HomeMy WebLinkAbout1990-10-10 - City Commission Regular Meeting MinutesCITY. OF TAiMARAC
CITY COUNCIL REGULAR MEETING
WEDNESDAY, OCTOBER 10, 1990
Mayor Abramowitz called this meeting to order on
Wednesday, October 10, 1990 at 9:00 A.M. in the Council Chambers.
NATION AND PLEDGE OF ALLEGIANCZ; Mayor Abramowitz called for
the Pledge of Allegiance followed by Moment of Silent Meditation for the
service men and women overseas.
Mayor Norman Abramowitz
Vice Mayor Bruce Hoffman
Councilman Dr. Larry Bender
Councilman Henry Rohr
ABSENT _AND __�7CCI7SED�
Councilman Henry Schumann
ALSO PRESENT
John P. Kelly, City Manager
Alan F. Ruf, City Attorney
Carol A. Evans, City Clerk
Karen Jackson, Secretary
1. PRESENTATION by City Manager Kelly of a five-year service award
to LARRY BVRKS, Public Works Department, and ten-year service
awards to MILTON GLASS, Public Works Department, and MARK
SMITH, Fire Department.
SYNOPSIS Or AC!IT ON"
Presentations were made.
2. by Mayor Abramowitz of a proclamation designating
the month of October, 1990, as "NATIONAL STAMP COLLECTING
MONTS".
Presentation was made to Margaret Bourdon, Assistant Principal of
Tamarac Elementary School.
Mayor Abramowitz read the proclamation and presented it to
Margaret Bourdon, Assistant Principal of Tamarac Elementary
School.
Margaret Bourdon expressed her appreciation for the continuous
support by the Council and residents of Tamarac.
3. by Mayor Abramowitz of a Certificate of Appreciation
to RXRMAN SRULMAN of the Public Information Committee.
SYNOPSIS Off'+' __ ACTION:
Presentation held for City Council meeting on Wednesday, October 24,
1990, at 7:00 P.M.
Mayor Abramowitz said Mr. Shulman deserves to be honored
individually and held the presentation for Wednesday, October 24,
1990, at 7:00 P.M.
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4. PRaSF�ITATION by Mayor Abramowitz of a proclamation designating
the week of October 14-20, 1990, as "SCHOOL LUNCH WEEK".
$ice ,QP S IA OF ACTION;
Presentation was made to Judy Adams, Supervisor of the School Board of
Broward County.
Mayor Abramowitz read the proclamation and presented it to Judy
Adams, Supervisor of the School Board of Broward County.
Ms. Adams expressed her appreciation.
5. $P$SRNTATION by Mayor Abramowitz of a proclamation designating
the week of October 20-28, 1990, as "NATIONAL RED RIBBON WZZK".
AYNOPSI4 gF ACTION=
Presentation was made to Jack McCann of Broward Informed Parents.
Mayor Abramowitz read the proclamation and presented it to Jack
McCann of Broward Informed Parents.
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Mr. McCann expressed his appreciation and said this support needs
to be for all 365 days per year.
6. PRaS &7!,IRN by Mayor Abramowitz of a proclamation desigrnat;ing
the week of October 7-13, 1990, as "FIRE PREVENTION WEEK" j
S,YNOP S 1 3 ACT I ON :
Presentation was made to Jim Budzinski, Fire Marshal.
Mayor Abramowitz said the Fire Department is entertaining 2,000
children from Tamarac and other sister cities and Dade Count► this
week.. He said they have built a stage with a bedroom on it to
teach them how to escape from burning buildings and rooms.
Mayor Abramowitz read the proclamation and presented it to Jim
Budzinski, Fire Marshal.
Mr. Budzinski expressed his appreciation and said the Fire
Department invites the Council and residents to come to the Fire
Station to observe the show. He said they are trying to educate
the youngsters and welcome all members of the community. He,said
for the next two weeks they will be performing this show. He
recognized newly appointed commanders: Mark Smith, Jim Karcher and
Rex Van Mehren, who have done a fine job setting this shoe up.
7. gp,,ZSENTATION by Mayor Abramowitz of a proclamation designating
October 10, 1990, as "R1=MBRANCE DAY".
AXW2SIS OF AqX'TON:
Presentation was made.
Mayor Abramowitz asked the following Veteran Organization Meters
to join him for this presentation: Al Mallor-Past Commander
D.A.V. Chapter 73 and Chairman of the Veterans Affairs Committee,
Tamarac, Kenneth Drown -Commander American Legion Post 265, Jack
Slutsky-Commander Amvets Post 2, Charles Messinger -Commander
D.A.V. Chapter 73, Nora Gould -First Vice Commander American Legion
Post 265, Harry Cohen -First Junior Vice Commander Jewish War,
Veterans U.S.A. Post 519, Abraham Blank -Past Commander D.A.V.
Chapter 73, Andrew Johnson -Chaplain American Legion Post 265,
Harry May -Legislative Chairman D.A.V. Chapter 73 and Louis
Solomon -Chaplain Jewish War Veterans U.S.A. Post 519.
Mayor Abramowitz commended these men and women for their work &nd
involvement. He said they take the wheelchair patients to the
hospital and, four times a year, cook and entertain them.
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Mayor Abramowitz read the proclamation and presented it to Al
Mallor-Past Commander D.A.V. Chapter 73 and Chairman of the
Veterans Affairs Committee.
Mr. Mallor expressed his appreciation on behalf of the Veterans
Alliance of Tamarac.
