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Home My WebLink About1985-12-06 - City Commission Reconvened Regular Meeting Minutesrq � >v v _ n A1�P P.O. BOX 25010 TAMARAC, FLORIDA 33320 December 2, 1985 NOTICE OF RECONVENED CITY COUNCIL MEETING There will be a Reconvened City Council meeting on Friday, December 6, 1985 at 9:00 A.M. in the Council Chambers of City Hall, 5811 NW 88 Avenue, Tamarac, Florida. The items remaining from the Council Agenda of November 27, 1985 to be considered are as follows: 24. occupational -Licenses - Temp, - Discussion and possible action to modify occupational license tax classifications and fees. Second Reading. (Public Hearing was held 11/13/85) 36. TgMarac Nursing Center - Discussion and possible action on: a) Plat - TeMp. Reso. #3$60 b) Development Order - Temp. Reso. #3$61 c) Water Retention Agreement d) Development Review Agreement (Project proposed for the west side of NW 79 Avenue, between the canal and NW 57 Street) (tabled from 9/26/85 and 11/13/85) 38. Woodmont Tract_59 - Discussion and possible action on: a) Site Plan -- Temp, Reso #3834 b) Plat - Temp, Rego. #3897 c) Stipulation #24 - Temp. Reso. #377_Q d) Amendment to the Water and Sewer Developers Agreement (Located south of NW 80 Street at NW 84 Terrace) 39. Woodmont Tract 48 - Discussion and possible action on: a) Revised site plan reflecting revisions to grass parking, mailboxes and light poles - Temp, Reso. #3902 b) Model sales facility #2 and waiver of the 300- foot distance requirement for certificates of occupancy. 42. Tamarac Gardsns - Discussion and possible action on: a) Revision to Site Plan #1 for upgrade apartment change in Buildings 6-C, 7-A and 7-B - Temp. Reso #3888 b) Amendment #3 to Water and Sewer Developers Agreement for backflow prevention. 43. BeJfQKt - Rpyised Site Plan - TemReso. #3$89 - Discussion and possible action ona revised site plan for upgrade apartment change in Buildings F, 0, P and Q. PAGE 1 12/6/85 44. As mont - kond Rel9ases - Temp- Discussion and possible action toerelease 0the following warranty bonds: a) Phase 2 Water b) Phase 1 Paving and Drainage c) Phase 1 Landscaping d) Phase 1 Sidewalk 45. As m nt - War ant and - Tem . Reso #3 06 - Discussion and possible action on disposition of a warranty bond posted for the sanitary sewer system. 47. National usiness Center -- Discussion and possible action on. - a) Site Plan - T m eso aiogn b) Landscape plan c) Water and Sewer Developers Agreement d) Water Retention Agreement e) Right -of -Way Deed for 40-feet along University Drive - T m eso- A389 f) Public Safety Ingress/Egress Easement - Temn. s Reo• #3894 g) Utility Easement for fire hydrant - TgDp. Reso. # M95 h) Utility Easement at rear of property - Temper Zn #389 �) ement for funding future traffic and signal- ization needs. (Located on the east side of University Drive, south of Southgate Boulevard and the Exxon Service Station) 48. TaMaran P ry uarerAT. st action on: - Discussion and possible a) Site Plan - Temp- eso iion, b) Landscape Plan c) Water and Sewer Developers Agreement d) Water Retention Agreement e) Developers Agreement f) Declaration of Covenants concerning access and Parking 9) Grant of Easements for canal maintenance, sidewalk and drainage purposes and Agreement to grant easements for utilities purposes -- Reso. #3899 h) Ingress/Egress Easement - Temp. Reso. #3 DO (Located at the northwest corner of McNab Road and NW 88 Avenue) 51. Mobi 0'1 - -Northeast corner o Co mer ial oul rd and tate oad 7 - Temn. Ra=n. A3907_ Discussion and possible action to accept a deed for a portion of right-of-way along Commercial Boule- vard and State Road 7. 52. Universit Co un't Hos t 1 - Performance Bond - Temper Reso. # 908 - Discussion and possible action to call a performance bond posted for public improvements associated with the parking lot (sidewalks). 53. Reftler Homes - Bond erase - T_e M. Reso. 3 09 - Discussion and possible action to release a homeowners warranty bond posted against construc- tion defects for a home located at 7975 NW 89 Avenue, which is Lot 4 of Block 3. PAGE 2 12/6/85 58. Petition for Mandamus filed agglinst City for Qrdinance tohase out TUw Plant on NW 61 ,$treet- Discussion and possible action. (Agendized by Consent on 11/27/85) 59. P1ac_e Order with 'lliams Hatfield & toner to Design 5 W-e_lls - Discussion and possible action. (Agendized by Consent on 11/27/85) 62. Widgning of.Univ rsityDive - A ree ent wit Williams, Hatfi ld & Stones - $2,500.00 - Discussion and possible action. (Agendized by Consent on 11/27/85) The City Council may consider and act upon such other business as may come before it. The public is invited to attend. 1 Carol S. 8arbuto Assistant City Clerk Pursuant to Section 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 will need a record of the proceedings and for such purpose, he may need to ensure that a verbatim record includes the testimony and evidence upon which the appeal is to be based. PAGE 3 12/6/85 CITY OF TAMARAC, FLORIDA Ll RECONVENED CITY COUNCIL MEETING DECEMBER 6, 1985 Tape CALL TO ORDER: Mayor Philip B. Kravitz called the meeting to 1 order on Monday, December 2, 1985, at 9:00 A.M. in Council Cham- bers. ROLL CALL: : Pam' Mayor Philip B. Kravitz Vice Mayor Helen Massaro Councilman Raymond J. Munitz Councilman Sydney M. Stein ABSBNT D E : Councilman Arthur H. Gottesman Acting City Manager Larry Perretti City Attorney Jon M. Henning City Clerk Marilyn Bertholf Secretary, V. Diane Williams MEDITATION AND PLEDGg OF ALLEGIANCE: Mayor Kravitz called for a Moment of Silent Meditation followed by the Pledge of Allegi- ance. 64. LQcatign of Tgansplantgos From SueZShiff Pgopexty to Veterans Park - Discussion and possible action SYNOPb9lS OL ACTION: Agendized by consent (See pages 2 & 3 ) V/M Massaro stated she had received a request from Attorney James Brady to agendize by consent the location of the trees that are to be transplanted from the S-curve to Veterans Park. The Vice Mayor said he only has ninety days in which to complete the transplanting. SECONDED by C/M Stein. VOTE: ALL VOTED AYE COMMUNITY M T 42. Tamdrgc_Gardens - Discussion and possible action on: a) Revision to Site. Plan #1 for upgrade apartment change in Buildings 6-C, 7--A and 7--B - s b) Amendment #3 to Water and Sewer Developers Agreement for backflow prevention. SYNOP5IS QFACTION: a) APPROVED as submitted RESOLUTION R-85-394 PASSED b) APPROVED Amendment #3 a) Mr. Henning read lemp.