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HomeMy WebLinkAbout1991-04-10 - City Commission Regular Meeting Minutes@x- ۥU� � S� � t  �t t �t �t �t �t �� � -  � �� �� �� �� ��  �v � ^ f �f �A ��� �( Ϝ Ӝ  Ӝ Ӝ Ӝ Ӝ Ӝ Ӝ Ӝ Ӝ Ӝ Ӝ Ӝ Ӝ 4 � � � C   ITY OF TAMARAC CITY COUNCIL REGULAR MEETING WEDNESDAY, APRIL 10, 1991 CALL TO ORDER: Mayor Abramowitz called this meeting to order on Wednesday, April 10, 1991 at 7:00 p.m. in the Council Chambers of City Hall. MEDITATION AND PLEDGE OF ALLEGIANCE: Mayor Abramowitz called for the Pledge of Allegiance followed by Moment of Silent Meditation in memory of Charlie Marks. PRESENT: Mayor Norman Abramowitz Councilman Irving Katz Councilman Henry Schumann Councilwoman Diane Glasser ABSENT AND EXCUSED: Vice Mayor Dr. H. Larry Bender ALSO PRESENT: John P. Kelly, City Manager Alan F. Ruf, City Attorney Patricia Marcurio, City Clerk Office Manager Karen Jackson, Secretary **************************************************************************** 37. MOTION TO ADOPT Temp. Reso. #6036 supporting funding for the continuous progress Summer School Program in Broward County. FINAL ACTION: Agendized by Consent. (Final action on Page 26.) C/W Glasser MOVED to AGENDIZE Item 37., SECONDED by C/M Schumann. VOTE: ALL VOTED AYE INTRODUCTION 1. PRESENTATION by Mayor Abramowitz of a proclamation designating May, 1991, as "OLDER AMERICANS MONTH" and May 1, 1991, as "SENIORS FOR SENIORS DAY". FINAL ACTION: Presentation was made by Mayor Abramowitz to Loni Alper. Ms. Alper expressed her appreciation on behalf of the organization. 2. PRESENTATION by City Manager, John Kelly, and Chair of the Charter Board, Muriel Davis, of plaques to STAN BERNARD and DR. ALFRED WALD in recognition of their contributions while serving as members of the Charter Board. FINAL ACTION: Presentations were made. Mr. Bernard expressed his appreciation. 3. PRESENTATION by Mayor Abramowitz of a proclamation designating May 1 and 2, 1991, as "CAREER/JOBS EXPO '91 DAYS". FINAL ACTION: Presentation was made by Mayor Abramowitz to Brenda Irby. Ms. Irby expressed her appreciation on behalf of the Superintendent and School Board members and the entire Staff and students of Broward County. She said the Board feels this will help to encourage and prepare the students to compete locally, nationally and internationally. 4. PRESENTATION to the City by the Tamarac Soccer Club of the 1990 First Place Trophy for the travelling team. FINAL ACTION: Presentation was made. Mayor Abramowitz introduced the Champion 1990 Travelling Soccer Team of Tamarac and its Board members as follows: Diego Romero President Edwardo Sanchez Vice President Tom Van Note Secretary Leonard Hampton Treasurer Robert Burroughs Commissioner Mr. Romero said this team worked very hard throughout the year and expressed his appreciation for their hard work. He requested that the number of soccer fields be increased. He said the present two fields are not enough to increase the current soccer program. He presented the first place trophy to the City of Tamarac on behalf of the Soccer Club. Mayor Abramowitz congratulated the Soccer Club for their championship. 5. a. ANNOUNCEMENT of four (4) positions to be filled by the City Council and four (4) positions to be filled by the Charter Board on a REDISTRICTING COMMITTEE. b. ANNOUNCEMENT of the expiration of the terms of office for positions on the following boards and committees: Board of Adjustment Code Enforcement Board Consumer Affairs Board Insurance Advisory Board Investment Advisory Board Parks and Recreation Board Planning Commission Public Information Committee Social Services Board Veterans Affairs Board If any Tamarac resident is interested in serving on any of the above volunteer boards or committees, please contact the office of the City Clerk for an application. If existing board and committee members desire to be considered for reappointment, please indicate this by memo to the City Clerk's office. FINAL ACTION: Announcements were made for 5. a. & b. 5.a. Mayor Abramowitz made the announcement regarding the open positions for the Redistricting Committee by Council and Charter Board members. 