CONSENT__ AGENDA
8. Items listed under Consent Agenda, Item 8, are viewed to be routine
and the recommendation will be enacted by gne motion in the form
listed below. If discussion is desired, then the item(s) will be
removed from the Consent Agenda and will be considered separately.
a. X=XON TO, APpthe minutes of the following City Council
meetings:
1. 9/25/90 - Special Budget Public Hearing
2. 9/26/90 -- Regular Meeting
3. 10/2/90 - Special Meeting
,..0 A44CORA
b. XQTION TO APPROVE renewal of a model sales permit for
UNIVERSITY CLUB APARTMENTS, Building D. Units 57 and 70,
for a six-month period from 11/11/90.to 5/11/91.
SYNOPSIS OF ACTION.
APPROVED.
C. MQTIQN_TO APPROVE renewal of a. model sales permit for
CLASSIC COMMERCIAL VILLAS for a six-month period from
10/25/90 to 4/25/91.
SYNQRhI&Qg ACTION:
APPROVED.
d. MQTI,QE TO _APPROVE renewal of a model sales permit for
MISSION LAKES/CORAL CREEK in Unit 107 at 6900 Southgate
Boulevard for a six-month period from 11/24/90 to 5/24/91.
APPROVED.
e. H==- TO ADOPT Tg"- Rag_e,r__j59D3 authorizing the
appropriate City officials to execute an agreement with
American Golf Corporation concerning improvements to be made
at SABAL PALM GOLF COURSE and requiring food to be placed
in sealed plastic bags prior to being placed in dumpsters.
RESOLUTION NO. R-90-223-PASSED
APPROVED.
f. 1. MOTZQNJO _ADOPT__TemV- Reno- 85895 accepting a
Tamarac Utilities West Water and Sewer Utility Easement
offered by Icon Development Corporation for the CORAL
CREEK/MISSION LAKES project.
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2. NPT;019 TO- ADOPT, gyp_ Remo- 458%fi accepting ani
Agreement and Covenant Running With The Land offered by
Icon Development. Corporation pertaining to a dunpster
enclosure, parking lot lights and poles which may
encroach upon a utility easement at the CORAL
CREEK/MISSION LAKES project.
3'. MOTIOK TO MQPT Temp_ Reno- #5997 accepting ai
Partial Subordination of Encumbrance to Property Rights
offered by Flagler Federal Savings and Loan Association
of Miami for the CORAL CREEK/MISSION LAKES project.
4YVQR,AXAq OF- ACTION-!
APPROVED f.1.12.1 & 3.
RESOLUTION NO. R-90-224-PRS$ZD
RESOLUTION NO. R-90--225-PAS.SZD
RESOLUTION NO. R-90-226-PAS$SD
g. 1. MPTIPIR TP "OPT Teiqp_ Reno, f58R? accepting a ,
Tamarac Utilities West Water and Sewer Utility Easement
offered by Jasmine Homeowners Association, Inc., Jasmine
Recreation Association, Inc., and Jasmine on The Greens
for the JASMINE project.
2. KQTZON TO ADOPT, „ g&zgR,__AAao _ 45893 approving a will
of sale offered by Transcapital Development Corporation
for the water distribution and sewage collection skstem
improvements for the JASMINE project.
3. HPTION TO �ADPPT TgX4p_ 1,pso. 95894 releasing a
performance bond in the amount of $132,658.50 posted for
public improvements for the JASMINE project subject to
receipt of a one --year warranty bond in the amount of
$60,095.50.
FIB MTION_ RESOLUTION NO. R-90-227-PASSED
APPROVED 9.1., 2., & 3. RESOLUTION NO. R-90-228-PASSED
RESOLUTION NO. R-90-229-PASSED
h. MOTION TO 4Pk)A()yJ the Second Amendment to the Water and
Sewer Developers Agreement with British Colonial Resort
Villas for the COLONY COVE (PARCEL L, WOODLAND LA ZSJ
project.
$YNPPtqfiA OF ACTIMI
APPROVED.
i. MOTION TQ ADOPT Temp, „moo_ #5999 accepting a Tamarac
Utilities West Water and Sewer Utility Easement offered,by
R.K. Development Corporation for the MARKETPLACE A7
TAMARAC project located on West Commercial Boulevard east of
NW 70 Street.
$, POPSIS PKF, ACTION: RESOLUTION NO. R-90-280-PAjS BED
APPROVED.
*. C/M Rohr MOVED TO APPROVE Consent Agenda, SECONDED by
* C/M Bender.
VOTE:
ALL VOTED AYE
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9. MOT -TON TO APPROVE the transfer of $37.312.00 from various
contingency accounts to various departmental accounts to fund the
award of Bid #90-14 for group health insurance.
gYH4PSiR of AcTIONr
APPROVED.
* C/M Rohr MOVED TO APPROVE the transfer of $37,312.00, SECONDED
* by V/M Hoffman.
City Manager Kelly said this is a follow-up from the meeting of
September 26, 1990 authorizing the rate increase obligated by
contact. He said the rate increase requires the total transfer of
$37,312.00 from various contingency accounts. He said there are
two contingency accounts to be discussed. He said one is the
General Fund and the other from the Utility Department, which are
two separate functions within the City. He said from the General
Fund there is $26,366.00 and from the Contingency for the
Utilities, $8,762.00. He said this is broken down by individual
department which will be posted on the bulletin board.
VOTE: ALL VOTED AYE
10. a. MOT jgfi =_- ADOPT Temn Reso - #5899 approving a plat
entitled J & J PLAT.
b. MoTroN__To ADOPT Temp_ Rang, 15900 approving Development
Order #268 and a Development Review Agreement and a Blanket
Public Safety Ingress/Egress Easement for the J & J PLAT.
(located on the south side of McNab Road, east of NW 106
Avenue)
RESOLUTION NO. R-90-231-PASSED
APPROVED a. & b. RESOLUTION NO. R-90-232-PASSED
* a. V/M Hoffman MOVED TO ADOPT ,-SECONDED
* by C/M Bender.
