HomeMy WebLinkAbout1989-12-06 - City Commission Regular Meeting Minutes0� .T
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RECORD OF COUNCIL ACTIONS/DISCUSSION
CITY OF TAMARAC
CITY COUNCIL
REGULAR COUNCIL MEETING
WEDNESDAY, DECEMBER 6, 1989
CALL TO ORDER: 7:00 P.M.
ANNOUNCEMENT OF TIME ALLOCATIONS - MOTIONS TO TABLE - The Chair
at this time will announce those items which have been given a
specific time to be heard, and will entertain motions from
Council members to table those items which require research.
Council may agendize by majority consent matters of an urgent
nature which have come to Council's attention after
publication.
INTRODUCTION
1. a. PRESENTATION by Mayor Abramowitz of a proclamation
designating the month of December, 1989, as "NATIONAL
ASSOCIATION OF RETIRED FEDERAL EMPLOYEES SERVICE
MONTH".
b. PRESENTATION by Mayor Abramowitz of a proclamation
designating the week of December 11 -- 17, 1989, as
"WEEK OF THE READ CAMPAIGN".
FINAL ACTION:
a. PRESENTATION was made to Willard Zweig.
b. PRESENTATION was made to Janet Hanson, President of
the READ Campaign.
CONSENT AGENDA
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 items) will be removed from the Consent
Agenda and will be considered separately.
City Clerk
a. MOTION TO APPROVE the minutes of the following City
Council meetings:
1. 10/31/89 - Special Meeting
2.. 11/06/89 - Special Meeting
3. 11/07/89 - Special Meeting
FINAL ACTION:
APPROVED 2.a.1., 2.a.2., 2.a.3.
Page 1
12/06/89
2. b. MOTION TO APPROVE renewal of a model sales permit for
WOODMONT TRACTS 74/75, Site Plans 1 and 3, for a six
month period from 1/12/90 to 7/12/90.
FINAL ACTION:
APPROVED.
C. MOTION TO APPROVE renewal of a model sales permit for
BOARDWALK APARTMENTS (CONCORD VILLAGE II)
administrative facility, Building 10, Unit 8650, for a
six-month period from 12/25/89 to 6/25/90.
FINAL ACTION:
APPROVED.
d. MOTION TO APPROVE renewal of a model sales permit for
HIDDEN HARBOUR for a six-month period from 12/24/89 to
6/24/90.
FINAL ACTION:
APPROVED.
Community Development
e. MOTION TO ADOPT Temp Reso. #5615 approving the
Frans er of a special excep ion to permit a restaurant
at PLAZA DEL SOL, 8765 NW 57 Street, from Craig
Carlino, d/b/a DaVinci's Italian Restaurant, to Robert
P. Smith, President, d/b/a Peppino's Restaurant.
FINAL ACTION: RESOLUTION NO. R-89-301 PASSED.
APPROVED.
f. MOTION TO APPROVE the attendance of Judy Yacobellis,
Occupational Licensing Supervisor, at the Florida
Association of Occupational Licensing Officials Second
Annual State Conference on January 24-26, 1990, in
Orlando, Florida.
FINAL ACTION:
APPROVED.
Engineering/Utilities
g. MOTION TO APPROVE Change Order #1 to the contract with
Token Deve opmen , Inc., to extend the completion date
by ninety (90) days for TUW Project 88-54A, A/C Water
Line Replacement Along 61 Street, due to delays in
work commencement; new completion date will be 3/4/90.
FINAL ACTION:
APPROVED.
h. MOTION TO APPROVE Change Order #1 to the contract with
utilities Services, Inc., to extend the completion
date by thirty (30) days for TUE Project 87-13,
Rehabilitation of Sewage Pump Stations 3E and 4E, due
to delays by FP&L; new completion date is 12/18/89.
FINAL ACTION:
APPROVED.
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12/06/89
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2. i. MOTION TO ADOPT Tern . Reso. #5616_ approving an
agreement with Varian Instrument Group for the sole
source purchase of maintenance on selected gas
chromatography equipment in the Water Treatment Plant
in the amount of $4,061.25 for the period 10/1/89
through 9/30/90.
FINAL ACTION:
APPROVED RESOLUTION NO. R-89-302 PASSED.
General. Administrative
J. MOTION TO ADOPT Temp. Reso._#5626 requesting that
Broward County Traffic Engineering Division implement
a speed limit reduction from 30 MPH to 25 MPH on
streets within Springlake Villas.
FINAL ACTION: RESOLUTION NO. 89-303 PASSED.
APPROVED.
CONSIDERATIONS
Personnel/Insurance
3. MOTION TO APPROVE the transfer of $5,545.00 from General
Contingency Account #001-872-588-975 to Disability
Insurance Account #001-872-519-45W to provide funding for
October, 1989, long term disability insurance.
FINAL ACTION:
APPROVED.
RESOLUTIONS
City Council
4. MOTION TO ADOPT Temp. Reso. #5633 appointing an alternate
member to the VETERANS AFFAIRS COMMITTEE.
FINAL ACTION: RESOLUTION NO. R-89-304 PASSED.
APPROVED appointing Wilfred G. Rohring as an alternate
member for a term to expire June 20, 1990.
Community Development
5. MOTION TO ADOPT Temp. Reso. #5595 approving a site plan and
associated documents for WOODALE (tabled on 11/22/89).
(to be located south of Nw 78 Street and east of NW 80
Avenue)
FINAL ACTION:
TABLED to the January 10, 1990 City Council Meeting at the
request of the petitioner.
6. a.
MOTION TO ADOPT
Temp.
Reso.
#5617
approving a plat
for the EXETER
project.
b.
MOTION TO ADOPT
Temp.
Reso.
#5627
approving a
development order
and
associated
documents for the
EXETER project.
(to be located
on the
south
side
of NW 80 Street
between Nob Hill
Road
and NW
108
Terrace)
FINAL ACTION:
APPROVED a & b
RESOLUTION NO. R-89-305 PASSED.
RESOLUTION NO. R--89-306 PASSED.
Page 3
12/06/89
7. a. MOTION TO ADOPT Temp. Reso. #5618 approving a plat
for the KINGS POINT COMMERCIAL PARK project.
b. MOTION TO ADOPT Temp. Reso. #5628 approving a
development order and associated documents for the
KINGS POINT COMMERCIAL PARK project.
(to be located on the south side of NW 80 Street at
Nob Hill Road)
FINAL ACTION:
APPROVED a & b RESOLUTION NO. R--89--307 PASSED.
RESOLUTION NO. R-89--308 PASSED.
8. a. MOTION TO ADOPT Temp. Reso. #5619 approving a plat
for the KINGS POINT PROFESSIONAL PLAZA FIRST ADDITION
project.
b. MOTION TO ADOPT Temp. Reso. #5629 approving a
development order and associated documents for the
KINGS POINT PROFESSIONAL PLAZA FIRST ADDITION project.