__Reso,__#3$88 by title. Bob Jahn, Chief Building Official, stated that it was a revised site plan to change the size of the units and he recommended ap- approval. V/M Massaro MOVED the APPROVAL of Temp, Rgso. #3888 as submitted. SECONDED by C/M Munitz. MORE ALL -VOTED -AYE b) The City Attorney recommended approval of the short form of the amended water and sewer agreement, Amendment #3. He said this amendment included the backflow prevention provisions and has been executed by the developer including the $50 inspection fee located on page 2, paragraph G. The Vice Mayor MOVED the ap- proval of the amended water and sewer agreement including the backflow provision. SECONDED by C/M Munitz. VOTE: ALL WTED AY 1 J 12/6/85 "TIF111, 43. -B-elfort - Reyisgd SitePlan - T - 8 Discussion and possible action on a revised site plan for upgrade apartment change in Buildings F, 0, P and Q. SYNOPSIS OF ACTION: APPROVED AS AMENDED RESOLUTION NO. R-85-395 PASSED Mr. Henning read TeMv, gesg,388 by title. V/M Massaro said there was a revision on this particular site plan pertaining to a four -foot sidewalk on Westwood Drive, NW 71st Court, which had already been approved. She said this particular sidewalk, according to the original court stipu- lation, was not a required sidewalk but the developer graciousl agreed to install the sidewalk. Bob Jahn, Chief Building Official, said it was a revised site plan of the same proportions as the original; he said the re- vision reflected a change in the size of the individual apart- ments. Mr. Jahn recommended approval. The Vice Mayor said Temp, Rego. # 889 has to be further amended under D, subsection 21 to include a four -foot sidewalk on Westwood Drive, NW 71st Court and MOVED the APPROVAL of the AMENDED Temp_,-Reso.#3839 including the sidewalk provision. SECONDED by C/M Stein. Y_QTE: ALL VOTED AYE 44. As n - Bond Releases TeMR_ Rpso.-#3905 - Discussion and possible action to release the following warranty bonds: a) Phase 2 Water b) Phase 1 Paving and Drainage c) Phase 1 Landscaping d) Phase I Sidewalk SYNOPSIS 0E, ACTI,QN : APPROVED a), b), c) and d) RESOLUTION NO. R-85-396 PASSED Mr. Henning read Temp, Reu,3 0 by title. V/M Massaro MOVED the APPROVAL of TemR. Res-0.9 releasing the warranty bonds. SECONDED by C/M Stein. YQTE: ALL yQTED AYE 45. Ashmont - jarranty Bond - Temp* Reso_. #3906 - Discussion and possible action on disposition of a warranty bond posted for the sanitary sewer system. SYNOPSIS OF ACTION: APPROVED as submitted RESOLUTION NO. R-85-397 PASSED Mr. Henning read Temp, Resso. #3206 by title. The Vice Mayor MOVED the APPROVAL of T s 0 as sub- mitted. SECONDED by C/M Munitz. YTE : C/M Stein (Absent from dais) C/M Munitz Aye V/M Massaro Aye Mayor Kravitz Aye V/M Massaro said there was an indication from Manufacturer's National Bank that they were extending the bond until June of 1986. 64. Lgcation 0 -Trangp2antea-Trees From.Sgtte hi f-Propertto _v ns park - Discussion and possible action SYNOPSIS OFACTION: AUTHORIZED Acting City Manager and Parks Commissioner Solomon to determine placement of trees with conditions Agendized by consent on page 1 2 12/6/85 brrAF 1 1 The Vice Mayor said a request was made by Mr. Brady, attorney for the owner, to know the location for the transplanting of the trees at Veterans Park. She said within the agreement the City required that the trees at the terminus of 57th Street be relocated by the developer to a site at Veterans Park. V/M Massaro indicated that the trees were to be planted at the pic- nic area to provide shade. V/M Massaro MOVED to ASSIGN Parks Commissioner Lou Solomon and Acting City Manager Perretti to identify the exact location for the planting of the trees with the understanding that the general location and placement is to offer the most shade for the persons who will be sitting at the various tables in the picnic area. She said Council could depend on them to determine the placement of the trees and not have them return to Council because the owners of the property would like to go to bid as soon as possible. The Vice Mayor said Mr. Brady informed that their option, if the relocation of the trees became economically out of line, would be to purchase the trees of the same size, quality, type, etc., and plant them at the designated locations to be determined by Mr. Perretti and Mr. Solomon. Mayor Kravitz added, as liaison to Parks and Recreation and the veterans, that he had no objection to the Vice Mayor's MOTION. The Vice Mayor explained Mrs. Bochenek was eliminated because she had indicated that she would be out of town for four days, and V/M Massaro said she expected the work to be completed within the four days. SECONDED by C/M Munitz. Florence Bochenek, Chairman/Beautification Committee, stated that her committee should have been informed because there were many places throughout the City that are desperately in need of trees and felt that if there was an excess of trees, it should have been brought to the Beautification Committee's attention. V/M Massaro said on this particular site it was negotiations re- garding the vacating of the area because they wanted those trees and she convinced the developer that the City needed them more. The Vice Mayor said it was an accomplished fact that the trees would be relocated to Veterans Park. Mrs. Bochenek said she realized that but was still dismayed that her committee was not contacted. V/M Massaro informed Mrs. Bochenek of her negotiations with the State to obtain trees, at which time, she would be consulted. VOTE: C/M Stein C/M Munitz V/M Massaro Mayor Kravitz Absent from dais Aye Aye Aye The City Attorney asked the Acting City Manager to submit a written memo when the placement of the trees has been determined to be included in the file as part of the contract. 52. Unlyegsit _ ommuni y_,_90sRit4l - Performance Bond - TemR. Reso.