City Attorney Ruf read Temu_ Reso_ #5899 by title.
Kelly Carpenter, Director of Community Development, said this is
the J & J Final Plat located on the south side of McNab Road, east
of NW 106 Avenue. She said this is a 9.46 acre site in the
northern part of Land Section 7. She said the Tamarac and County
Land Use plans designate the land as industrial. She said the
Parcel is properly zoned LI-1 (Light Industrial). She said the
City is gradually platting each of the pieces in Land Section 7 to
begin development of its industrial tax base. She said Staff used
Chapter 21 of the Code for the criteria for the review of plats.
Ms. Carpenter said as a condition of the plat approval the
applicant must enter into an agreement with the City that all
required public services and facilities will be available at the
time of site plan approval or that developer will pay for those
required public facilities and services at the time of site plan
approval. She said this agreement must be in form and will be.
recorded in the public records of Broward County. She said the
plat has been.reviewed by the Tamarac Staff Review Committee and
comments have been met.
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Ms. Carpenter said the surrounding uses are as follows: north --
single family, south, east and west -industrial. She said this
plat does not constitute a concurrency review. She said the
review will occur at site plan. She said the concurrency review
is performed by Broward County during plat review and is deemed
applicable to State and Regional roads in Tamarac, not to the
local roads. She said the Planning Commission recommended
approval of this final plat at its August 15, 1990 meeting and
Staff recommends approval. She said the applicant is present..
VOTE: ALL VOTED AYE
* b. C/M Bender MOVED TO ADOPT Temp_ A�f.A� -t,5900, SECONDED by
* C/M Rohr.
City Attorney Ruf read Terms. Resq_ #SPOQ by title.
Ms Carpenter said these are the Development Order and Development
Review Agreement referred to in Item 10.a., which go with the
J & J Plat.
VOTE: ALL VOTED AYE
Mayor Abramowitz said by law, the Public Hearings cannot begin
until 10:00 A.M. and OPENED the Public Forum. He asked the public
to restrain from discussing any item on the agenda scheduled for a
public hearing.
PPXJJ JWLIC . FORUM
17. QrXN PUBLIC FPWW - 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.
Nathan Peretzman, resident, asked if the money given to
Medics for transportation service in the ambulance contract is a
flat rate, regardless of how many trips made to the hospital,
City Manager Kelly said the money is a fixed rate and does not
change as to the amount of uses.
V/M Hoffman asked to explain what Mr. Peretzman means by a fiat
rate.
Mr. Peretzman said regardless of how many trips are made to the
hospital, is it a flat rate.
V/M Hoffman said the City signed a contract with the ambulance
service for $104,000.00 to transport any resident in the City, who
requires emergency transportation, whether it is 1,000 or 100,000
trips to the hospital.
Mayor Abramowitz said this is not a requirement, it is a service
issued by the City to cover and protect the residents of the City.
Mr. Peretzman asked how it is known if the full amount of monies
will cover all the trips. He said there was $277,000.00 cn the
first three contracts. He asked if $270,000.00 was used and there
is a surplus of $7,000.00, who would receive this money.
Mayor Abramowitz said this money is monitored by Broward County
and the City.
V/M Hoffman said Mr. Peretzman has a personal interest in this
service because his wife requires service on a regular basis which
is not an emergency service. He said Mr. Peretzman feels that his
wife should be given taxi service, to hospAtals on a regular
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basis. He said the City provides free transportation to residents
who call 911 for emergency service only. He said if Mr.
Peretzman's wife should require emergency service and it is an
emergency, she will be given the same right and free service as
any other resident in the City. He said the City cannot supply
weekly or monthly taxi service to hospitals or anywhere else. He
said Council sympathizes with his needs, but the City cannot
supply taxi service for people who require it.
Mayor Abramowitz asked Mr. Peretzman to please sit down and Mr.
Peretzman refused and said what V/M Hoffman said is irrelevant.
V/M Hoffman asked City Manager Kelly to call the BSO and have them
send a deputy.
Mayor Abramowitz asked Mr. Peretzman to please sit down again, and
to discontinue this conversation.
Mr. Peretzman refgsed and said that he wanted them to call the BSO
and tell them that they want to have him arrested for disturbing a
public meeting.
Mayor Abramowitz called Melanie Reynolds, resident, next to speak,
and Mr. Peretzman sat down.
Melanie Reynolds, resident, commended Carol Evans, City Clerk, for
the promptness that the new Charter was printed. She said the
City Codifier should be changed because they have confused things
to such a degree that the residents cannot any longer rely on what
is in the Code.
Anthony Grimaldi, resident of Heathgate, said in the new issue of
the Tam -A -Gram, the residents are being brainwashed with the
possibility that in June, 1991, the garbage fees will go up to
$14.00 per month. He said the. Council and City Manager are
working to find an alternate collection method to lower these
rates. He said it also reads that the residents are lucky to be
paying only $14.00 per month because people in Fort Lauderdale
will be paying $21.00. He said every time the residents begin
getting brainwashed into being raised, they have to compare the
rates to other cities.
Mr. Grimaldi said he does not feel that the City is doing
everything possible to prevent taking the money from the
residents. He said there should be an effort made to get a
tonnage record of the amount of garbage that is really collected
in the City. He said there should be a survey done by the City,
not by Waste Management, of the actual tonnage collected in the
City. He said he feels the City Council should appoint a
Committee, before the new contract goes into effect, to study the
tonnage and the rates.
Mayor Abramowitz said everything that can be done to fight Waste
Management is being done. He said there is no where else in the
State of Florida to go for waste removal.