(to be located on the south side of NW 77 Street at
Nob Hill Road)
FINAL ACTION:
APPROVED a & b
RESOLUTION NO. R-89-309 PASSED.
RESOLUTION NO. R--89-310 PASSED.
9. a. MOTION TO ADOPT Temp. Reso. #5620 approving a plat
for the LOMBARDY project.
b. MOTION TO ADOPT Temp. Reso. #5630 approving a
development order and associated documents for the
LOMBARDY project.
(to be located on the north side of NW 80 Street at
Nob Hill Road.
FINAL ACTION:
APPROVED a & b RESOLUTION NO. R-89-311 PASSED.
RESOLUTION NO. R-89-312 PASSED.
10. a. MOTION TO ADOPT Temp. Reso. #5621 approving a plat
for the SEDGEFIELD project.
b. MOTION TO ADOPT Temp. Reso. #5631 approving a
development order and associated documents for the
SEDGEFIELD project.
(to be located on the west side of Nob Hill Road
between NW 71 Place and NW 80 Street)
FINAL ACTION:
APPROVED a & b
RESOLUTION NO. R-89-313 PASSED.
RESOLUTION NO. R-89-314 PASSED.
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12/06/89
ENGINEERING/UTILITIES
11. a. MOTION TO ADOPT Temp. Reso #5622 approving an
agreement with The Turbitrol Company for the sole
source purchase of maintenance on selected computer
equipment in the Water Treatment Plant in the amount
of $9,000.00 for the period 10/1/89 through 9/30/90.
b. MOTION TO ADOPT Temp. Reso. #5632 approving an
agreement with The Turbitrol Company for the sole
source purchase of a magnetic tape system and a
colorgraphic terminal in the amount of $24,452.00 for
the City's Telemetering System.
FINAL ACTION:
APPROVED a & b RESOLUTION NO. R-89-315 PASSED.
RESOLUTION NO. R-89-316 PASSED.
ORDINANCES
PUBLIC HEARING - 7:30 P.M.
Community Development
12. PUBLIC HEARING - MOTION TO ADOPT Temp. Ord. #1459 on
second reading to vacate a 50-foot ingress/egress easement
along NW 73 Manor within WOODMONT TRACT 74 for the WOODALE
project (tabled on 11/22/89).
FINAL ACTION:
TABLED to the January 10, 1990 City Council Meeting at 7:30
P.M., at the request of the petitioner.
13. a.
MOTION TO ACCEPT Affidavits of Publication
and Posting
for Temp._Ord. 14666. Petition #34-Z-89
b.
-� _- ]a. Ord.
PUBLIC HEARING MOTION Tem
#1466 on
second reading concerning a request by YOLA
y YOLANDA MAURER
to rezone lands on the south side of Mc Nab
Road,
adjacent to the existing shopping center at
the
southwest corner of Mc Nab Road and Nab Hill
Road, from
R-3 (Low Density Multiple Dwelling) to LI-1
(Light
industrial) to conform to the Broward County
Land Use
Plan. Petition #34-Z-89
FINAL ACTION:
a.
ACCEPTED affidavits. ORDINANCE NO. 0-89-42
PASSED.
b.
APPROVED on second reading. Public hearing
was held.
14. a. MOTION TO ADOPT Temp. Reso. #5614 accepting Deed
Restrictions offered by Tract 24 Associates in
conjunction with Petition #31-Z-89 (tabled on
11/22/89).
b. MOTION TO ACCEPT Affidavits of Publication and Posting
for Temp. Ord. 1464. Petition #31-Z-89 (tabled on
11/22/89
c. PUBLIC HEARING - MOTION TO ADOPT Temp. Ord. #1464 on
second reading concerning a request by TRACT 24
ASSOCIATES to rezone lands at the southeast corner of
Nob Hill Road and NW 81 Street from R 3U (Rowhouse) to
R-4A (Planned Apartments. Petition #31-Z-89 (tabled
on 11/22/89)
FINAL ACTION:
a. APPROVED RESOLUTION NO. R--89-317 PASSED.
b. ACCEPTED Affidavits.
C. APPROVED on second reading. Public hearing was held.
ORDINANCE NO. 0-89--43 PASSED.
Page 5
12/06/89
15. PUBLIC HEARING - MOTION TO ADOPT Temp. Ord. #1463 on
first reading to provide for a development order for a
development of regional impact to be known as WESTPORT and
to be located on approximately 158 acres bordered by the
Sawgrass Expressway to the west, Commercial Boulevard to
the south and Nob Hill Road to the east.
FINAL ACTION:
APPROVED as amended on first reading. Second reading and
public hearing will be held on December 21, 1989 at 7:30
P.M. Public hearing was held.
END OF PUBLIC HEARINGS
Communitv Develor)ment
16. MOTION TO ADOPT Temp. Ord. #1468 on first reading to
amend Ordinance 0-89--23 concerning a rezoning requested by
FUNDAMENTAL HOPKINS EASTON LTD. #11 for a 4-acre parcel at
the southeast corner of VISUAL GRAPHICS PARK at Commercial
Boulevard and NW 94 Avenue from M-2 (Medium Industrial) to
B-3 (General Business) to provide for utilizing the 20%
flexibility provision for commercial uses in industrial
land use area after the adoption of the Tamarac
Comprehensive Plan by the City Council and the
certification of the Comprehensive Plan by the Broward
County Planning Council. Petition #14-Z-89
FINAL ACTION:
APPROVED on first reading. Second reading and public
hearing will be held on December 21, 1989 at 7:30 P.M.
OPEN PUBLIC FORUM
17. OPEN PUBLIC FORUM - Any member of the public who wishes to
address the City Council at this time must, in advance of
the item, give his/her name and address to the City Clerk.
REPORTS
18. City Council
19. City Manager
20. City Attorney
* * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * *
The City Council may consider and act upon such other business
as may come before it.
In the event this agenda must be revised, such revised copies
will be available to the public at the City Council meeting.
Pursuant to Chapter 286.0105, Florida Statutes, if a person
decides to appeal any decision made by the City Council with
respect to any matter considered at such meeting or hearing, he
may need to ensure that a verbatim record of the proceedings is
made which record includes the testimony and evidence upon which
the appeal is based.
Carol A. Evans
City Clerk
Page 6
12/06/89
CITY OF TAMARAC
CITY COUNCIL REGULAR MEETING
WEDNESDAY, DECEMBER 6, 1989
CALL TO ORDER: Mayor Abramowitz called this meeting to Order on
Wednesday, December 6, 1989 at 7:00 P.M. in the Council Chambers.
MEDITATION AND PLEDGE OF ALLEGIANCE: Mayor Abramowitz called for
the Pledge of A egiance o lowe�y a Moment of Silent Meditation.