5.b. Mayor Abramowitz made the announcement regarding the expiration of terms of office for the various Boards and Committees. PUBLIC PARTICIPATION 6. PUBLIC PARTICIPATION - Any member of the public may speak to any issue which is not agendized for public hearing at this meeting. Speakers will be limited to three minutes during this item and at public hearings. There will be a thirty (30) minute aggregate time limit for this item, and speakers are encouraged to sign up in advance with the City Clerk prior to their participation. Terry Hobmeier, resident of the Isles of Tamarac, expressed her concern regarding the empty stores in the Scotty's Shopping Center and Sun Island Plaza on McNab Road and Nob Hill Road. Ms. Hobmeier said many residents cannot attend Council and Board meetings on Wednesdays and suggested that the morning meetings be changed from 9:00 a.m. to 10:00 a.m. to allow more concerned citizens to attend. Ms. Hobmeier read an excerpt from a letter from Mayor Ilene Lieberman of Lauderhill reassuring everyone that she is a concerned citizen. Bob Thomas, resident of the Isles of Tamarac, asked the status of the speed limit adjustment on NW 71 Place to 25 MPH. Mayor Abramowitz said Council received a letter from the President of the Isles of Tamarac requesting a 25 MPH speed limit. He said the law is as follows: 1. It will come before Council at the next meeting. 2. Council will vote on it. 3. It will be forwarded to Broward County, who is the only body that can change the signage. Mr. Thomas asked if there is any way to eliminate some of the traffic coming out of Kings Point. Mayor Abramowitz said NW 71 Place at Nob Hill Road is going to be widened to allow them to make a right hand turn going south. He said that is the only location the residents can egress from. Mr. Thomas asked if some of the traffic can be eliminated coming from NW 108 Terrace onto NW 71 Place and Mayor Abramowitz suggested he speak with Kelly Carpenter, Director of Community Development. C/W Glasser said she spoke with a group of residents from the Isles of Tamarac and suggested he speak with the President of the Isles of Tamarac regarding this situation. (Public Participation continued on Page 17) PUBLIC HEARINGS - 7:30 P.M. Engineering/Utilities 19. PUBLIC HEARING - MOTION TO ADOPT Temp. Ord. #1540 on second reading to amend Chapter 10 of the Code to clarify the bonding for alternatives to positive outlet drainage system, to clarify affected land section numbers under minimum drainage requirements, and to correct scrivener's error under "Bulkheads; Design Standards". FINAL ACTION: ORDINANCE O-91-3-PASSED Public Hearing was held. APPROVED on second and final reading. City Attorney Ruf read Temp. Ord. #1540 by title. C/M Katz MOVED to APPROVE Temp. Ord. #1540, SECONDED by C/M Schumann. Bob Foy, Director of Engineering/Utilities, said these three changes to the Code, Chapter 10, related to drainage can be summarized as follows: 1. To require a cash bond amounting to 150% of the certified estimated cost of the positive drainage system for development storage where it requires positive drainage. 2. To limit the areas in the City where developer has the option of purchasing the retention from the City. 3. To require a registered engineer to design bulkheads instead of a surveyor. Mr. Foy said these are the three changes and Staff recommends approval. VOTE: ALL VOTED AYE Community Development 20. a. MOTION TO ACCEPT Affidavits of Publication and Posting for Temp. Ord. #1523. Petition #2-Z-91. b. PUBLIC HEARING - MOTION TO ADOPT Temp. Ord. #1523 on second reading concerning a request by the CITY OF TAMARAC to rezone lands at the southeast corner of Commercial Boulevard and NW 25 Terrace (otherwise identified as Shop and Stop, 2550 W. Commercial Boulevard) from R-1 (Single Family Residential) to B-1 (Neighborhood Business) to conform to the Broward County Land Use Plan and City of Tamarac Code of Ordinances. Petition #2-Z-91. FINAL ACTION: ORDINANCE O-91-4-PASSED Public Hearing was held. APPROVED 20. a. & b. on second and final reading. 