#3908 - Discussion and possible action to call a performance bond posted for public improvements associated with the parking lot (sidewalks) SYNOPBT,a_ OF ACTION: APPROVED RESOLUTION NO. R-85-399 PASSED Mr. Henning read Temp. Resg, #3908 by title. The City Attorney stated, based on the opinion of the State Ethics Commission, Mayor Kravitz's membership on the Board of Trustees of the hospital was not adequate reason for him to abstain from voting. The Vice Mayor said she had a great respect for University Com- munity Hospital but stated that she was very reluctant to renew this bond. She said it should not take this long to correct a sidewalk situation in the parking lot which was running into years; although she did not feel it was the hospital's fault. The Vice Mayor said Council's renewal would give them another year and the construction company would come back for renewal again. She asked the hospital representative why the work has 3 12/6/85 r«, a., J not been completed. Jamie Torres, Assistant Administrator/University Community Hospital, answered that he was not familiar with all the details but did not feel the hospital was responsible for the delay. The Vice Mayor stated the responsibility was not the hospital except for the fact that the work was not completed; she said it was the responsibility of Hardrive's Company (the bond prin- cipal and contractor). V/M Massaro said there was a bond which the construction company routinely asks be extended. She said the Director of Engineering was concerned that another extension would only continue to be repetitive of last year, the year before, etc. and the work will not be completed. The Vice Mayor stated, if Mr. Torres was satis-fied that the hospital was not holding up the construction, she would like to call the bond forcing them to complete the work or the City will complete it. Mr. Torres said he was not aware that the hospital was holding it up. V/M Massaro MOVED that e o 33 08 calling the bond be enforced. C/M Munitz referenced a 11/19/85 letter from Hardrives Company which indicated that the work had been com- pleted. The Vice Mayor said the work had not been completed. C/M Munitz asked if the company was aware that the City felt the work had not been completed. V/M Massaro said they were aware. SECONDED by C/M Munitz. Yam: C/M Stein C/M Munitz V/M Massaro Mayor Kravitz Absent from dais Aye Aye Aye 24. 09cupational Licenses - d. 218 - Discussion and possible action to modify occupational license tax classifications and fees. Second Reading. (Public Hearing was held 11/13/85) SYN52P$ ACTIM TABLED to January 10, 1986 meeting V/M Massaro MOVED to TABLE the item until the first meeting in January. The Vice Mayor said she had spoken with the City Clerk who informed her that she was updating the ordinance. The Vice Mayor stated she would like Bob Jahn to review the ordinance. SECONDED by C/M Munitz. V_ OTE : C/M Stein Absent from dais C/M Munitz Aye V/M Massaro Aye Mayor Kravitz Aye 38• t c -- Discussion and possible action on: b) Plat - Tgmy, Reso,_ #3834 s $ c) Stipulation #24 - Tgmp, ggs 7 0 d) Amendment to the Water and Sewer Developers Agreemen (Located south of NW 80 Street at NW 84 Terrace) SYNOPSIS QF_ACTION: TABLED for payment of fees V/M Massaro MOVED to TABLE the item to the next regular meeting (12/11/85) because payment of $3280.00 in fees was due. SECONDED by C/M Munitz. C/M Stein C/M Munitz V/M Massaro Mayor Kravitz Absent from dais Aye Aye Aye I 4 12/6/85 I.i..F A".., j 39. Woodmont Tract 48 - Discussion and possible action on: a) Revised site plan reflecting revisions to grass parking, mailboxes and light poles - Temp. Reso. 13902 b) Model sales facility #2 and waiver of the 300-foot distance requirement for certificates of occupancy SYNOPSIS OF CCTTIQN: TABLED a) and b) See pages 7 & 8, 15 & 17) a) Mr. Henning read TemR,__Reso. #3902 by title. Mr. Jahn said Tract 48 was recommended for approval by staff. He said one of the revisions involved removal of grass parking because the developer has changed to enclosed garages. Mr. Jahn said the Post Office would not give them several locations and demanded only one location for the mailboxes. He said the developer also forgot to place a streetlight to take care of the parking lot in the center so they have requested permission to relocate it. V/M Massaro said they were supposed to receive another letter from Mr. Foy in addition to the memo of 10/14 which indicated additional engineering fees were due as a result of the certified costs and since then, according to Mr. Foy, ad- ditional work was done which incurred additional engineering fees. V/M Massaro MOVED to TABLE item until December 11, 1985. SECONDED by C/M Munitz. VOTE: ALL VOTED AY V/M Massaro noted the tabling was for a) and b). The City Attorney said item c), Water and Sewer Agreement, should be added. He asked the City Clerk to add item c) to be heard at the next meeting. The Vice Mayor said guaranteed revenues in the amount of $471.30 are due and two additional fees due as a result of certified costs in the Engineering Department. The Vice Mayor stated there was a Hold Harmless Agreement which referenced the model sales facility; she asked the City Attorney if they were required to have a cash bond when there are model sales which may have to be demolished. Bob Jahn said no bond would be necessary because they are using a permanently built building and permanently built parking lot; he said they were giving the City a Hold Harmless which was what they wanted. V/M Massaro directed Bob Jahn to have the developer remove the guarantee at the bottom pertaining to beautification; she said they have a responsibility that all beautification be in good condition and that paragraph removes their responsibility and she wanted it deleted. 51. MQbil Oil - Northeast Corngrf is ou d sr}d State RoAd 7 - Temp, s 07 - Discussion and possible action to accept a deed for a portion of right- of-way along Commercial Boulevard and State Road 7. SYNQP5 S OF ACTION: APPROVED RESOLUTION NO. R-85-398 PASSED Mr. Henning read Temp,1jeso. #3907 by title. V/M Massaro MOVED the ADOPTION of Temp,. Reso. #3907. SECONDED by C/M Munitz. Yam: C/M Stein Absent from dais C/M Munitz Aye V/M Massaro Aye Mayor Kravitz Aye 53. Hgftler Homgs -- RQnd_ Release - Temp, Reso:_#1209 - Discussion and possible action to release a homeowners warranty bond posted against construction defects for a home located at 7975 NW 89 Avenue, which is Lot 4 of Block 3. SYNOPS 1 SQF ACTION: APPROVED with conditions RESOLUTION NO. R-85-400 PASSED 12/6/85 1T, A" Mr. Henning read Temp. 0 by title. V/M Massaro questioned when a request is made for a HOW bond to be released if the City should not send a letter to the occupants of the house. She said, if it were unoccupied, the City should inspect the building before the bond was released. However, she reiterated that if the house was occupied, the occupants should be notified because she had heard many com- plaints from people who lived there who were not aware that a bond exists or that they have any rights under it. She said she was aware that the bond only covered structural defects but that Council