PRESENT:
ALSO PRESENT:
Mayor Norman Abramowitz
Vice Mayor Dr. H. Larry Bender
Councilman Bruce Hoffman
Councilman Henry Rohr
Councilman Jack Stelzer
John P. Kelly, City Manager
Richard Doody, City Attorney
Patricia Marcurio, Office Manager/
City Clerk's Office
Pauline Walaszek, Special Services
Secretary
INTRODUCTION
1. a. PRESENTATION by Mayor Abramowitz of a proclamation
designating the month of December, 1989, as "NATIONAL
ASSOCIATION OF RETIRED FEDERAL EMPLOYEES SERVICE
MONTH".
SYNOPSIS OF ACTION:
PRESENTATION was made to Willard Zweig.
Mayor Abramowitz read the proclamation and presented it
to Willard Zweig.
Willard Zweig thanked the City Council for the
proclamation on behalf of Chapter 1698, National
Association of Retired Federal Employees Service.
1. b. PRESENTATION by Mayor Abramowitz of a proclamation
designating the week of December 11, 1989 as "WEEK OF THE
READ CAMPAIGN".
SYNOPSIS OF ACTION:
PRESENTATION was made to Janet Hanson,
President, and Irving Katz, Representative,
of the Read Campaign.
Mayor Abramowitz read the proclamation and presented it
to Mr. Katz.
Mr. Katz said he would like to present the proclamation
to Janet Hanson, President of the Read Campaign.
Janet Hanson, President of the Read Campaign, thanked the
City Council for the proclamation. She said Tamarac was
the only City in Broward County which designated a week
for the Read Campaign. She submitted workbooks from the
children in the organization to Mayor Abramowitz.
Page 1
12/6/89-pw
CONSENT AGENDA - ITEM 2 a. through j.
City Clerk
2. a. MOTION TO APPROVE the minutes of the following
Casty CCouncTkmeetings:
1. 10/31/89 - Special Meeting
2. 11/06/89 - Special Meeting
3. 11/07/89 - Special Meeting
SYNOPSIS OF ACTION:
APPROVED 1., 2. and 3.
b. MOTION TO APPROVE renewal of a model sales permit
for WOODMONT TRACTS 74/75, Site Plans 1 and 3, for a six
month period from 1/12/90 to 7/12/90.
SYNOPSIS OF ACTION:
APPROVED.
c. MOTION TO APPROVE renewal of a model sales permit
for BOARKWALK APARTMENTS (CONCORD VILLAGE II) administrative
facility, Building 10, Unit 8650, for a six month period
from 12/25/89 to 6/25/90.
SYNOPSIS OF ACTION:
APPROVED.
d. MOTION TO APPROVE renewal of a model sales permit
oo HIDDEN HARBOUR for a six month period from 12/24/89
to 6/24/90.
SYNOPSIS OF ACTION:
APPROVED.
Community Development
e. MOTION TO ADOPT Temp. Reso. #5615 approving the transfer
of a special exception to permit a restaurant at PLAZA
DEL SOL, 8765 NW 57 Street, from Craig Carlino, d/b/a
DaVinci's Italian Restaurant, to Robert P. Smith,
President, d/b/a Peppino's Restaurant.
SYNOPSIS OF ACTION:
APPROVED.
RESOLUTION NO. R-89-301 - PASSED
f. MOTION TO APPROVE the attendance of Judy Yacobellis
Occupational Licensing Supervisor, at the Florida
Association of Occupational Licensing Officials
Second Annual State Conference on January 24-26,
1990, in Orlando, Florida.
SYNOPSIS OF ACTION:
APPROVED.
Engineering/Utilities
g. MOTION TO APPROVE Change Order #1 to the contract
with Token Development, Inc., to extend the completion
date by ninety (90) days for TUW Project 88-54A, A/C
Water Line Replacement Along 61 Street, due to delays
in work commencement; new completion date will be 3/4/90.
SYNOPSIS OF ACTION:
APPROVED.
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h. MOTION TO APPROVE Change Order #1 to the contract
with Utilities Services, Inc., to extend completion date
by thirty (30) days for TUE Project 87-13, Rehabilitation
of Sewage Pump Stations 3E and 4E, due to delays by FP&L;
new completion date is 12/18/89.
SYNOPSIS OF ACTION:
APPROVED.
i. MOTION TO ADOPT Temp. Reso. #5616 approving an agreement
with Varian Instrument Group for the sole source purchase
of maintenance on selected gas chromatography equipment
in the Water Treatment Plant in the amount of $4,061.25
for the period 10/1/89 through 9/30/90.
SYNOPSIS OF ACTION:
APPROVED.
General Administrative
RESOLUTION NO. R-89-302 - PASSED
j. MOTION TO ADOPT Temp Reso. #5626 requesting that Broward
County Traffic Engineering Div lion implement a speed
limit reduction from 30 MPH to 25 MPH on streets within
Springlake Villas.
SYNOPSIS OF ACTION: RESOLUTION NO. R-89-303 - PASSED
APPROVED.
* C/M Hoffman MOVED to APPROVE Consent Agenda, Item 2 a.
* through j., SECONDED by V/M Bender.
VOTE:
CONSIDERATION
Personnel/Insurance
ALL VOTED AYE
3. MOTION TO APPROVE the transfer of $5,545.00 from General Contingency
Account #001-872-588-975 to Disability Insurance Account
#001-872-519--45W to provide funding for October, 1989,
long term disability insurance.
SYNOPSIS OF ACTION:
APPROVED.
* V/M Bender MOVED to APPROVE this Item, SECONDED by C/M Hoffman.
City Manager Kelly said during the budget process, the
City Council approved the deletion of the Long Term
Disability Insurance. He said this was done because the
Police Department no longer existed and the premium was
increased by approximately $60,000.00. He said the
coverage was extended until November, 1989, and the
request was for approval to transfer monies from the
Contingency Account to the Disability Insurance Account
to pay for the Long Term Disability Insurance.
VOTE: ALL VOTED AYE
RESOLUTIONS
City Council
4. MOTION TO ADOPT Temp. Reso. #5633 appointing an alternate
member to tz�e`VETERANS AFFAIRS COMMITTEE.
Page 3
12/6/89-pw
SYNOPSIS OF ACTION: RESOLUTION NO. R-89-304 - PASSED
APPROVED the appointment of Wilfred
G. Rohring as an Alternate member for
a term to expire June 20, 1990.
City Attorney Doody read Temp. Reso. #5633 by title.
* C/M Rohr MOVED to APPROVE Temp. Reso. #5633, SECONDED by
* V/M Bender.
C/M Hoffman recommended that Wilfred G. Rohring be
appointed as an Alternate to the Veterans Affairs
Committee.
VOTE:
Community Development
ALL VOTED AYE
5. MOTION TO ADOPT Temp. Reso. #5595 approving a site plan
and associated documents for WOODDALE (tabled on 11/22/89).