20. a. C/M Schumann MOVED to ACCEPT Affidavits, SECONDED by C/W Glasser. VOTE: ALL VOTED AYE 20. b. City Attorney Ruf read Temp. Ord. #1523 by title. C/M Schumann MOVED to APPROVE Temp. Ord. #1523, SECONDED by C/M Katz. C/M Katz asked if the Ordinance and backup should refer to B-3 district rather than B-1. Kelly Carpenter, Director of Community Development, said the Staff reports were prepared for the item as it was originally advertised in the newspaper which was to B-3. She said Council has requested that it be zoned to B-1 and the Ordinance should reflect B-1 as the Agenda does. She said Staff would not ordinarily be in the position of rewriting all of the staff reports to reflect B-1 due to it being brought through as B-3. She said the Ordinance should be changed to read B-1. City Attorney Ruf said the Ordinance should read B-1. Mayor Abramowitz said Temp. Ord. #1523 is a change to B-1 as Council requested at the first reading. Ms. Carpenter said it is not her intention to make a detailed report on Items 20 through 30 and will allow the Attorney's reading of the Ordinance title to suffice as the Staff report. She said Council has written material, a Public Hearing has been held and a series of Public meetings were held. Mayor Abramowitz said Items 20 through 30 were reviewed thoroughly on the first reading and there has been no change other than the one previously mentioned. VOTE: ALL VOTED AYE 21. a. MOTION TO ACCEPT Affidavits of Publication and Posting for Temp. Ord. #1524. Petition #3-Z-91. b. PUBLIC HEARING - MOTION TO ADOPT Temp. Ord. #1524 on second reading concerning a request by the CITY OF TAMARAC to rezone both sides of NW 22 Avenue, north of Commercial Boulevard, from M-1 (Light Industry) to LI-1 (Light Industry) to conform to the Broward County Land Use Plan and City of Tamarac Code of Ordinances. Petition #3-Z-91. FINAL ACTION: ORDINANCE O-91-5-PASSED Public Hearing was held. APPROVED 21. a. & b. on second and final reading. 21. a. C/W Glasser MOVED to ACCEPT Affidavits, SECONDED by C/M Schumann. VOTE: ALL VOTED AYE 21. b. C/M Katz MOVED to APPROVE Temp. Ord. #1524, SECONDED by C/W Glasser. City Attorney Ruf read Temp. Ord. #1524 by title. Carl Alper, resident, asked if this is strictly a change of designation from City to County and Mayor Abramowitz said it is from the County to the City. Ms. Carpenter said Items 20 and 21 have nothing to do with the annexation. She said Items 21 and 22 have to do with the City's having adopted the LI-1 category in 1987 and deleting M-1, but failing to rezone the remaining M-1 lands to LI-1. VOTE: ALL VOTED AYE 22. a. MOTION TO ACCEPT Affidavits of Publication and Posting for Temp. Ord. #1525. Petition #4-Z-91. b. PUBLIC HEARING - MOTION TO ADOPT Temp. Ord. #1525 on second reading concerning a request by the CITY OF TAMARAC to rezone the northwest corner of NW 21 Avenue and Prospect Road from M-1 (Light Industry) to LI-1 (Light Industry) to conform to the Broward County Land Use Plan and the City of Tamarac Code of Ordinances. Petition #4-Z-91. FINAL ACTION: ORDINANCE O-91-6-PASSED Public Hearing was held. APPROVED 22. a. & b. on second and final reading. 22. a. C/M Schumann MOVED to ACCEPT Affidavits, SECONDED by C/W Glasser. VOTE: ALL VOTED AYE 22. b. C/M Katz MOVED to APPROVE Temp. Ord. #1525, SECONDED by C/M Schumann. City Attorney Ruf read Temp. Ord. #1525 by title. VOTE: ALL VOTED AYE 23. a. MOTION TO ACCEPT Affidavits of Publication and Posting for Temp. Ord. #1526. Petition #5-Z-91 b. PUBLIC HEARING - MOTION TO ADOPT Temp. Ord. #1526 on second reading concerning a request by the CITY OF TAMARAC to rezone lands north of Commercial Boulevard, west of NW 58 Way, from County R-1C (Single Family Residential) to City R-1C (Single Family Residential) to conform to the Broward County Land Use Plan and the City of Tamarac Code of Ordinances. Petition #5-Z-91. FINAL ACTION: ORDINANCE O-91-7-PASSED Public Hearing was held. APPROVED 23. a. & b. on second and final reading. 23. a. C/W Glasser MOVED to ACCEPT Affidavits, SECONDED by C/M Schumann. VOTE: ALL VOTED AYE 23. b. C/W Glasser MOVED to ACCEPT Temp. Ord. #1526, SECONDED by C/M Schumann. City Attorney Ruf read Temp. Ord. #1526 by title. VOTE: ALL VOTED AYE 24. a. MOTION TO ACCEPT Affidavits of Publication and Posting for Temp. Ord. #1527. Petition #6-Z-91. b. PUBLIC HEARING - MOTION TO ADOPT Temp. Ord. #1527 on second reading concerning a request by the CITY OF TAMARAC to rezone lands at the southwest corner of Bailey Road and The Commons from County RM-10 (Multifamily Residential) to City R-3 (Low Density Multifamily Residential) to conform to the Broward County Land Use Plan and the City of Tamarac Code of Ordinances. Petition #6-Z-91. FINAL ACTION: ORDINANCE O-91-8-PASSED Public Hearing was held. APPROVED 24. a. & b. on second and final reading. 