would hear what their problems are and the Building Official could take action on other things even if they were not structural defects. The Vice Mayor said she did not think that they should be releasing bonds without allowing the occupants the opportunity to come in and express themselves. C/M Munitz asked if she was suggesting tabling to allow the City to conduc its own verification. Bob Jahn stated that he concurred with the comments made by the Vice Mayor. However, in this particular instance, the permit was issued to a particular gentleman who had finished the building and had posted his cash bond for the house which was beyond the three-year period. The Vice Mayor asked if it was this gentleman's request and if he owned and lived in the house. Mr. Jahn said it was his request and he is the owner but he was not positive if he lived in the house. He said the gentleman wrote him a letter requesting the bond release. V/M Massaro MOVED the APPROVAL of the release, TeMp. Reso.but asked the Acting City Manager to take the necessary steps to establish a procedure for future releases of HOW bonds. SECONDED by C/M Munitz. The City Attorney stated that he had a visit from one of the owners in the development who was concerned about his own claim. He said the Heftler Homes Development was in the process of being built out by many builders because of sales or fore- closures; however, he was in the process of investigating one particular claim from one of the later builders. The Vice Mayo said his statement added credence to her request that a proce- dure be established to designate someone to follow through and notify the occupant of the house, and if it is vacant, it be- comes the responsibility of the City's Building Official to assign someone to investigate for possible defects. VOTE: C/M Stein Absent C/M Munitz Aye V/M Massaro Aye Mayor Kravitz Aye 59. J21ace Order, klith WilliaMs-f-Hatfield toner to Design 5-Wells -- Discussion and possible action SYNOPSIS OF ACTION: APPROVED AS AMENDED Agendized by consent on 11/27/85 Tape Mr. Henning recapped that at a recent meeting Council passed a 2 Midway Shopping Plaza site plan and part of that development in- cluded the location of five raw water wells to be located on the shopping center site and to be dug or drilled at the same time the shopping center is constructed. The City Attorney said there were four sites in the center of the shopping center whic the City would pursue and an optional fifth site adjacent to thil street which may or may not be dug. Mr. Henning said this particular item under discussion was to authorize Williams, Hat- field & Stoner to do the planning for those particular wells so that they could be bid. The Vice Mayor concurred stating it was to prepare a contract for specifications and drawings for the five raw water wells but it does not necessarily mean that the City has to build all five. V/M Massaro MOVED that Williams, Hatfield & Stoner be AUTHORIZED to prepare contract specifi- cations and drawings for the five raw water wells, well struc- tures and raw water main from the well substructure to the 6 12/6/85 /vdw property line for an amount not to exceed $10,000; the funds to come from a CIAC account. SECONDED by C/M Munitz. VOTE: C/M Stein Absent C/M Munitz Aye V/M Massaro Aye Mayor Kravitz Aye 62. ail dgning of University Drive - Agreemgnt With jpTilliams• Hatfield & Stoner - 52.500.00 - Discussion and possible action SYNOP51S OF ACTION; APPROVED AS AMENDED placement of order to provide the necessary preliminary engineering at an upset amount of $2500 Agendized by consent on 11/27/85. V/M Massaro stated there was an agreement from Williams, Hat- field and Stoner, and it was necessary to establish the loca- tions of the City's utilities. She said this information has to be given to the County and State and MOVED to AUTHORIZE place- ment of an order with Williams, Hatfield & Stoner to provide the necessary preliminary engineering required for the University Drive Widening Program for an upset amount of $2500. The City Attorney asked that she include in the MOTION approval of work authorization #026 to Williams, Hatfield & Stoner providing thirty days for completion of the work. The Vice Mayor said the preliminary engineering was necessary to establish the scope of work and the estimated cost to be applied to the City for the relocation of the utilities. SECONDED by C/M Munitz. E.0 C/M Stein Absent C/M Munitz Aye V/M Massaro Aye Mayor Kravitz Aye Mayor Kravitz recessed the meeting at 10:07 A.M. and announced that the meeting will reconvene at 2:00 P.M. Tape Mayor Kravitz reconvened the meeting at 2:12 P.M. 3 C/M Stein Present C/M Munitz Present C/M Gottesman Present V/M Massaro Present Mayor Kravitz Present 38. Wogdmont Tract 59 - Discussion and possible action on: a) Site Plan - Temp. Reso, b) Plat - Temps_ Reao.__43887 c) Stipulation #24 - Temp. Rgso. 13770 d) Amendment to the Water and Sewer Developers Agreement (Located south of NW 80 Street at NW 84 Terrace) SYNOP51E OF ACTION: TABLED AND RECONSIDERED (See page 4 and 11:& 12) 39. Wogdmont Tract_ 48 -- Discussion and possible action on: a) Revised site plan reflecting revisions to grass parking, mailboxes and light poles - Temp,Reso, #3902 b) Model sales facility #2 and waiver of the 300--foot distance requirement for certificates of occupancy. SYNOPSISF ACTION: TABLED AND RECONSIDERED (See pages 5, 16 & 17) 7 12/6/85 /vdw V/M Massaro MOVED to lift the TABLING for items 38 and 39 because the applicants had been given misinformation regarding the times their items would be heard. SECONDED by C/M Stein. VOTE: ALL YQTED AYE 39. Woodmont T"ct 59 - Discussion and possible action on: a) Revised site plan reflecting revisions to grass parking, mailboxes and light poles - Temp, Reso. ##3902 b) Model sales facility #2 and waiver of the 300-foot distance requirement for certificates of occupancy c) An amendment to the Water & Sewer Agreement SYNOPEIi, 9F_ ACTION: a) and b) TABLED and RECONSIDERED (See page 5, 16 & 17) c) Agendized by consent V/M Massaro MOVED to agendize by consent subsection c) Water and Sewer Developers Agreement. SECONDED by C/M Munitz. Y-QTE: ALL VOTED_ AYE 65. Change Order 6 - Interstate a Maintenance, Inc.- TgDP,-Reso. #3921 - Discussion and possible action SYNOPSIS OF ACTION: Agendized by consent (See page 12 ) V/M Massaro MOVED to agendize by consent TemR.