(to be located south of NW 78 Street and east on NW 80
Avenue)
SYNOPSIS OF ACTION:
TABLED at the of the applicant
to the January 10, 1990 City Council meeting.
City Attorney Doody read Tem]2. Reso. #5595 by title.
Kelly Carpenter -Craft, Director of Community Development,
said the applicant asked that this Item be Tabled until
the January 10, 1990 City Council meeting.
* C/M Hoffman MOVED to TABLE Temp. Reso. #5595 until the
* January 10, 1990 City Council meeting, SECONDED by V/M Bender.
VOTE:
ALL VOTED AYE
Mayor Abramowitz asked Kelly Carpenter -Craft, Director of
Community Development, to explain Item 6 through 10.
Mrs. Carpenter -Craft said Items 6 through 10 were
boundary plats for parcels in Kings Point.
Mayor Abramowitz said these Items were very unusual and
Mrs. Carpenter -Craft said the City's approval was needed
before the plats could be sent to Broward County for
approval.
6. a. MOTION TO ADOPT Temp. Reso. #5617 approving a plat for
the EXETER pz ject.
b. MOTION TO ADOPT Temp. Reso. #5627 approving a development
order and associated documents or the EXETER project.
(to be located on the south side of NW 80 Street between
Nob Hill Road and NW 108 Terrace)
SYNOPSIS OF ACTION: RESOLUTION NO. R-89-305 - PASSED
APPROVED a. and b. RESOLUTION NO. R-89-306 - PASSED
City Attorney Doody read Temp. Reso. #5617 by title.
* a. V/M Bender MOVED to APPROVE Temp. Reso. #5617, SECONDED by
* C/M Hoffman.
VOTE: ALL VOTED AYE
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City Attorney Doody read Temp. Reso. #5627 by title.
* b. V/M Bender MOVED to APPROVE Temp Reso. #5627, SECONDED by
* C/M Hoffman.
VOTE:
ALL VOTED AYE
7. a. MOTION TO ADOPT Temp. Reso. #5618 approving a plat for
the KINGS POINT COMMERCIAL PARK project.
b. MOTION TO ADOPT Temp. Reso. #5628 approving a development
order and associated documents for the KINGS POINT
COMMERCIAL PARK project.
(to be located on the south side of NW 80 Street at Nob
Hill Road)
SYNOPSIS OF ACTION:
APPROVED a. and b.
*
*
*
*
RESOLUTION NO. R-89-307 - PASSED
RESOLUTION NO. R-89-308 - PASSED
City Attorney Doody read Temp. Reso. #5618 by title.
a. V/M Bender MOVED to APPROVE Temp._ Reso. #5618, SECONDED by
C/M Hoffman.
VOTE:
ALL VOTED AYE
City Attorney Doody read Temp. Reso. #5628 by title.
b. V/M Bender MOVED to APPROVE Temp. Reso. #5628, SECONDED by
C/M Hoffman.
VOTE:
ALL VOTED AYE
8. a. MOTION TO ADOPT Temp. Reso. #5619 approving a plat for
the KINGS POINT PROFESSIONAL PLAZA FIRST ADDITION project.
b. MOTION TO ADOPT Temp. Reso. #5629 approving a development
order and associated documents for the KINGS POINT
PROFESSIONAL PLAZA FIRST ADDITION project.
(to be located on the south side of NW 77 Street at
Nob Hill Road)
SYNOPSIS OF ACTION:
APPROVED a. and b.
RESOLUTION NO. R-89--309 - PASSED
RESOLUTION NO. R-89-310 - PASSED
City Attorney Doody read Temp. Reso. #5619 by title.
* a. V/M Bender MOVED to APPROVE Tem.. Reso. #5619, SECONDED by
* C/M Hoffman.
VOTE: ALL VOTED AYE
City Attorney Doody read Temp. Reso. #5629 by title.
* b. V/M Bender MOVED to APPROVE Temp. Reso. #5629, SECONDED by
* C/M Hoffman.
VOTE:
ALL VOTED AYE
9. a. MOTION TO ADOPT Temp. Reso. #5620 approving a plat for
the LOMBARDY project.
b. MOTION TO ADOPT Temp. Reso. #5630 approving a development
order and associated documents for the LOMBARDY project.
(to be located on the north side of NW 80 Street at Nob
Hill Road)
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12/6/89-pw
SYNOPSIS OF
ACTION:
RESOLUTION
NO. R-89-311 - PASSED
APPROVED
a. and b.
RESOLUTION
NO. R-89-312 - PASSED
City
Attorney Doody
read Temp.
Reso. #5620
by title.
* a. C/M
Rohr MOVED to APPROVE Temp.
Reso. #5620,
SECONDED by
* C/M
Hoffman.
VOTE:
ALL
VOTED AYE
City
Attorney Doody
read Temp.
Reso. #5630
by title.
* b. V/M
Bender MOVED to
APPROVE Temp.
Reso. #5630,
SECONDED by
* C/M
Hoffman.
VOTE:
ALL
VOTED AYE
10. a. MOTION TO ADOPT Temp. Reso. #5621 approving a plat for
the SEDGEFIELD project.
b. MOTION TO ADOPT Temp. Reso. #5631 approving a development
order and associated documents for the SEDGEFIELD project.
(to be located on the west side of Nob Hill Road between
NW 71 Place and NW 80 Street)
SYNOPSIS OF ACTION: RESOLUTION NO. R-89-313 - PASSED
APPROVED a. and b. RESOLUTION NO. R-89-314 - PASSED
City Attorney Doody read Temp Reso. #5621 by title.
* a. C/M Rohr MOVED to APPROVE Temp. Reso. #5621, SECONDED by
* V/M Bender.
VOTE: ALL VOTED AYE
City Attorney Doody read Temp. Reso. #5631 by title.
* b. V/M Bender MOVED to APPROVE Temp. Reso. #5631, SECONDED by
* C/M Hoffman.
VOTE: ALL VOTED AYE
Engineering/Utilities
11. a. MOTION TO ADOPT Temp. Reso. #5622 approving an agreement
wi�'tThe Turbitrol Company foz tSie sole source purchase
of maintenance on selected computer equipment in the
Water Treatment Plant in the amount of $9,000.00 for
the period 10/1/89 through 9/30/90.
b. MOTION TO ADOPT Temp. Reso. #5632 approving an agreement
wi�t'i The Turbi rol Company fox tie sole source purchase
of a magnetic tape system and a colorgraphic terminal
in the amount of $24,452.00 for the City's Telemetering
System.
SYNOPSIS OF ACTION: RESOLUTION NO. R-89--315 - PASSED
APPROVED a. and b. RESOLUTION NO. R-89-316 - PASSED
City Attorney Doody read Temp. Reso. #5622 by title.
* a. V/M Bender MOVED to APPROVE Temp. Reso. #5622, SECONDED by
* C/M Hoffman.