18. CITY COUNCIL REPORTS
C/M Rdhr said in the November election, there will be Referendum 3
referring to the mandate funding by the State. He said Council is
being asked to tell the Legislature not to create laws and
requirements to the municipalities and then not fund them. He
said they have passed 287 laws giving no money to the
municipalities and the cities are being forced to abide by these
laws. He said the people are going to have a chance to tell the
Legislature to stop making unfunded laws for the municipalities.
He said to remember to vote ,= the new Referendum.
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Mayor Abramowitz said because of the ambiguous language on this
Referendum, a yes vote may be to deny it. He said the City is
starting a campaign next week to educate the people regarding
Referendum 3. He said at that time, after the attorneys have
deciphered the language, if the public does not want the
Legislature to make more laws without funding, the City will then
recommend the correct way to vote. He said sometimes when you
vote yes, it means no.
C/M Bender said the City has a 5 year contract with Waste
Management. He said there is a two year time period left on the
contract. He said the rate increases were prescribed three fears
.ago .
V/M Hoffman - NO Report.
19. CITY MANAGER REPORT
Qity_jUnage„r Kelly - No Report.
20. CITY ATTORNEY REPORT
Cit,,y Attorney Ruf - No Report.
With no further business to discuss other -than Public Hearing'sr
Mayor Abramowitz RECESSED this meeting at 9:45 A.M. and
RECONVENED at 10:00 A.M. with all present.
$QHEARINGS - IQ,.;_Qb A.M.
rPAgMAjity DevelopmeJ;
11. PPA,AY,C WARING - XQX7,Q)q TO ADOPT Tanta_ Rep}( , #5867,
concerning a request by FLH Homes, Inc., for special exceptiOr to
permit a gasoline service station, with car wash and foodnart, at
the southeast corner of McNab Road and NW 88 Avenue, which is
zoned B-2 (Planned Business). Petition #23-Z-90 (tabled on
9/12/90)
AXNOP S I 9 Or,_ACTAQN _
Public Hearing was held.
Sent back to Planning Commission for another Public Hearing and
Statement of Fact.
City Attorney Ruf read jag$_ Reno_ #5467 by title.
* C/M Rohr MOVED TO ADOPT 7!p%p. Reso. #5867, SECONDED by
* C/M Bender.
Ms. Carpenter said this is Petition #23-Z--90 by FLH Homes, Isc.
for a special exception for a gas station, car wash and food mart.
She said this is a 1.49 acre parcel currently zoned B-2 and
designated commercial on the Land Use Plan. She said it is
located at the southeast corner of McNab Road and Pine Island
Road. She said the parcel is platted as a portion of Parcel R-
Woodland Lakes. She said the surrounding land uses are as
follows: north, south, east and west -commercial.
Ms. Carpenter said directly to the west is a vacant parcel zoned
commercial at the southwest corner of Pine Island Road and MoNab
Road. She said further south and further west are residential
portions, but directly to the west is commercial. She said to the
north is a well established strip shopping center, to the south
and east are other portions of Parcel R-Woodland Lakes, currently
vacant and not a part of this application. She said to the west
is undeveloped B-2 surrounded by the greens existing residential
R4-A. She said this site is not in a wellfield protection zone,
Ms. Carpenter said the Code provides no guidance concerning th.e
required conditions for a special exception for gas station, food
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City Council Regular Meeting
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mart or car wash; however, the Council may set reasonable
conditions specifically related to the request. She said a
special exception is not a rezoning. She said the use requested
for a gas station is a permitted use in B-2. She said the
Planning Commission recommended denial of this special exception.
She said Section 24-552C requires the Council to acquire a four
fifths vote for approval to override a Planning Commission
recommendation of disapproval.
Ms. Carpenter said Staff has recommended approval of this special
exception subject to the following conditions: 1) Landscape and
irrigate median on Pine Island Road and McNab Road for the entire
length of Parcel R-Woodland Lakes. This landscaping shall
demonstrate escape principles and shall be included in the
landscape plan for the gas station. 2) All requirements of the
EQCB with respect to groundwater protection must be met and EQCB
approval certified to the City at site plan. 3) The food mart is
restricted to no on -site food preparation. 4) A site plan
demonstrating a safe ingress, egress and circulation for all of
Parcel R is required. Each individual increment cannot stand
alone in this regard. 5) The gas station is restricted to 50%
impervious area, the amount of interior landscaping within the
impervious area shall amount to no less than 10% of the total area
used for parking and accessways. 6) This special exception.will
be valid for one year from the date of Council approval.
Ms. Carpenter said his special exception may be extended for one
year administratively and any further extension shall require
Council action. A valid building permit must be pulled within
one year of approval for this special exception to remain valid.
7) This special exception approval does not constitute a
concurrency review. At site plan, all public services and
facilities must be available to Parcel R.
Ms. Carpenter said the applicant is required to supply a TRIPS run
from Broward County. She said that run must demonstrate that
there are sufficient trips available on the regional system to
accommodate this gas station. She said since the plat was
approved prior to March 20, 1989, the City should require the
TRIPS run, as a condition of this special exception. She said the
TRIPS run is to be presented prior to site plan approval. She
said the applicant is present.
Stuart Feiner, representative of FLH Homes, Inc., said this has
been a specially planned area to insure the success of this site.
He said insuring the success of the site would also increase the
City's tax base from revenues and also increase the value of the
homes around this development. He said it has been proven in
Broward County and all the surrounding counties that the
residential real estate increase.
Mr. Feiner said the site plan calls for a car wash to be on the
south side of this special exception but FLH Homes, Inc. has
voluntarily moved this car wash to the north and to the west. He
said this 9 acre parcel is presently zoned for a shopping center.