-ReggA3921, Change Order 6, on Interstate Pipe Maintenance for the re- habilitation project. She said the cost would be between $15,000 and $20,000 and that they are still below the amount determined as the City's ultimate cost with this addition. SECONDED by C/M Gottesman. VOTE: L TED AYE 36. Tamarac Nursing ggDteL- Discussion and possible action on: a) Plat -- e s # 60 b) Development Order - Temp. Rgso. J3861 c) Water Retention Agreement d) Development Review Agreement (Project proposed for the west side of NW 79 Avenue, between the canal and NW 57 Street) (tabled from 9/26/85 and 11/13/85) SYNQP�IS OFACTION: a) APPROVED as submitted RESOLUTION NO. R-85-403 PASSED b) APPROVED RESOLUTION NO. R-85-404 PASSED c) APPROVED d) APPROVED as submitted a) Mr. Henning read T-emp. Reso"#3860 by title. Dan Oyler, representing HCR Corporation, recapped that last week the Traffic Signalization and Traffic Impact Ordinance was on the agenda and was tabled. He said prior to that he had submitted a letter to the City stating that since the Traffic Signalization and Traffic Impact Ordinance had not been adopted, he would be willing to pay those fees at the time of site plan approval, if the ordinance had been adopted or at the time of the building permit, if it had been adopted. Mr. Oyler said payment of those fees were made last Wednesday with the understanding that the fees would be returned if the ordinance had not been adopted within six months and was still willing to abide by that. The Vice Mayor assured him that the money would be refunded to him if the ordinance has not been adopted within six months. He asked Council to disregard his letter submitted earlier. The City Attorney said the letter was dated 11/21/85 from Dan Oyler. Mr. Oyler presented the following checks: Traffic Circulation Fund $ 9,450.00 8 12/6/85 /vdw Reserve Unit Fee 59,250.00 Water Retention 8,851.50 Drainage Improvement 657.41 Traffic Improvement Fee 9,205.00 He said one check totaled $18,655 which combined both traffic fees. d) V/M Massaro asked that subsection d) be discussed first. The City Attorney explained that this was a combination of nursing care and assisted -living beds and the developer was in the pro- cessing of having the land use plan amended to provide for a combination of assisted living and nursing care. Mr. Henning said the physical layout of the building and the rooms were i- dentical for both but the nursing care involved slightly more medical care for the patients. The City Attorney stated because of the combination of the use the assisted living was treated as a residential use and the nursing care was treated as a commer- cial use; he said density was required for residential uses. He said the zoning was B-2 and there were no units on the land. However, the developer has agreed to transfer reserve units from other locations in Tamarac to have the 79 beds of assisted living. The City Attorney said the payment for the various units was $59,250.00 and is addressed in the development review agree- ment. He said they took the standard agreement and added a few paragraphs to explain that there are some obligations to amend the land use plan, that there would be reserve units transferred, and that payment would be required for the reserve units. The Vice Mayor added that within the agreement the City agreed to initiate an amendment to its land use plan for the transfer of these units, and the applicant has agreed to pay a fee not to ex- ceed $4,000.00 for advertising and administrative costs for this amendment. V/M Massaro MOVED the ADOPTION of the. Development Review Agreement as submitted. SECONDED by C/M Gottesman. TE: ALL_VQTED ,AYE c) V/M Massaro MOVED the ADOPTION of the water retention agreement. SECONDED by C/M Gottesman. YQTE: ALL VOTED AYE b) Mr. Henning read the 11/25/85 revision of Temps Reso, #3861 by title. V/M Massaro MOVED the APPROVAL of the conditions as indicated by Mr. Oyler in his letter of 11/21/85. SECONDED by C/M Gottesman, VOTE: ALL VOTED AYE a) V/M Massaro MOVED the APPROVAL of TemR. Reso. #3860 as submitted which is for 180 beds for a nursing home. SECONDED by C/M Gottesman. TE: ALL VOTEQ AYE 47. t' s' ss to - Discussion and possible action on: a) Site Plan -- TemR._ Reso. #3892 b) Landscape Plan c) Water and Sewer Developers Agreement d) Water Retention Agreement e) Right -of --Way Deed for 40-feet along University Drive - T]&egg,_43893 f) Public Safety Ingress/Egress Easement - Temn. Reso. #38944 g) Utility Easement for fire hydrant Temp. go -so, #3895 h) Utility Easement at rear of property - TemR, Reso, #3896 i) Agreement for funding future traffic and signali- zation needs. Located -on the t 'de -of University Dri er south -of ut to u d d the xon is tat' n 9 12/6/85 /vdw ` / P F C I a) APPROVED RESOLUTION NO. R-85-409 b) APPROVED as submitted PASSED c) APPROVED subject to inclusion of the condensed version of the backflow prevention amendment d) APPROVED with conditions e) APPROVED RESOLUTION NO. R-85-410 f) APPROVED RESOLUTION NO. R-85-411 PASSED 9) APPROVED RESOLUTION N0. R-85-412 PASSED h) APPROVED RESOLUTION NO. R-85-413 PASSED i) REMOVED from agenda PASSED Mr. Larry Kramer, architect for the project, presented the following checks; Water Retention $1190.00 Drainage Improve- 87.49 ments Water & Sewer 4695.00 ERC Review Fee 750.00 Traffic Impact Fee 1465.79 Traffic Fee 1521.00 a) V/M Massaro read the 12/5/85 revision of Te .eso 892. Bob Jahn, Chief Building Official, stated the site plan three-story office building on .67 acres in a B-6 zone ona57tfo hr a and University Drive; he said staff recommended approval of the the site edplan subjectnt toeCouncil's approval of the 9 items listed in vsheet as fisted on the agenda. The Vice Mayor MOVED the APPROVAL of C/M Stein. 2. SECONDED by ATE: AL VOTED__ AY b) V/M Massaro MOVED the APPROVAL of the landscape plan as sub- mitted. She said the information requested on the L-shaped hedge must be submitted to the Beautification Committee. SECONDED by C/M Gottesman. Y_QTE : c) The Vice Mayor said Pages 9 developers agreements %live be5Of the water n en deleted andthecondensed ve s'1On of the backflow amendment was inserted. V/M Massaro explained that the amendment included a_$50 inspection fee for the backflow Prevention system that must be installed and $50 for each spectiaccepton ot condensedversnstalled ion. Properly. y. Mr. Kramer stated that he M PROVAL of the water and sewer agreement asaindicatedEwithethAP e- substitution of the condensed version of the backflow prevention. Mr. Henning asked the developer to clarify Exhibit D as to the ERC's; Mr. Kramer agreed. SECONDED by C/M Gottesman. VOTE: ALL VOTED A_YE d) The Vice Mayor said the water retention agreement s an a ment to purchase credit for .034 acres and the Price for theee- retention was $1,190.00. Mr. Kramer said they did have a signed document. The City Attorney recommended approval of the revised amount. V/M Massaro MOVED the APPROVAL of the water retention agreement indicating .034 of retention and acknowled in Of $1,190.00 and the signature page is to be signed by theaowner and developer. SECONDED by /MStein. OTE: ALL E e) Mr. Henning read Te es 389 by title. V/M Massaro MOVED the ADOPTION of Temp, es 8 SECONDED by C/M Gottesman. VOT ALLY TED AYE f) Mr. Henning read T so # 894 by title. 