Bob Foy, Director of Utilities/Engineering, said the
request was to approve a sole source contract with The
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12/6/89-pw
Turbitrol Company which would provide a maintenance
service for several things at the Water Plant. He
recommended approval of this Item.
VOTE:
ALL VOTED AYE
City Attorney Doody read Temp. Reso. #5632 by title.
* b. V/M Bender MOVED to APPROVE Temp. Reso. #5632, SECONDED by
* C/M Hoffman.
Bob Foy, Director of Utilities/Engineering, said this
request was for a color monitor for the City's
Telemetering System. He said the Water Plant was
automated which allowed the manpower to be reduced to 1
person. He said there have been problems in the past and
The Turbitrol Company acted on and corrected the problems
expediently. He said the monitor would inform the Plant
of any problems in the field with the pumps and he
recommended approval.
VOTE:
ALL VOTED AYE
At 7:28 P.M., Mayor Abramowitz RECESSED this meeting and
RECONVENED at 7:32 P.M. with ALL PRESENT.
ORDINANCES
PUBLIC HEARING - 7:30 P.M.
Community Development
12. PUBLIC HEARING - MOTION TO ADOPT Temp. Ord. #1459
on seconZ—reaUing to vacate a 50-mot ingress egress easement
along NW 73 Manor within WOODMONT TRACT 74 for the WOODALE
project (tabled on 11/22/89)
SYNOPSIS OF ACTION:
TABLED at the applicant's request to the
January 10, 1990 City Council meeting at
7:30 P.M.
City Attorney Doody read Temp. Ord. #1459 by title.
Kelly Carpenter -Craft, Director of Community Development,
said the applicant requested that this Item be Tabled
until the January 10, 1990 City Council meeting.
* V/M Bender MOVED to TABLE Temp. Ord. #1459 until the January
-Te
* 10, 1990 City Council meeting at 7:30 P.M., SECONDED by C/M
* Rohr.
VOTE:
ALL VOTED AYE
13. a. MOTION TO ACCEPT Affidavits of Publication and Posting
o Temp. Or 1466. Petition #34--Z-89
b. PUBLIC HEARING - MOTION TO ADOPT _Temp. Ord. #1466 on
second re�a g concerning a request by YOLANDA MAURER
to rezone lands on the south side of McNab Road, adjacent
to the existing shopping center at the southwest corner
of McNab Road and Nob Hill Road, from R-3 (Low Density
Multiple Dwelling) to LI-1 (Light Industrial) to conform
to the Broward County Land Use Plan. Petition #34-Z-89
SYNOPSIS OF ACTION: ORDINANCE NO. 0-89-42 - PASSED
Public Hearing was held.
a. ACCEPTED Affidavits.
Page 7
12/6/89-pw
*
*
*
*
b. APPROVED on second reading.
a. V/M Bender MOVED to ACCEPT Affidavits of Publication and
Posting for Temp. Ord. #1466, SECONDED by C/M Hoffman.
VOTE;
ALL VOTED AYE
City Attorney Doody read Temp. Ord. #1466 by title.
b. V/M Bender MOVED to APPROVE Temp. Ord #1466 on second reading,
SECONDED by C/M Hoffman.
Kelly Carpenter -Craft, Director of Community Development,
said the request was to rezone 9.46 acres from R-3 (Low
Density Multiple Dwelling) to LI-1 (Light Industrial).
She said this rezoning would allow the parcel to be in
conformance with the Tamarac Land Use Plan. She said the
Planning Commission recommended approval at their
November 1, 1989 meeting and she recommended approval.
Mayor Abramowitz Opened and Closed the Public Hearing
with no response.
l 61"
ALL VOTED AYE
14. a. MOTION TO ADOPT Teme. Reso. #5614 accepting Deed
Restrictlans oTfered by Tract 24 Associates in conjunction
with Petition #31-Z-89 (tabled on 11/22/89).
b. MOTION TO ACCEPT Affidavits of Publication and Posting
for TempOrd. #1464. Petition #31-Z-89 (tabled on
11/22/89).
c. PUBLIC HEARING - MOTION TO ADOPT Temp. Ord. #1464
on first reading concerning a request by TRACT 24
ASSOCIATES to rezone lands at the southeast corner
of Nob Hill Road and NW 81 Street from R-3U (Rowhouse)
to R-4A (Planned Apartments). Petition #31-Z-89 (tabled
on 11/22/89).
SYNOPSIS OF ACTION: RESOLUTION NO. R-89-317 - PASSED
Public Hearing was held. ORDINANCE NO. 0--89-43 - PASSED
a. APPROVED.
b. ACCEPTED Affidavits.
c. APPROVED on first reading.
City Attorney Doody read Temp. Reso. #5614 by title.
* a. V/M Bender MOVED to APPROVE Temp. Reso. #5614, SECONDED by
* C/M Hoffman.
Kelly Carpenter -Craft, Director of Community Development,
said she would like to address Items a. and c., as a
unit. She said the Tract 24 Associates was requesting to
rezone lands presently zoned R-3U (Rowhouse) to R-4A
(Planned Apartments). She said the surrounding Land Uses
were:
North Commercial
South Medium Density Residential (15 D/UA)
East Low Medium Density (5 D/UA)
West Medium Density Residential (15 D/UA)
She said the plat was in process; however, it was being
delayed until the rezoning request was acted upon. She
said 4 out of 5 votes were needed to approve the request.
Page 8
12/6/89-pw
She said the applicant was allowed by Court Order to
erect units of 500 square feet; however, to respond to
the residents' concerns, the applicant voluntarily agreed
to provide a Deed Restriction on the property which would
provide the following:
1. No access on 96 Avenue, other than emergency vehicles.
2. No two-story buildings on 96 Avenue to protect the
single-family homes across the street.
3. To erect units no smaller than 700 square feet.
Mrs. Carpenter -Craft said the applicant offered to
increase the size of the units from 500 square feet to
600 square feet; however, there were several objections.
She said the landowner volunteered to increase the square
footage to 700 and provide Deed Restrictions that would
go with the land. She said the applicant was not a
developer and the development on the land would not be
known until the owner sold the property and a site plan
was presented to the City. She said the Planning
Commission denied this request.
TAPE 2
Alan Kan, Attorney for the Petitioner, said the City
Planner stated that the surrounding properties allowed 15
dwelling units per acre as well as residential. He said
the Court mandated that 15 dwelling units per acre be
allowed and the only zone in the City which would allow
this was R-4A (Planned Apartments). He said the
Petitioner has worked with the City in order to benefit
the City. He said his client recognized the concerns of
the City and surrounding residents and volunteered
changes to address those concerns.
Attorney Kan said he and two other people were partners
and owned this property. He said they all were
upstanding citizens, members of several organizations and
they resented the fact that they were being accused of
things, such as a flyer circulated throughout the City by
IMPACT. He said he and his partners would not allow
slums in the City and their other developments indicated
this. He said the costs of the existing units were from
$120,000.00 to $180,000.00 and $95,000.00 to $125,000.00.
