W. Prospect Road, as the owner decided against hydrant installation; the site is in the City of Fort Lauderdale with City of Tamarac water service. RESOLUTION R-93-153-PASSED i. MQTION TO ADOPT To►yn. Reno. 153fll accepting a bill of sale for the water distribution and sewage collection system improvements offered by Regency Homes, Inc., for the WOODMONT TRACT 67 (WOODMONT GREENS) project. 4,•- • •, F."IMUMILM j• MQTIQN TO APPROVE Sewer Developer's CENTER to increase 4,11 • act •. 14.0 •, RESOLUTION R-93-154-PASSED a First Amendment to the Water and Agreement for PARK PLACE THERAPEUTIC the size of the irrigation meter. C/M Schreiber MOVED to APPROVE Consent Agenda Items 2.a. through 2.j, SECONDED by C/M Abramowitz. VOTE: ALL VOTED AYE City Council Regular Meeting 11/10/93/PP Page 6 3. MOTION TO APPROVE the purchase of fire hydrants, tapping sleeves, valves and related appurtenances to replace, repair and install new items in the City service area to maintain adequate water and sewer needs from Sav-On Utility Supplies, Inc., in accordance with the prices contained in Bid #92-08 for Project 90-19, Fire Hydrant Program. C/M Abramowitz MOVED to APPROVE, SECONDED by C/M Schumann. Vernon Hargray, Public Services Operations Manager, said the request was consistent with the Capital Improvement Program regarding replacement and installion of new fire hydrants. VOTE: ALL VOTED AYE 4. a. MOTION TO APPROVE the purchase of utility pipe, fittings and appurtenances for the following Utilities projects in accordance with the prices contained in Bid #92-25: 92-03 Galvanized Service Line Replacement 92-04 Water Valve Replacement and Repair 92-05 Sewage Valve Replacement and Repair b. MOTION TO APPROVE extension of the annual renewal option for the remaining two year term of the contract with Sav--On Utility Supplies, Inc., under Bid #92-25, provided that the supplier agrees to extend unit prices at the end of each contract year for TUW Projects 92-03, 92-04 and 92-05. SYNOPSIS OF ACTION: APPROVED 4.a. and 4.b. C/M Schreiber MOVED to APPROVE , SECONDED by C/M Abramowitz. a) V/M Katz asked if any valves broke due to the Valve Exercise Program. Mr. Hargray said, no, but many inoperable valves were not maintained and Item 4.a. would repair and replace same. VOTE: ALL VOTED AYE C/M Schumann MOVED to APPROVE, SECONDED by C/M Schreiber. b) Mr. Hargray said Sav-On, the lowest bidder, was asked to keep their prices constant so he could purchase valves and lines at the beginning of the year. C/M Schreiber asked if a study was done to determine if prices had dropped. Mr. Hargray said, yes, and he reiterated that Sav-On had the lowest prices. VOTE: ALL VOTED AYE 5. MOTION TO APPROVE the purchase of two (2) mobile A/C emergency generators in the amount of $38,953 from TAW Power Systems at the prices contained in Bid #92-26 under the contract provisions which provide annual renewal options for three (3) consecutive years provided that the supplier agrees to extend the unit prices of the original bid for TUW Project 92-11. 1 1� City Council Regular Meeting 11/10/93/PP Page 7 I C/M Schreiber MOVED to APPROVE, SECONDED by C/M Schumann. Mr. Hargray said Item 5 was part of the Capital Improvement Program and he mentioned 70 lift stations, four generators and three pumps. C/M Abramowitz asked how many generators were needed to adequately cover the City. Mr. Hargray said six more generators would be needed and he would like to purchase more pumps because it would be cost effective. V/M Katz said former City Engineer Bob Foy stated he wanted to purchase two generators each year. He said to -date, four pumps were purchased within the past two years. VOTE: ALL VOTED AYE 6. MOTION�TQ_APPROVE the purchase of two (2) diesel engines, 4--inch mobile self -priming trash pump units in the amount of $31,900 from Sloan Pump Company, Inc., at the prices contained in Bid #93-04 under the contract provisions which provide annual renewal options for three (3) consecutive years provided that the supplier agrees to extend the unit prices of the original bid for TUW Project 92-12. ,44;logo f-`W)a P.T4-boc 'Z• Jab C/M Schreiber MOVED to APPROVE, SECONDED by C/M Schumann. Mr. Hargray said the trash pumps would allow continued pumping of waste material to Broward County and the trash pumps were an alternative to purchasing a generator. VOTE: ALL VOTED AYE 7. MOTION TO ADOPT,'T=t. Regg, #6582 awarding Bid #93-05 in the amount of $31,485. to Italian American Pavers and Demolition for the installation of pavers on University Drive in accordance with the State of Florida Department of Transportation Pavers Grant Funding Program. RESOLUTION R-93-155-PASSED City Attorney Kraft read Temp. Reso. #6582 by Title. C/M Schreiber MOVED to APPROVE Temp. Reso. #6582, SECONDED by C/M Schumann. Dina McDermott, Acting City Manager, said Item 7 represented a Matching Grant for labor and the Florida Department of Transportation purchased pavers for installation on University Drive from Southgate Boulevard to Commercial Boulevard. VOTE: ALL VOTED AYE 8. MOTION To ADQRT Tg= • RAsO _ ,,,#6585 approving a revised site plan, wall waiver option and height waiver for piers for the UNIVERSITY PROFESSIONAL CENTER (VILLAGE SQUARE); request also includes changes to the exterior, the parking, landscaping and sign structure location (located west of University Drive, north of NW 61 Street). Petition #46-SP-93 City Council