He said FLH Homes, Inc. would like to rezone this parcel to R3-U
upon the special exception being granted. He said R3-U is a very
low density villa residential community and they would then
conclude to half being residential and half being commercial and
gas station property . He said he feels this would be a valuable
asset to the City.
Mr. Feiner said the sign and petition has been up 60 - 75 days.
He said there -are some people opposing this site plan but there
are 42,000 people in the City of which, if 1/10th or 1/100th of
the people that are represented may be opposed to this, the
minority should not speak for the majority of the people. He said
this is a positive development and is positive and advantageous
for the City.
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Mr. Feiner said the service station has been enlarged for parking
and landscaping in order to be able to have better ingress aAd
egress, be able to manipulate and take cars through the axes i.n a
more efficient manner and will be able to further landscape,;not
only the plan site but also the median strips of Pine Island'iooad
and MCNab Road to beautify the area.
Milton Meyer, resident of the Greens of Tamarac, expressed his
appreciation for the support from the residents present for the
hearing on this Item. He said he lives directly across the atreet
from where this gas station is intended with the nearest point
being 200 feet. He said if any homeowner or condo resident was
asked what would be the worst thing that could happen to their
properties, they would say a gas station across the street.
Mr. Meyer said his first problem is the posting of the notice. He
said he feels this notice did not comply with the Tamarac Code
which reads, "Notice of the Hearing shall be posted on the
property in question". He said this is a notice to advise
residents what is going to happen and it may seriously effect them
and give them an opportunity to attend the Public Hearing. Be
said the people still do not know what is going on with Item 11.
He said the posted sign reads, "A land development permit is being
sought from the City of Tamarac for this property. Please call
722-5900 Extension 450 for information."
Mr. Meyer said nothing on this sign alerts the public as to what
is going on. He said there is no notice of a time, place,
location or purpose of a hearing. He said the phone number is the
number for the Planning Commission. He said the responsibility of
posting the sign and notifying the public is of the applicant, not
the Planning Commission. He said that is confusing and ambiguous.
He said this sign was purposely worded so that the public woU ld
not know what is going on. He said that the applicant knew what
they were planning to do was not a very nice thing to do to the
residents in the area.
Mr. Meyer asked if there is really a need for a gas station. He
said at present, there are 5 gas stations within two minutes og
the proposed site. He said there are 2 car washes and 3 food
marts connected to gas stations. He said there is no lack of food
marts in the area. He said the Farm Store is located about one
block from the proposed site and a family -owned grocery that is
struggling to survive.
Mr. Meyer said the proposed concept also involves an area of
retail stores. He said along McNab Road from University Dri�e to
Nob Hill Road, there are 100 vacant stores. He said that isinot
counting all the stores vacant in other shopping centers in
Tamarac. He said the City has a number of large concrete empty
shopping centers and parking lots. He asked if this is the Image
that Tamarac wants to project to visitors or people wanting to
move into Tamarac.
Mr. Meyer said at present, despite all the rain, there is still a
severe water crisis and the residents are still under water
restrictions set by Council. 'He said in the September 29th issue
of the Miami Herald, the South Florida Water Management District
is talking about imposing more water restrictions in November. He
read several articles regarding the water shortages and the
drought. He said the South Florida Water Management Districts
recently conducted a poll of which 79% polled favored permanent
water restrictions. He said the survey shows that the publid has
been very cooperative to saving water. He said to allow
construction of an unnecessary car wash to use a lot of water
would be to defeat the purpose.
Mr. Meyer said Dania, Hallandale and Hollywood are being
threatened,by severe problems of salt water intrusion. He said
Broward County is now engaged in an 86 million dollar project to
dig new water well fields in order to pipe water to these cities.
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He said the trouble with the water intrusion is due to the
development of the cities in the western part of Broward County.
He said we must take whatever steps able to save water rather than
license unnecessary water facilities.
Mr. Meyer said there will be an increase of noise, dust, fumes,
traffic and starting and stopping of vehicles going into the gas
station which will be disconcerning to the area residents. He
said no one knows if this planned gas station is going to be a
24-hour facility. He said he has asked this question to the
developers and Council.
Mr. Meyer said there is danger involved in this proposed
development. He said this is,a dangerous corner and police record
will show the number of accidents on this corner, which will be
amplified by cars going in and out of the gas station. He said
there is also the possibility of vehicles striking the fuel pumps
and possibly causing an explosion. He said fuel pumps and
underground tanks are subject to leaks. He said this would cause
fumes to the neighborhood buildings which would in turn cause an
explosion in the building.
Mr. Meyer said there are gas station attendants that OSHA is
investigating that claim they got leukemia while inhaling fumes
while servicing cars.
Mr. Meyer said the real estate values and resale of condos is much
less than what people paid. He said this is due to the economy
and it does not help having a gas station across the street. He
said Tamarac consists of 70% retirees who moved here to get away
from the concrete, dust, fumes, traffic and large buildings. He
said they do not want to live in the same surroundings due to
changes in zoning, variances and special exceptions.
Mr. Meyer said Tamarac gained 45% in population in the past 10
years. He said Tamarac needs to avoid urban sprawl. He said the
more parking lots in the City, the more urban sprawl there is.
Mr. Meyer said there is a logo contest running and the theme is,
"A growing City with a positive and creative approach". He said
putting a gas station across from a residential neighborhood is
not a creative approach, it is a negative approach and is
destructive to the community. He suggested a proper logo for the
City would be, "Tamarac, the City that cares", and the people
should be the first priority, not the tax base.
Bernard Meyer, resident, said he moved from an area with no
business and came to Tamarac with no business, and he is being
forced now to live next to commercial properties, which he is
not accustomed to.