Attorney Kan suggested that the City Council's decision
not be based on rumors about himself or his clients. He
said if this occurred, appropriate action would have to
be taken. He asked that the City Council's decision be
based on the facts.
C/M Hoffman said he would be affected most from this
because he lived closest to the parcel. He said if he
felt that a slum would be located on the parcel, he would
fight to deny the request; however, he did not feel this
would occur because the Petitioner volunteered
restrictions on the land that would correct some of the
concerns. He said the Petitioner could legally build
units of 500 square feet; however, the developer
increased the square footage to 700 square feet and the
Petitioner volunteered not to provide ingress/egress on
94 Avenue as well. He said he had concerns regarding the
provision allowing three --story buildings and the
Petitioner reduced the building size to no more than
two -stories on 94 Avenue.
C/M Hoffman said the Petitioner went beyond what was
required and made changes to benefit the City and the
Page 9
12/6/89-pw
residents in the area. He said the Petitioner could
legally take this matter back into Court if the City
Council denied the request which may be detrimental to
the City. He said he would approve the request.
C/M Rohr said the size of the units would be larger than
what was allowed. He said the beautiful City of Coral
Springs allowed units of 550 square feet. He said the
Petitioner was offering to increase the size of the unit
from 500 square feet to 700 square feet and he would
approve this request for rezoning.
Mayor Abramowitz said a Court Order provided that the
site was allowed 300 units which was a vested right. He
said pool politics should not be played with this matter
because there were several developments throughout the
City which had smaller square footage and were not slums,
such as Tamarac Gardens, which had units of 675 square
feet and Hidden Harbour which had units of 550 square
feet.
Mayor Abramowitz said the elected Officials were
responsible for protecting the residents of the City to
see that the law was followed. He said if the City did
not follow the law, they were subject to penalties which
would have to be paid by the residents. He said the City
of Margate did not approve a Court Order and, when the
matter was readdressed in Court, Margate paid and had
more problems.
Mayor Abramowitz said the project would not be a slum and
the residents should not be frightened by the rumors. He
said the developer was entitled to 300 units and the City
would make sure that any future development was in the
best interest of the City.
Mayor Abramowitz Opened the Public Hearing.
Carl Alper, Resident, said he did not find it appropriate
that the City was being compelled to do what they did not
want to do. He said the first Court Order issued by
Judge Weissing provided that certain conditions were
allowed on certain lands in the City; however, in 1986,
this decision seemed to be overturned. He said the
matter came before the Planning Commission at that time
and the Commission denied the application. He said the
Consulting City Attorney indicated that the Judge stated
that in view of the changes in developing, the City of
Tamarac would be governed by their current Code, which
may be amended from time to time.
City Attorney Doody said this was true on specific Court
Orders, not all of them. He said this ruling pertained
to those site plans that were not before the City Council
for approval. He said the interpretation of the
Consulting Attorney's comments was incorrect. He said
the City Code should not be confused with the
stipulations in the Court Orders.
City Attorney Doody said he did not feel that the City
Council should gamble with the Court Order because the
results may be 300 units at 500 square feet.
Jerry O'Shansky, Resident, asked what was going to be
built on the property and Attorney Kan said this has not
been decided because the Petitioner intended to sell the
property.
Page 10
12/6/89-pw
Mr. O'Shansky had concerns with the noise, dirt and water
pollution caused by additional buildings in the area. He
said C/M Hoffman lived across the street from the
development; however, his house was not facing the
development. He said having multi -dwellings in the area
would create a problem for the surrounding residents.
C/M Hoffman asked Mr. O'Shansky what he suggested be
placed on the property and Mr. O'Shansky said he would
like to see homes built like the surrounding properties.
C/M Hoffman said the property was not zoned for
single --family homes and the Petitioner had the right to
ask for what the Courts gave him. He said the Petitioner
worked with the City and residents and he did not feel
that there could be 300 units built on the property with
the restriction that 700 square feet units would be
built.
C/M Hoffman said the City could condemn the property,
charge the residents and place a park on the property;
however, because of the Court Order, he felt that the
Petitioner's voluntary restrictions were in the best
interest of the City. He said when Hidden Harbour was
proposed, there were objections to it; however, several
people were pleased with the results. He said the
Petitioner was asking the City Council to obey the Court
Order.
C/M Rohr said because the City was allowing 300 units on
the property did not mean that 300 units would be built.
He said the City Council was granting a minimum of 700
square feet per unit; however, the developer may feel
that it was more profitable to build larger units. He
said it was inappropriate to try and determine the
outcome of the future.
TAPE 3
C/M Stelzer said all of the residents complain about
things; however, they never suggest an alternative.
Anthony Grimaldi, Resident, suggested this request be
denied because it was not in the best interest of the
City or residents. He said there would be extra traffic
generated by this type of development. He said the
Planning Commission recently denied this request and the
City Council should consider their recommendation.
Mr. Grimaldi said the City Manager and City Council
should not concern themselves in settling Cases, such as
Comark, but be more concerned about settling matters,
such as Court Orders that were not appropriate in the
City. He said the Petitioner was only assisting C/M
Hoffman by not providing an ingress/egress on 96 Avenue
as well as a two-story building as opposed to a
three-story building.
Mr. Grimaldi asked that the City Council deny this
application and noted that his statement was submitted by
Joseph Schreiber, Resident, who could not be present;
however, he supported Mr. Schreiber's comments.
C/M Rohr said the Kings Point development created a lot
of traffic in the City and there would be approximately
5,000 or more units built. He said the City Council
would not approve anything that would not benefit the
City.
Page 11
12/6/89-pw
Irving Katz, Resident, asked if the Petitioner was
willing to conform with the existing City Codes and Mayor
Abramowitz replied, yes.
Mr. Katz said he was concerned with a site plan of 600
square feet units being approved and C/M Hoffman said if
the site plan reflected anything less than 700 square
feet, he may not approve it.
Mayor Abramowitz said when a site plan was not available,
the developer had to comply with the current City Codes.
He said objections and concerns with the development
could be discussed when the site plan was before the City
Council.
Joe Shear, Resident, asked C/M Hoffman if there would be
ingress/egress on 96 Avenue and C/M Hoffman said the
access on 96 Avenue would be for emergency vehicles only.
Mr. Shear said the traffic on Nob Hill Road would become
worse and C/M Hoffman said Kings Point would be
contributing to the generated traffic.
Abe Garr, Resident, said the City Council recently
approved 5 developments for Kings Point and no one
objected. He said the Petitioner went beyond his means
to comply with the concerns of the City and residents and
the property may not be sold for several years. He said
there were scare tactics being used; however, the
residents should know that a development could not be
built on the property without being reviewed by the City
staff to make sure that the City Codes were being
complied with.