10 12/6/85 /vdw 1 V/M Massaro MOVED the ADOPTION of by C/M Gottesman. e 8 4. SECONDED VOTE` ALL VOTED -AYE g) Mr. Henning read gip_. Rego. #3895 by title. The Vice Mayor MOVED the ADOPTION of Temp*�Reso,-#�895• SECONDED by C/M Munitz. VOTE: ALL VOTED -AYE h) Mr. Henning read Te es by title. V/M Massaro MOVED the ADOPTION of by C/M Stein. 8 SECONDED Y_QT_E NOTED AY€ i) The City Attorney recommended that item i) be withdrawn from the agenda because the payment has been received; Mr. Kramer agreed. V/M Massaro MOVED to WITHDRAW item i) from the agenda. SECONDED by C/M Stein. YQTE . ALL VOTED_�1Y_E The Vice Mayor directed Council's attention to a note from the City Engineer which advised that the six-inch water main in front of the property was smaller than the Code required which is eight -inch main and that it must be determined that this defici- ency can be resolved satisfactorily. She said Bob Foy felt that the eight -inch main it would run into may be sufficient but that determination has to be made by Mr. Fo determined that an eight -inch main is required,�athe developery would have to comply. Mr. Kramer said he was aware of that and that Mr. Foy had performed tests on it which were well on the safe side. However, he said if thereewas haychange or a problem, they would work with the engi-neering department. 38. od nt Jct 59 -- Discussion and possible action on: a) Site Plan b) Plat - T s 388 c) Stipulation #24 -- a eso 3 d) Amendment to the Water and Sewer Developers Agreement (Located south of NW 80 Street at NW 84 Terrace) Y P F ACTI a) APPROVED with conditions b) APPROVED AS AMENDED c) APPROVED d) APPROVED AS AMENDED TABLED AND RECONSIDERED ON PAGES RESOLUTION NO. R-85-405 RESOLUTION NO. R-85-406 RESOLUTION NO. R-85-407 PASSED PASSED PASSED Mr. Cavelli presented the following checks: Utilities & $3,280.00 2 ERC's Park & Recreation 190.00 Fund a) Mr. Henning read eso 8 4 by title. The City Attorney instructed the Clerk to correct the date to read November 22, 1985 on lines 13 and 23 instead of October 18, 1985. Bob Jahn, Chief Building Official, said this tract was located in Woodmont south of 80th Street and 84th Terrace and is zoned R-4A consisting of 9.61 acres. He said staff recommended ap- proval subject to Council's acceptance of the items listed on the agenda and the County's approval of the revision of the plat 11 12/6/85 /vdw increasing the number of units from 74 to 76. V/M Massaro MOVED the ADOPTION of the site plan which is ZeMR, Reso-.--#3-834 sub- ject to the County's approval of the revision of the plat which will increase the units from 74 to 76. SECONDED by C/M Stein. b) c) VOTE: T D AYE Mr. Henning read Teinp. Reg-g-,-1-3-887by title. The Vice Mayor asked Mr. Henning if he needed to clarify the intent of the resolution indicating a request for a revision from 74 to 76 units. The City Attorney inquired if the plat had been previously approved by the City Council. The Vice Mayor said it had been and could not be changed. Mr. Cavelli said it was a recorded plat. Mr. Cavelli said the plat could no be revised but explained the process required in order to amend the note on the face of the recorded plat. He said they would have to go through the City process and receive a resolution before the County would allow them to apply to them for approval. Mr. Cavelli said they are requesting a resolution from Council stating that the City Council endorses the increase of two units, then they could file with Hroward County and let the County Com- mission take action and at that point, they would pay the additional impact fees, etc., to the County. Mr. Henning asked if a new plat had to be executed by the City; Mr. Cavelli answered that a new plat would not be necessary. The City Attorney said the resolution should read "A resolution approving an amendment to the notes of restriction on Woodmont Tract 59". He said the language in Section I would read "Upon the recommen- dation of the Planning Commission and the City Engineer, the request for an amendment to the notes on the Woodmont Tract 59 plat is hereby approved". V/M Massaro MOVED the ADOPTION of Temp. Reso. #3887 AS AMENDED by the City Attorney. C/M Stein SECONDED. VOTE: ALL VOTED AYE Mr. Henning read Temp. Reso. #3770 by title. V/M Massaro MOVED the APPROVAL Of Temnp, Reso,_13770. SECONDED by C/M Munitz. VOTE: ALL YQTED AYE d) V/M Massaro MOVED the ADOPTION of the water and sewer agreement AS AMENDED to include the backflow prevention agreement. SECONDED by C/M Stein. VOTE: ALL - VOTED AYE 65. Chan - Intestate Pipe-Maintenance,Inc. - Temp, gSsb.-- Discussion and possible action SY OPS-I.g OFA!QTION: APPROVED RESOLUTION NO. R-85-417 PASSED Agendized by consent on page 8 Mr. Henning read TemR, Resp-,A-3921 by title. V/M Massaro MOVED the ADOPTION of Temp. ResoA-3921 as submitted and the memorandum awarding the contract to Interstate Pipe Maintenance for an upset price of $15,000 to $20,000.00. SECONDED by C/M Gottesman. YQTE: ALL UTEDAYE 48. Tamagac Sguare West - Discussion and possible action on: a) Site Plan - TgMp*_Reso, 13897 b) Landscape Plan c) Water and Sewer Developes Agreement d) Water Retention Agreement e) Developers Agreement f) Declaration of Covenants concerning access and parking g) Grant of Easements for canal maintenance, sidewalk 12 12/6/85 /vdw 1 11 1 and drainage purposes and Agreement to grant ease- ments for utilities purposes - 0 8 9 h) Ingress/Egress Easement - Tip, Reso, #3200 - (Located at the northwest corner of McNab.Road and NW 88 Avenue) SyNORSIS QF..AgTI a) APPROVED b) APPROVED as submitted c) APPROVED with conditions d) APPROVED e) APPROVED f) APPROVED g) APPROVED h) APPROVED h) g) RESOLUTION R-85-414 PASSED RESOLUTION R-85-415 PASSED RESOLUTION R-85-416 PASSED The Vice Mayor asked that the items be discussed in reverse order. Mr. Henning read Tom. Reso. #3200, by title. V/M Massaro MOVED the ADOPTION of T§mP. ResO,00. SECONDED by C/M Stein. VOTE: Mr. Henning read Temp. Reso_.