Regular Meeting 11/10/93/PP Page 8 SYNOPSYS OF ACTIONS RESOLUTION R-93-156-PASSED APPROVED subject to: (1) Developer will comply with new City Parking Lot Lighting Code, Section 24--579. (2) Trees in the landscape islands will be those that do not grow higher than 12- feet so that no blockage of parking lot lighting occurs. City Attorney Kraft read Temp. Reso. #6585 by Title. C/M Abramowitz MOVED to APPROVE Temp. Reso. #6585, SECONDED by C/M Schreiber. Mr. Vonder Meulen read the Findings of Fact and said major revised site plan approval was requested for a project on University Drive. He said Staff and the Planning Commissioners recommended Approval. V/M Katz requested a stipulation on the site plan that the Applicant would comply with Parking Lot Lighting Section 24-579 of the Code and limit height of trees in the medians to a maximum of 12 feet. Jack Hawk, representing Fulwider Harrell Architects, said Jorge Camacho purchased the property in May, 1993. V/M Katz reiterated his request for a stipulation with regard to lighting and trees on the site plan. Mr. Hawk said Applicant would comply and the requested was not a problem. Mr. Vonder Meulen concurred. VOTE: ALL VOTED AYE 9. 3 approving a Delegation Request by Pulte Home Corporation to change the note on the face of the LAND SECTION 6 NORTH PLAT from 280 townhomes (351 were approved by Council 2/10/93) on Parcels A & B and private recreation and open space on Parcel C to 359 townhomes on Parcels A & B and private recreation and open space on the south 160-feet of Parcel B and all of Parcel C and a shift of the non -vehicular access line along Southgate Boulevard (located on the southeast corner of Southgate Boulevard and the Sawgrass Expressway). SXHO$,=,g OF ACTION: RESOLUTION R-93-157-PASSED APPROVED City Attorney Kraft read Temp. Reso. #6583 by Title. C/M Schreiber MOVED to APPROVE Temp. Reso. #6583, SECONDED by C/M Schumann. C/M Abramowitz asked if the request reflected lower density. Mr. Vonder Meulen said the request matched what was Approved on the site plan. Discussion followed on quantity of units and densities and Mr. Vonder Meulen said the site plan showing the new entrance on Southgate Boulevard would be presented again to Council on November 24 and 359 units was Approved on the original site plan although 351 were proposed. VOTE: ALL VOTED AYE 10. 4 approving a Delegation Request by Pulte Home Corporation to change the note on the face of the LAND SECTION 6 SOUTH PLAT from 104 townhomes on Parcels B & C and 94,000 S.F. of commercial on Parcel A to 143 townhomes on Parcels A, B and C (located on the northeast corner of McNab Road and the Sawgrass Expressway). City Council Regular Meeting 11/10/93/PP Page 9 RESOLUTION R-93-158-PASSED City Attorney Kraft read Temp. Reso. #6584 by Title. V/M Katz MOVED to APPROVE Temp. Reso. #6584, SECONDED by C/M Schreiber. , Mr. Vonder Meulen read the Findings of Fact and said the Delegation Request matched the site plan which Council previously Approved. He said the total would be 143 units and Broward County would charge for Parks and Recreation, schools and traffic. VOTE: ALL VOTED AYE 17. MOTION TO ADOPT Tema_ Reso_ #6586 authorizing the appropriate City Officials to execute a release in settlement of all claims between the City of Tamarac and Federal Deposit Insurance Corporation as a receiver for Goldome Savings Bank and Sun Island Realty, Inc., continuing the September 14, 1983 Developer Agreement for Tamarac Marketplace in full force and effect. Agendized by Consent. APPROVED (See Page 1) City Attorney Kraft read Temp. Reso. #6586 by Title. C/M Abramowitz MOVED to APPROVE Temp. Reso. #6586, SECONDED by C/M Schreiber. City Attorney Kraft said the City has held the money representing the Feder l Deposit Insurance Corporation versus Goldome Savings Bank and-ASun Island Realty, Inc., since August, 1993. V/M Kati ssked if Federal Deposit Insurance Corporation was ready to rent any stores and if there was a valid Water and Sewer Developers Agreement. City Attorney Kraft said he did not know about the stores and the original Agreement would continue. V/M Katz said there was no Agreement and utilities were turned off because the bills were not paid. VOTE: ALL VOTED AYE 18. MOTJQN TO AUTHORIZE City Attorney to prepare a revision to the City Code to prohibit burning in Land Section 7. SYNOPSIS_ 4X ACTION; Agendized by Consent. APPROVED (See Page 1) C/M Abramowitz said Council should direct City Attorney Kraft to prepare documentation to remove Burning from the Code with regard to Land Section 7. He said burning was the result of Council Action. C/M Abramowitz MOVED to AUTHORIZE City Attorney to prepare a revision to the Code prohibiting burning in Land Section 7, SECONDED by C/M Schreiber. City Attorney Kraft said his research was the result of Minutes and Council Action regarding the original Adoption of Section 7-54 in the Code and the burning was the result of Council Action. TAPE 3 VOTE: ALL VOTED AYE City Council Regular Meeting 11/10/93/PP Page 10 14. Cry Council C/M Schumann - NO REPORT V/M Katz - NO REPORT C/M Schreiber - NO REPORT C/M Abramowitz - NO REPORT Mayor Bender - NO REPORT 15. City &ttorna City Attorney Kraft - NO REPORT 16. Citv_ManwAs Acting City Manager - NO REPORT Mayor Bender ADJOURNED the Meeting at 8:20 P.M. �,4��- Carolol A. Evans, CMC City Clerk H. A. Bender Mayor CITY OF TAMARAC APPR AT MEETING OF City Clerk I- Fi'