Mayor Abramowitz Closed the Public Hearing with no
further response.
Mayor Abramowitz said he was disturbed with the Cardinal
Industry matter and the City Council was being very
careful to see that this did not occur again. He said
the Petitioner has stated that their intent was not a
slum development and would work to.protect the City's
best interest. He said he could not predict what would
be on the land; however, if he was Mayor during the time
a development was being reviewed, he would see that it
was in the best interest of the City.
City Manager Kelly said the Deed Restrictions being
presented to the City Council were not presented to the
Planning Commission when they heard the Item.
VOTE: ALL VOTED AYE
* b. C/M Rohr MOVED TO ACCEPT Affidavits of Publication and Posting
* for Tem . Ord. #1464, SECONDED by V/M Bender.
VOTE: ALL VOTED AYE
City Attorney Doody read Temp. Ord. #1464 by title.
* c. V/M Bender MOVED to APPROVE Temp. Ord. #1464 on first reading,
* SECONDED by C/M Hoffman.
VOTE: ALL VOTED AYE
Page 12
12/6/89--pw
15. PUBLIC HEARING - MOTION TO ADOPT Temp. Ord. #1463
on first reading to provide for a development order for a
development of regional impact to be known as WESTPORT and
to be located on approximately 158 acres bordered by the
Sawgrass Expressway to the west, Commercial Boulevard to
the south and Nob Hill Road to the east.
SYNOPSIS OF ACTION:
Public Heard g was held.
APPROVED on first reading.
City Attorney Doody read Temp. Ord. #1463 by title.
* V/M Bender MOVED to APPROVE Temp. Ord. #1463 on first reading,
* SECONDED by C/M Hoffman.
Kelly Carpenter -Craft, Director of Community Development,
said this request was to provide a development order for
a development of regional impact to be known as Westport.
She said the information in the development order was
created by the State and South Florida Planning Council
regulations. She said the Planning Commission heard the
Item twice and recommended approval. She said the City
Council was to hold a public hearing tonight and the
December 21, 1989. She said the applicant was present
and would like to review the Development Order with the
City Council.
Ed Stacker, Attorney for the Developer, thanked the City
for recognizing the need for this Item to be heard on
December 21, 1989. He thanked the City's staff for
working with his staff to get this matter resolved. He
exhibited a drawing of the proposed development to the
public and City Council.
Attorney Stacker informed the City Council of the
procedures in having the development order approved and
the process in which it was to be reviewed.
Attorney Stacker said he reviewed the backup submitted to
the City Council and he made some amendments, which would
be discussed with staff before the second hearing;
however, the title would remain the same.
Mrs. Carpenter -Craft said there were a few changes to the
development order and she read the changes into the
record as follows:
(SEE ATTACHMENT)
C/M Hoffman asked if the alignment on Hiatus Road was
appropriate and Mrs. Carpenter -Craft said this matter was
discussed with this Petitioner as well as other
surrounding landowners. She said that the alignment
seemed to be created.
Mayor Abramowitz Opened the Public Hearing.
Sam Butters, Property Owner in Land Section 7, suggested
that the Petitioner be asked to assist in the Trafficways
Plans for the area.
Mayor Abramowitz congratulated Mrs. Carpenter -Craft and
her staff for doing such a good job on the project.
Anthony Silvestri, Planning Commissioner, said he
approved of the Development Order; however, he was trying
to get a report on the State Energy Code as described on
Page 13
12/6/89-pw
Page 10. He asked if the State Energy Code was stated in
the South Florida Building Code.
Attorney Stacker said the development order did not
obligate the Petitioner to comply with the South Florida
Building Code or Tamarac City Codes.
Mr. Silvestri said the development order indicated that
if there was a sign violation, the City could stop the
development and Mrs. Carpenter -Craft said this could
apply to the specific tract where the violations
occurred; however, the entire project would not be
stopped.
Mr. Silvestri said he wanted the City Council to be aware
that they could stop one section or the entire project
when violations occurred.
Mayor Abramowitz Closed the Public Hearing with no
further response.
VOTE:
ALL VOTED AYE
At 9:35 P.M., Mayor Abramowitz RECESSED this meeting and
RECONVENED at 9:40 P.M. with ALL PRESENT.
16. MOTION TO ADOPT Temp. Ord. #1468 on first reading to
amend O'r�inance 0-89-23 concerning a rezoning requested by
FUNDAMENTAL HOPKINS EASTON LTD. #11 for a 4-acre parcel at
the southeast corner of VISUAL GRAPHICS PARK at Commercial
Boulevard and NW 94 Avenue from M-2 (Medium Industrial) to
B-3 (General Business) to provide for utilizing the 20%
flexibility provision for commercial uses in industrial land
uses area after the adoption of the Tamarac Comprehensive
Plan by the City Council and the certification of the
Comprehensive Plan by the Broward County Planning Council.
Petition #14--Z-89
SYNOPSIS OF ACTION:
APPROVED on first reading.
City Attorney Doody read Temp. Ord. #1468 by title.
* V/M Bender MOVED to APPROVE TempOrd. #1468 on first
reading, SECONDED by C/M Hof -main.
Kelly Carpenter -Craft, Director of Community Development,
said the previous Ordinance did not indicate that there
was 20% flexibility; however, the Minutes of the meetings
indicated that the flexibility was enacted.
VOTE:
OPEN PUBLIC FORUM
17. OPEN PUBLIC FORUM
ALL VOTED AYE
Mary Seidel, Resident, had concerns about the Florida
Power & Light matter being based around property value as
opposed to human life. He said the emphasis on this
matter should be submitted to Tallahassee.
Pearl Berger, Springlake II, had concerns regarding the
lighting and sidewalks needed in the City.
I
1
1
Page 14
12/6/89-pw
C/M Hoffman said he agreed with Mrs. Berger and, if
monies were available, sidewalks and lighting would be
implemented in the areas in need.
Mayor Abramowitz said he suggested that a Referendum be
submitted for the March, 1990 Election asking the
residents to approve borrowing monies for these projects.
He said since his suggestion, the proposed $.01 sales
tax has been discussed. He said if the proposed sales
tax was approved by the voters, the City would receive
their share which could be used for lighting and sidewalk
projects in the City.
City Manager Kelly said a final determination on how the
Cities could use their share of the revenue from the
proposed sales tax has not been determined.
REPORTS
18. CITY COUNCIL REPORTS
C/M Stelzer - No Report.
C/M Rohr - No Report.
C/M Hoffman - No Report.
V/M Bender said Mr. Seidel had concerns about the Florida
Power & Light Transmission Line. He said the Florida
Scientific Advisory Panel made a recommendation to the
Governor and Council on the health aspects of the
transmission lines.
20. CITY ATTORNEY REPORT
City Attorney Doody announced that he would resign by the
end of January, 1990 to attend Harvard School of
Government in Massachusetts. He said he has enjoyed
working with everyone and he felt that the City has
changed for the better within the last few years. He
said the City's staff was very professional and top rate.
