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-
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