Mayor Abramowitz said this parcel is zoned for commercial and has
been zoned commercial.
Louis Klein, resident of the Greens of Tamarac, said granting a
special exception at the proposed site would be counter
productive. He said it would be opposed to the past and present
safeguarding and keeping the nature of the City as a desirable
residential community in which to live. He said in many areas in
and out of the City, the residents are being overrun by unneeded
commercial establishments including gas stations which are the
least attractive of all businesses. He said this has resulted in
severe property depreciation to adjoining properties.
Mr. Klein said to create more such unneeded services could only
result in more depreciation of these properties assuming great
loss of income for the City of Tamarac. He said the owners and
renters of the Greens of Tamarac Condominium, voted unanimously
(210 occupants) against this proposal at their meeting on,July 12,
19"90. He said the property values of the surrounding areas have
dropped 50% in the past 10 years. He said any additional
Page 11
City Council Regular Meeting
10/10/90/KJ
reduction of values will result in severe reduction of tax dollars
generated by the issuance of this permit affecting any such
variance. He said a gas station is not a necessary convenieice in
a residential area. He said with respect to Council, the
residents of the Greens of Tamarac ask Council to refuse this
application.
Carl Puna, resident of the Greens of Tamarac, said the princLple
beneficiaries of gas stations are the oil companies acquiring
these valuable corners which afford them wonderful tax shelters.
He said the economic affect on the community can only be negative.
He said within the radius of one mile there are 7 existing gas
stations. He said it is difficult to believe that any additional
gas will be sold in this area that would be of economic benefit to
the community. He said he does not like the view of a gas station
from his condo.
Henry Toback, resident, said the corner of the proposed is a
deadly corner. He said there have been at least 20 accidents and
3 people killed.
Jerry Eller, resident of Lime Bay, said he agrees with everything
that ha3 been discussed regarding this proposed site. He said
regarding the food mart, additional beer sales are not necessary.
Anthony Gremaldi, resident of Heathgate, said the residents are
surrounded by unopened stores, empty malls, gas stations
throughout the City and it is not necessary for an additional gas
station. He asked why this contractor cannot propose building
more villas for residents rather than a gas station. He said when
Pizza Hut wanted to open a pizzeria near Concord Village, it was
turned down due to the smell of pizza disturbing the residents,
He said the Pizza Hut opened next to Albertsons, and went oui-of-
business. He said referring to the Mr. Feiner's statement about
minorities, the residents attending this meeting are not the
minority and represent everyone living in Tamarac and have aright
to state how they feel.
Mayor Abramowitz asked if the Planning and Zoning Board denied
this and Ms..Carpenter agreed.
Mayor Abramowitz said he had no Findings of Fact in his reference
packet.
Ms. Carpenter said the Planning Commission did not make a set of
Findings of Fact on this case. She said they simply voted to deny
it.
Mayor Abramowitz said -he is confused and concerned because Cduncil
is bound by what the law stipulates. He said he is uncomfortable
because there are no Findings of Fact from which to make a
decision.
V/M Hoffman said there should be Findings of Fact. He said 9t. is
very difficult to make decision and requested that this be sent
back to the Planning Commission for the Findings of Fact to know
their recommendations on this proposed site.
V/M Hoffman MOVED to send this item back to the Planning
Commission, SECONDED by C/M Rohr.
i
Mayor Abramowitz said to send this back to the Planning Commission
and, as soon as possible, hold another Public Hearing. He s4id in
order for the City to abide by the law, Council needs the Findings
of Fact from the Planning Commission. He said the law specifies
that no body can object to a particular site plan purely because
of an overwhelming feeling of the area. He said it is the
Council's duty to protect the City. He said Council has not
passed this application but needs all the information possible to
make the decision.
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City Council Regular Meeting
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1
Mr. Meyers said the Planning Commission's submitted minutes which
provided their feelings is not enough.
Mayor Abramowitz said the law states the procedure to follow prior
to approval or denial of an item.
TAPE 3
V/M Hoffman said he was quoted in the newspaper as saying, "I am
not an admirer of gas stations on every corner". He said that was
absolutely correct; however, there are certain rules, laws and
responsibilities that must be adhered to. He said if a person has
a legal right to use his property for a specific purpose, Council
must grant him that right. He said Council cannot deprive a
person of his regal rights.
V/M Hoffman said he would not like to see a gas station at that
site. He said he feels it is not needed but in order to deny that
right, there must be a valid reason that could stand up in court.
He said possibly the Planning Commission.has such a reason and
Council must know their reasons. He said by law, the Planning
Commission must also have a valid reason for denial. He said the
vote must be done on fact and law, not on emotions.
V/M Hoffman said he was also quoted in the newspaper saying, "I
believe that,we should take gasoline stations out of commercially
zoned areas but we should create a special zoning district for
gas stations". He said this would relieve Council and the
Planning Commission of the agony of going through special
exceptions every time someone wants to build one. He said at
present certain laws are in effect and must be obeyed.
C/M Bender said he would like the
information
from the Planning
Commission for legal
reasons and to refer this
to the City
Attorney's office for
review. He
said'he does
not want to be
liable or the City to
be liable for making an
incorrect judgement.
He said based on what
information
he has been
given, a fair
decision cannot be made.
Mayor Abramowitz said
reading the
Planning Commission minutes will
not supply the proper
information.
C/M Rohr said he is a resident of Tamarac and would like a legal
reason for a final decision to be made.
Mr. Meyer asked for a citation that Council is referring to..
Mayor Abramowitz asked City Attorney Ruf to supply Mr. Meyer with
the information he is requesting.
City Attorney Ruf said he would mail this information to Mr. Meyer
along with some cases regarding this matter.