City Attorney Doody said he was bringing this matter to
the City Council because there may be lag time between
his leaving and the City hiring another Attorney. He
asked the City Council what they would like to do.
V/M Bender suggested that the City Attorney's Office
advertise the position.
C/M Stelzer said there should be someone available to
work with City Attorney Doody so that they could fill the
position until another attorney was hired.
The City Council agreed that the position should be
advertised and someone should be appointed to handle the
position during the lag time.
C/M Rohr suggested that City Attorney Doody contact Nova
University regarding a listing of qualified attorneys.
City Attorney Doody.said he would contact Nova University
and advertise the position in the Broward Review and the
Florida Bar News.
Page 15
12/6/89-pw
19. CITY MANAGER REPORT
City Manager Kelly said he and Mayor Abramowitz have
recently received a lawsuit against them and the City
Attorney would have to advise the interim attorney about
this matter.
City Attorney Doody said he turned the lawsuits over to
Ruf & Carsky, Consulting Attorneys.
With no further business, Mayor Abramowitz ADJOURNED this
meeting at 10:10 F.M.
"This public document was promulgated at a cost of $172.80 or $21.60 per
copy to inform the general public, public officers and employees of
recent opinions and considerations of the City Council of the City of
Tamarac."
CITY OF TAMARAC
APPROVED AT MEETING OF0 90
City Clerk
1
Page 16
I
1
ATTACHMENT to 12/6/89 Council Mtg.- Item 15 - Westport -(.See Page 13)
Page 1 of 2
From Tapes 4 and 5 of the December 6, 1989 City Council
meeting:
15. PUBLIC HEARING - MOT10N TO ADOPT Temp. Ord. #1463 on
first reading to provide for a development order for a
development of regional impact to be known as WESTPORT
and to be located on approximately 158 acres bordered by
the Sawgrass Expressway to the west, Commercial
Boulevard to the south and Nob Hill Road to the east.
Page 1
Kelly Carpenter -Craft gave the following presentation noting
the changes to the Development Order (Temp. Ord. #1463) for
Westport:
1. Page 2, Section 1, A, the fourth line down, where it
states that the City has rezoned the site in conformity
with the Master Plan, the Land Use Plan and the Broward
County Land Use Plan, the applicant has stated their
desire to submit the zoning applications by December 21
and to be in the process of rezoning that property
immediately. The south would like to see that this is
completed in 45 days and the Community Development
Department has recommended that. Mrs. Carpenter -Craft
said they are still working out precise language and
whether or not 45 days is amenable to either the City
or the applicant.
2. Page 2, the language in the second line which addresses
itself to conditions which "will" be met rather than
which "have" been met was prompted by comments from the
Engineering Department and she is confident that
language can be arranged which fulfills the require-
ments of the Council, staff, the South Florida Regional
Tape Planning Council staff and meets the needs of the City
5 as well as addresses concerns of the applicant.
3. Page 3, at the top, in the first line, we are working
on language to replace the "except as noted in Section
1 A" since that refers back to the first item
discussed, Section I.A. on Page 2, talking about the
zoning; therefore, that reference needs to change.
4. Page 3, Item A.3. near the top of the Page, the last
sentence of Item 3 is still being worked on concerning
meeting all the provisions of the Tamarac Land Develop-
ment Regulations, which they are required to do. But,
we are disputing the placement of that language in this
document, not that it is fact, but where it goes.
City Attorney Doody noted that pursuant to discussions'
between the City and the developer, some of the acreage has
been modified. He said in particular, at the bottom of Pane
3, the acreage for the industrial/office designation will be
changed from 85.2 acres to 82.93 and the acreage for roads
will be changed from its current 10.5 to 12.77 acres. This
was agreed to by the petitioner's attorney.
Mrs. Carpenter -Craft noted that she did not have the
corrections on Pages 4, 5, and 6. City Attorney Doody said
there were no changes on Page 4 and on Page 5 the changes
were just housekeeping. He said this is the same for Pages 6
and 7. He said there were no substantial changes on Pages 8,
9, 10 or 11. He said on Page 12, the Ordinance currently
reads, "The City hereby establishes 1994 as the date that
they have vested to." He said that is going to be changed
pursuant to the recommendation of the South Florida Regional
Planning Council to "December 31, 1994".
11
ATTACHMENT to 12/6/89 Council Mtg--Item 15 - Westport -(See Page 13)
Page 2 of 2
From Tapes 4 and 5 of the December 6, 1989 City Council
meeting:
15. PUBLIC HEARING - MOTION TO ADOPT Temp. Ord. #1463 on
first reading to provide for a development order for
development of regional impact to a
be known as WESTPORT
and to be located on approximately 158 acres bordered by
the Sawgrass Expressway to the west, Commercial
Boulevard to the south and Nob Hill Road to the east.
Page 2
Mrs. Carpenter -Craft noted that on Page 11, Item K, there is
a substantive change concerning; Exhibit H which refers to
project access points, which is a document prepared by the
South Florida Regional PlanningCouncil in specific two day
requirements. She said the City added three other traffic
requirements to that document and the applicant is objecting
to their placement, not that they are not required. She said
they deal with traffic impact fees and Hiatus Road. She said
they are discussing where that 'goes and the precise
of those requirements in the Development Order. She saiduage the
language in Item K will be changed and Exhibit H will also be
changed.
Mayor Abramowitz asked if the applicant objects to the
language and Mrs. Carpenter -Craft said yes, in Exhibit H and,
if they object to Exhibit H they will have to object to K
because K references Exhibit H; therefore, both of those will
be changed. She said they are working on the language which
will satisfy the City's need and attempts to address their
need as well.
Ed Stacker, Attorney for the applicant, said he agrees with
the City Planner's assessment of the situation. He said on
Page 8, Paragraph D, Site Clearing, there is a statement at
the end of this paragraph that the developer shall utilize
zeroscape principles in design. He said the
discussing with staff a slight modification of that may be
to permit a little flexibility.
concurred. Mrs. Cprovision
arpenter-Craft
Attorney Stacker said at the bottom of Page 8 there is
language regarding the archeological site State requirements.
He said it reads that there will be an archeological survey
that is performed on the property and continues onto Page 9.
He said they do not expect any archeologically significant
artifacts to be found on this property. He said staff did
include that if some are found there is an obligation to
either preserve or mitigate under the supervision
professional archeologist. of a
Attorney Stacker said that the staff recommended that the
decision on Line 4, Page 9, to preserve or to mitigate shall
be made by DHR, the Council and the City. He said that was
not a requirement at the Regional Planning Council level or
the State level. He said they may make a slight revision
there.
Mrs. Carpenter -Craft noted that this Ordinance has had a
review by all the Department Heads and all the changes have
been noted.