__#3899 by title. Glenn Smith, representing Tamarac Square. West, presented.the following checks: Water Connection Fees $210,904.00 Traffic Signalization Fund 40,000.00 Water Retention Fees 68,530.00 Drainage Improvement Fund 3,250.00 ERC Review Fee 750.00 Mr. Smith said they have voluntarily agreed to make a contri- bution to the Trafficways Improvement Fund of $10,000.00 but requested ten (10) working days in which to submit payment. He said if the ordinance has not been adopted within six months, they would request a refund. V/M Massaro concurred. The City Attorney recapped that this particular item culminated the settlement of a long-standing lawsuit. He said Woodmont Tract 44 site has been the subject of a lengthy lawsuit and now, after much cooperation on both sides, has evolved into what he felt would be an acceptable site plan bringing together several years of effort. V/M Massaro MOVED the APPROVAL of Temp. Reso. 13899. SECONDED by C/M Munitz. VOTE: ALL VOTED AYE f) Mr. Henning said the documents have been executed and submitted by the developer, and he recommended approval. V/M Massaro MOVED the APPROVAL of the Declaration of Covenants concerning access and parking AS SUBMITTED. SECONDED by C/M Stein. VOTE: ALLVOTEDAYE e) The Vice Mayor asked Mr. Henning if the agreement required ratification by Judge Weissing. The City Attorney said they have responded to Judge Weissing's court orders, some of which pertained specifically to this tract, and it was the lawyers' opinions, on both sides, that the document is adequate to be re- corded in the public records and does not need to be resubmitted to the Court. The City Attorney said there were certain deed restrictions for some uses that were found and have agreed to be more liberal. He said the developer has agreed to relinquish their rights to certain commercial uses that were in the old County Code. Mr. Henning said there were explanations of the wall and berms that will separate the shopping center from the western canal and homeowners. There is also a waiver in parking 13 12/6/85 /vdw because the developer, being entitled to perpendicular parking, has agreed to angle parking, and in exchange for that, the City is proposing a waiver of 51 parking spaces; the City Attorney recommended approval. C/M Stein MOVED its ADOPTION. SECONDED by C/M Munitz. VOTE: C/M Stein Aye C/M Munitz Aye C/M Gottesman Aye V/M Massaro (talking on phone - did not vote) Mayor Kravitz Aye d) Mr. Henning said the water retention agreement had been executed - by the developer, and he recommended approval. V/M Massaro MOVE the APPROVAL of the water retention agreement as provided. SECONDED by C/M Munitz. VOTE: &L VOTED AYE c) The City Attorney indicated in Council's backup a revised page 6 for 128.6 ERC's which has been executed by the developer; he recommended approval of the water and sewer developers agreement. The Vice Mayor stated that Mr. Henning had indicated, at one point, that he wanted 128.6 inserted on page 4, and if so, instead of the asterisks under "Contributions - Water" it should read "128.6" and also under "Contributions - Sewer", it should read "128.6". She said another provision has to be attached to the water and sewer agreement indicating the uses for the various stores have not been established and that the agreement will be subject to further amendment when the uses are established and MOVED, subject to those conditions, the water and sewer deve- lopers agreement be APPROVED. The City Attorney indicated to Mr. Smith that there was a back -- flow prevention clause regarding connection in this agreement and offered him the condensed version of the backflow prevention language. Mr. Smith stated he would prefer the short version. SECONDED by C/M Gottesman. V/M Massaro stated there was a note from Mr. Foy which informed that before the developer obtains a water meter, the actual fix- ture count will be submitted by the applicant or owners and an adjustment to the meter size may be established at that time and as they go along. Mr. Smith said it would be on a store -by --store basis. VOTE: ALL VOTED_ AYE b) V/M Massaro MOVED the APPROVAL of the landscape plan as submitted and approved by the Beautification Committee. SECONDED by C/M Gottesman. VOTE: ALL_ VOTED_ AYE a) Mr. Henning read hemp. Reso. #3897 by title. Bob Jahn, Chief Building Official, reported that the site plan encompassed approximately 22 acres at McNab Road and Pine Island, and he recommended approval of the site plan subject to condi- tions which staff has already handled on its agenda with the ex- ception of one which is to permit waiver of the platting of 25.708 acres. The City Attorney said at one point Mr. Jahn was correct; however, in the developers agreement approved earlier, there was a paragraph regarding the platting and was waived by the Council as part of that agreement. He said since there will be no platting required, the guaranteed revenues under the water and sewer agreement will begin in six months as opposed to one year because the developer will not need the additional time to process the plat as it is not required. Mr. Henning said all the information is contained in the water and sewer agreement and the developers agreement. Mr. Jahn WITHDREW his condition because Mr. Henning had indicated that it had been taken into consi- deration. V/M Massaro MOVED the APPROVAL of Temp. Reso. #3897 14 12/6/85 I /vdw which is the site plan for the Tamarac Square West project. SECONDED by C/M Stein. VOTE: ALL VOTED AYE The City Attorney noted that Mr. Smith had informed him that there were some right-of-way deeds which were submitted. Mr. Smith explained that they were dealing with two county roads, McNab and 88th, and part of the arrangement with the City and the County was that they would furnish additional rights -of -way so that an intersection may be expanded at a later date as marked in the dark blue on the site plan. He said the warranty deeds and easements represent what the County has requested of the developer, and the developer agreed to submit the original docu- ments to the City for transmittal to the County for recording. Mr. Henning noted receipt of an easement dated November 20, 1985, and a special warranty deed dated November 20, 1985, from McNab Associates, Ltd. of Florida, a limited partnership. He said they were county forms which have been submitted to the City, at the City's request, and will be transmitted to the County. 