VOTE:
t_ 4 AWIL014 AIJWX4_�
12. PUBLIC _HEARING - MOTIQN TO ADOPT-Temfl__. Remo. #5901
concerning a request by Stephen Sills for special exception to
permit a restaurant at the northeast corner of Commercial
Boulevard and NW 70 Avenue, in Bay #1 of MARJMTPLACE AT
TAMARAC, which is zoned B 2 (Planned Business).
Petition #28--Z-90.
8XNOPSIS OF ACTION! RESOLUTION NO. R-90-233-PASSED
Public Hearing was held.
APPROVED subject to verified proof of properly sized dumpsters.
City Attorney Ruf read by title.
* V/M Hoffman MOVED TO ADOPT Temp.Rang— #5201, SECONDED by.
* C/M Bender.
Page 13
City Council Regular Meeting
10/10/90/KJ
Ms. Carpenter said this is a special exception application
Petition #28-Z-90, for a restaurant located at the northeast.
corner of Commercial Boulevard and Northwest 70 Avenue in thle
Marketplace at Tamarac, Bay #1. She said the shopping centeir is
platted, designated commercial on the Land Use Plan and properly
zoned B-2. She said the B-2 district allows restaurants as a
special exception use. She said the Code gives a direction of
standards for restaurants as special exceptions as follows: 1)
The bay must be at least 100 feet from the nearest residential
property line, which it is, 2) The means and method of waste
collection must be submitted, which they have done, 3) A plan for
control of reduction and elimination of offensive odors mast be
submitted, which they have, 4) Council may set such other
conditions as are necessary to protect the health, safety and
welfare of the residents.
Ms. Carpenter said the Planning Commission held the required
Public Hearing on September 12, 1990 and recommended approval of
this special exception at their October 3, 1990 meeting. Shle said
Staff recommends approval subject to the following conditions; 1)
Before the time of building permit application, an affirmati e
statement is needed from the hauler that the dumpsters are
properly sized. She said a contract has been supplied proving -the
dumpsters are on site; however, they do not verify proper size for
the restaurant and other users. 2) Submittal of documentation
concerning the required and provided parking spaces, which hhs
been received, 3) Council may set any additional health, safeety
and welfare standards desired.
L11914 -AF
ALL VOTED AYE
13. RML ,,jC HEARINq_7A ,,,,KOTION TO ArlpRT TerW _ Resq,,_
concerning a request by Stephen Sills for special exception to
permit on site consumption alcoholic beverages by a restaurant
proposed for the northeast corner of Commercial Boulevard and NW
70 Avenue, in Bay #1 of MARKETPLACE AT TAMARAC, which is zoned
B-2 (Planned Business). Petition #29-Z-90
AYNOPSIS Qr__ACTION�, RESOLUTION NO. R-90-234-PASSED
Public Hearing was, held.
APPROVED
City Attorney Ruf read TWpo ,tao. #5902 by title.
* V/M Hoffman MOVED TO ADOPT X,gpp, Reso _ #,UO2, SECONDED by
* C/M Bender.
Ms. Carpenter said this is a special exception application
Petition #29-Z-90 for the on -premises consumption of alcohol as an
accessory use to the restaurant in the previous item. She said
this is located at the northeast corner of Commercial Boulevard
and Northwest 70 Avenue in the Marketplace at Tamarac, Bair #,,
She said the shopping center is platted, designated commercial on
the Land Use Plan and properly zoned B-2. She said the B-2
district allows on --premises consumption of alcohol as an accessory
use to restaurants as a special exception.
Ms. Carpenter said the Code specifies that alcohol is an accessory
use and Council may set criteria to protect the health, safety
and welfare of the residents. She said the Planning Commission
did not recommend additional conditions to protect the health,
safety and welfare. She said the applicant has supplied the
square footage of the proposed restaurant in which the alcohol is
to be consumed and Staff is now able to determine the requires
number of parking spaces.
Ms. Carpenter said the Planning Commission held the required
Public Hearing on September 12, 1990 and recommended approval of
this special exception at their October 3, 1990 meeting
incorporating the Staff's Findings of Fact into their Motion, She
said Staff has recommended approval of this alcohol consumption as
Page 14
City Council Regular Meeting
10/10/90/KJ
1
1
an accessory use to the restaurant subject to: 1) Council
approval, 2) Submittal of documentation concerning the required
and provided parking spaces, 3) Any additional health, safety
and welfare standards desired by Council, and 4) Provisions of
Sections 3-2 through 3-5 of the Code pertaining to occupational
licensing requirements for alcohol consumption establishments.
VOTE:
M
. '. q %;�Ipr-U27V - - . Y
ALL VOTED AYE
14. F.MIC RE&BING - MOTION TO AUOPT__Temn_ Ord. _ #1.14 on first
reading concerning a request by Lawrence D. Kramer and Sam Cantor
to rezone lands on Commercial Boulevard, between NW 92 Avenue and
NW 94 Avenue, from B--2 (Community Business) and B-6 (Business
District) to B-3 (General Business District. Petition #11-Z-90.
(tabled on 9/12/90)
SYNOPSIS OF ACTION!
TABLED to City Council meeting, Wednesday, October 24, 1990 at 7:30 P.M.
at the request of the applicant.
City Attorney Ruf read by title.
* V/M Hoffman MOVED TO ADOPT , SECONDED by.
* C/M Bender.
Ms. Carpenter said the applicant has submitted a letter dated
October 2, 1990 requesting a Tabling of this item to October 24,
1990 at 7:30 P.M. She said Staff does not object to tabling this
item.
* V/M Hoffman MOVED TO TABLE T&mR Ord_ #1514, SECONDED by
* C/M Bender.
VOTE: ALL VOTED AYE
15. a. MOTION TO ACCEPT Affidavits of Publication, Mailing and
Posting for Temp Ord_ #1517. Petition #26-Z-90.
b. on
first reading concerning a request by Leadership Housing,
Inc., to rezone lands on the northeast corner of Nob Hill
Road and Commercial Boulevard from A-5 (Limited Agricultural)
to RM-10 (Planned Apartments) to conform to the City Land Use
Plan and the Broward County Land Use Plan.
Petition #26-.Z-90..
SYNOPSIS OF ACTION:
Public Hearing was held.
a. ACCEPTED Affidavits.
b)' APPROVED on first reading. Second reading and public hearing will
be held on Wednesday, October 24, 1990, at 7:30 P.M.
* a. V/M Hoffman MOVED TO ACCEPT AFFIDAVITS, SECONDED
* by C/M Bender.
VOTE: ALL VOTED AYE
City Attorney Ruf read T2=. Ord:,#1517 by title.
* b. C/M Bender MOVED TO ADOPT , SECONDED
* by V/M Hoffman.
Ms. Carpenter said this is rezoning Petition #26-Z-90, an
application by Leadership Housing to rezone a 34.53E acre parcel
Page 15
City Council Regular Meeting
10/10/90/KJ
from A-5 (Limited Agricultural) to RM-10 (Planned Apartment),
district. She said this parcel is the only A-5 in the City land
was used in the past as a rockpit. She said it is near the corner
of Nob Hill Road and Commercial Boulevard. She said the parcel is
designated low medium residential, 6-10 dwelling units to the acre
on the Tamarac and County Land Use Plans. She said RM-10 is an
appropriate zoning district. She said the A-5 zoning district is
technically not in compliance with the plan since it does not
allow residential uses. She said this is being considered as a
rezoning to conformity.
Ms. Carpenter said through the plat approval process, the
applicant has stated that the intention is to permit townhouses on
this parcel. She said the surrounding land uses are as follows:
north commercial recreation and golf course, south -commercial B-2
and B-3, east -industrial and west -commercial B-3. She said there
is no concurrency review associated with this rezoning request and
Staff has not accomplished a concurrency review. li
Ms. Carpenter said Staff recommends approval of this rezoning from
A-5 to RM-10 as appropriate and consistent with the City and
County Land Use maps. She said the Planning Commission
recommended approval of this request at it's September 13, 1990
meeting and incorporated the Staff's Findings of Fact in their
Motion.
V/M Hoffman asked if RM-10 would permit the use of projects
similar to Cardinal Industries, a previous problem development.
Ms. Carpenter said Cardinal Industries is in an R-4A district,
She said they are manufactured homes and are governed not only by
the City's zoning requirements but also by the State Law. She
said this applicant has not said that they intend to put
manufactured housing in there.
V/M Hoffman asked if this rezoning would permit such a project.
Ms. Carpenter said RM-10 permits a zoning of 10 to the acre.j. She
said the Cardinal Industries site is 15 to the acre and, 1f a
developer like this would come in, they would not be able to build
on this site.
Mayor Abramowitz said before anything can be built, it must come
before Council for approval.
V/M Hoffman said once Council zones a land for a specific purpose,
there are limitations as to what is done with that particular
land.
Ms. Carpenter said -she cannot guarantee that manufactured housing
cannot use this site. She said the City is in the position of not
denying manufactured housing under the State Law. She said
trailers and mobile homes are another issue. She said the
developer is not proposing manufactured housing at this time'.
Ed Stacker, representative of Leadership Housing, said they are
strictly looking at this rezoning in conformity with the Land Use
Plan. He said from an intensity point of view, the ultimate
development of this parcel cannot be of the Cardinal Industries
intensity level. He said his client has no contract to sell this
parcel or any current plans to develop this parcel. He said;
several years ago, this parcel was,proposed for a plat, but was
not approved by the County, for a condominium project known as
Sawgrass Island Club. He said the density levels were much lower.
He said he has had prospective developers look at this parcel and
they are talking about 8 units to the acre, such as the
development, Westlake Villas.
VOTE:
ALL VOTED AYE
Page 16
City Council Regular Meeting
10/10/90/KJ
1
1
16. on second
reading to establish occupational license tax classifications and
fees for time share joint ownership apartment units.
SYNOPSIS „.QX &CROON,
Public Hearing was held.
APPROVED on second reading.
ORDINANCE NO. 0-90-43-PASSED
City Attorney Ruf read Tem�Qrd_ 41516 by title.
* V/M Hoffman MOVED TO ADOPT TemF__ Ord_ 41516, SECONDED by
* C/M Bender.
Ms. Carpenter said this would amend the tax classifications and
fees to include a ,line item called time share joint ownership
apartment units. She said it provides for a fee of $20.00 for
each leased or joint ownership per owner, per unit, per week. She
said it provides a fee of $200.00 for each time share broker
requiring a valid license. She said it provides a time share
Realtor salesman fee of $50.00 and a time share management leasing
office fee of $100.00 for each office. She said Staff has
recommended approval of this.
VOTE: ALL VOTED AYE
With no further business, Mayor Abramowitz ADJOURNED this meeting
at 10:30 A.M.
CAROL A. EVANS, ITY CLERK
"This public document was promulgated at
copy to inform the general public, public
recent opinions and considerations of the
Tamarac."
Page 17
City Council Regular
10/10/90/Ki
11P
RMAN ABRAMOWITZ, MAYOR
0
cost of $188.37 or-r$4.49 per
officers and employees of
City Council of the City of
CITY OF TAMA.RAC
APPROVED AT MEETING OF /0 a-'� 90
adj:11� 9ofei. ,4, 6v a-eg-e=�-
�
c.t ry cc,eRk
Meeting