58. Petition -for Mandamusfiled against t City-f-or-Ordi- nance to phaseout TUW Plant on NK 6 - Discussion and possible action (Agendized by consent on 11/27/85) SYNOPSIS OF ACTION: APPROVED continued litigation Mr. Henning indicated submission of a short memo and a copy of one of the pleadings in this particular case. He said, under the referendum procedure, which is provided in the Charter with an enabling ordinance, a committee of five Tamarac voters made a re- quest of the Acting City Manager to provide them with the appropriate petitions forms to have an ordinance passed by the voters of Tamarac. The City Attorney acknowledged that the Acting City Manager sought his advice and, he in turn, requested additional assistance from Mr. Alan Ruf, Consulting Attorney. Based upon the advice given to him, Mr.Perretti submitted a written response indicating his refusal to release a petition form. Mr. Henning said an Ex Parte hearing pursuant to Mandamus procedues was held before Judge Herbert Moriarity in the Broward Circuit Court. He explained that a Mandamus action was a request or a legal action which required a public official to do what is considered a ministerial function. The City Attorney said they have initiated a defense to the legal proceedings and asked for Council's direction as to whether they wish the attorneys to pursue the legal avenues that are found to defeat the petition procedure or whether Council wished them to attempt to reach a compromise. He indicated the City was prepared to make a small dollar commitment and did not feel that a defense would be extremely costly. C/M Stein stated it would be pointless to oppose the petition and spend the City's money. He said, if the committee could obtain the necessary signatures as required by law, he felt the voters should be allowed to decide the matter. C/M Stein said if it went to Court and the Court ruled in favor of the petitioners, the City would have to hold a special election which would cost approximately $16,000. C/M Stein was of the opinion that the Court would rule that Mr. Perretti must issue the petition be- cause it was not discretionary. He said the Charter and the ordinance does not say that Council has anything to do with it because it was an administrative job. V/M Massaro cautioned that it was very important that the people really know the facts and did not feel that petitions should be circulated among the residents when all the facts were not known. She said it would cost a lot more in the years to come than the approximately $16,000 referenced by C/M Stein for a special election. The Vice Mayor MOVED the continued litigation of this matter. SECONDED by C/M Gottesman. C/M Munitz said, stripped of its legal ramifications, it amounted 15 12/6/$5 J /vdw ,/ to whether Council really wanted to listen to the people. He said it would be very simple to educate the people as to the consequences of voting yes or no when the item is on the ballot as a referendum. C/M Munitz said the mere fact that the citizens sign a petition only meant that the people felt they should decide their own destiny and not just the people on Council. He said the right of petition was inherent to the federal constitu- tion and cannot be denied to the people. C/M Munitz questioned if the City was operating under a tight budget, to pursue this would be a waste of money. VOTE C/M Stein Nay C/M Munitz Nay C/M Gottesman Aye V/M Massaro Aye Mayor Kravitz Aye 39. MODKONT TRACT 48 - Discussion and possible action on: a) Revised site plan reflecting revisions to grass parking, mailboxes and light poles - Temp. Reso, #3902 b) Model sales facility #2 and waiver of the 300--foot distance requirement for certificates of occupancy. c) Water and Sewer Developers Agreement SYNOPSIS F ACTION: a) APPROVED RESOLUTION NO. R-85-408 PASSED b) APPROVED with conditions c) APPROVED (See pages 5 and 7) Agendized by consent on page 8 Mr. Cavelli presented the following checks: Guaranteed revenues $471.30 Sidewalks 359.37 Construction cost 235.13 estimates after certification a) Mr. Henning read Temp, Res-o-,_13,902 by title. The City Attorney stated line 25 should read "NW 81st Street at NW 85th Avenue, and Building 7". Mr. Cavelli said the extent of the dimension located at the rear of the building originally was a 25-foot setback but was now a 35-foot setback. He said as a result of it, the sales model was 10 feet and Building #7 was a little narrower and increased the setback. The City Attorney instructed the City Clerk to DELETE the "and" at the end of line 24. Bob Jahn, Chief Building Official, said he was in agreement with the 35-foot setback. Mr. Cavelli presented a revised sealed drawing to the City Clerk with a revision date of 12/5/85. The Vice Mayor MOVED the APPROVAL of Tamp_._Reso. #3902. SECONDED by C/M Stein. VOTE: C/M Stein Aye C/M Munitz Absent C/M Gottesman Absent V/M Massaro Aye Mayor Kravitz Aye b) V/M Massaro asked Mr. Cavelli to remove the guarantee section of the landscape plan for sales models which is also the plan for temporary sidewalks and parking for Woodmont Tract 48. She said the guaranteed section does not comply with the City Code. The Vice Mayor said the beautification has to remain for the duration of the sales models; Mr. Cavelli agreed to the removal of the guarantee section. V/M Massaro MOVED the ADOPTION of the model sales facility as provided on the plans submitted subject to the REMOVAL of the guarantee and the City will waive the 300-foot distance requirement for certificates of occupancy. SECONDED by C/M Gottesman. 16 12/6/$5 /vdw 1 VOTE: C/M Stein Aye C/M Munitz Absent C/M Gottesman Aye V/M Massaro Aye Mayor Kravitz Aye c) Mr. Henning informed that he inserted the condensed version of the backflow prevention provisions for the water and sewer agree- ment and recommended approval. V/M Massaro SO MOVED. SECONDED by C/M Stein. VOTE: C/M Stein Aye C/M Munitz Absent C/M Gottesman Aye V/M Massaro Aye Mayor Kravitz Aye - Mayor Kravitz adjourned the meeting at 3:50 p.m- _ loop" ,On 00.0q M CITY ERK This public document was promulgated at a cost of $221.75 or $ 6.17 per copy to inform the general public and public officers anndemployees about recent opinions and considerations by the City Council of the City of Tamarac. CITY OF TAMARAC ROVED AT MEETING OF CP City Cte 17 12/6/85 /vdw