24. a. C/M Schumann MOVED to ACCEPT Affidavits, SECONDED by C/W Glasser. VOTE: ALL VOTED AYE 24. b. C/M Schumann MOVED to APPROVE Temp. Ord. #1527, SECONDED by C/W Glasser. City Attorney Ruf read Temp. Ord. #1527 by title. VOTE: ALL VOTED AYE 25. a. MOTION TO ACCEPT Affidavits of Publication and Posting for Temp. Ord. #1528. Petition #7-Z-91. b. PUBLIC HEARING - MOTION TO ADOPT Temp. Ord. #1528 on second reading concerning a request by the CITY OF TAMARAC to rezone the west side of The Commons, north of Commercial Boulevard, from County PUD (Planned Unit Development) to City R-3 (Low Density Multifamily Residential) to conform to the Broward County Land Use Plan and City of Tamarac Code of Ordinances. Petition #7-Z-91. FINAL ACTION: ORDINANCE O-91-9-PASSED Public Hearing was held. APPROVED 25. a. & b. on second and final reading. 25. a. C/W Glasser MOVED to ACCEPT Affidavits, SECONDED by C/M Schumann. VOTE: ALL VOTED AYE 25. b. C/M Schumann MOVED to APPROVE Temp. Ord. #1528, SECONDED by C/M Katz. City Attorney Ruf read Temp. Ord. #1528 by title. VOTE: ALL VOTED AYE 26. a. MOTION TO ACCEPT Affidavits of Publication and Posting for Temp. Ord. #1529. Petition #8-Z-91 b. PUBLIC HEARING - MOTION TO ADOPT Temp. Ord. #1529 on second reading concerning a request by the CITY OF TAMARAC to rezone lands north of Commercial Boulevard, west of NW 58 Way, from County R-4 (Planned Apartments) to City R-4A (Planned Apartments) to conform to the Broward County Land Use Plan and City of Tamarac Code of Ordinances. Petition #8-Z-91. FINAL ACTION: ORDINANCE O-91-10-PASSED Public Hearing was held. APPROVED 26. a. & b. on second and final reading. 26. a. C/M Schumann MOVED to ACCEPT Affidavits, SECONDED by C/W Glasser. VOTE: ALL VOTED AYE 26. b. C/M Schumann MOVED to APPROVE Temp. Ord. #1529, SECONDED by C/W Glasser. City Attorney Ruf read Temp. Ord. #1529 by title. VOTE: ALL VOTED AYE 27. a. MOTION TO ACCEPT Affidavits of Publication and Posting for Temp. Ord. #1530. Petition #9-Z-91. b. PUBLIC HEARING - MOTION TO ADOPT Temp. Ord. #1530 on second reading concerning a request by the CITY OF TAMARAC to rezone the northwest corner of Commercial Boulevard and Rock Island Road from County R-1C (Single Family Residential) to City R-1C (Single Family Residential) to conform to the Broward County Land Use Plan and City of Tamarac Code of Ordinances. Petition #9-Z-91. FINAL ACTION: ORDINANCE O-91-11-PASSED Public Hearing was held. APPROVED 27. a. & b. on second and final reading. 27. a. C/W Glasser MOVED to ACCEPT Affidavits, SECONDED by C/M Schumann. VOTE: ALL VOTED AYE 27. b. C/M Schumann MOVED to APPROVE Temp. Ord. #1530, SECONDED by C/M Katz. City Attorney Ruf read Temp. Ord. #1530 by title. VOTE: ALL VOTED AYE TAPE 2 28. a. MOTION TO ACCEPT Affidavits of Publication and Posting for Temp. Ord. #1531. Petitions #10-Z-91 and #11-Z-91. b. PUBLIC HEARING - MOTION TO ADOPT Temp. Ord. #1531 on second reading concerning a request by the CITY OF TAMARAC to rezone both sides of Woodlands Boulevard, north of Commercial Boulevard, from County RM-10 (Multifamily Residential) to City R-3 (Low Density Multifamily Residential) to conform to the Broward County Land Use Plan and City of Tamarac Code of Ordinances. Petitions #10-Z-91 and #11-Z-91. FINAL ACTION: ORDINANCE O-91-12-PASSED Public Hearing was held. APPROVED 28. a. & b. on second and final reading. 28. a. C/W Glasser MOVED to ACCEPT Affidavits, SECONDED by C/M Schumann. VOTE: ALL VOTED AYE 28. b. C/M Schumann MOVED to APPROVE Temp. Ord. #1531, SECONDED by C/M Katz. City Attorney Ruf read Temp. Ord. #1531 by title. VOTE: ALL VOTED AYE 29. a. MOTION TO ACCEPT Affidavits of Publication and Posting for Temp. Ord. #1532. Petition #12-Z-91. b. PUBLIC HEARING - MOTION TO ADOPT Temp. Ord. #1532 on second reading concerning a request by the CITY OF TAMARAC to rezone lands west of Woodlands Boulevard, north of Commercial Boulevard, from County R-4 (Planned Apartments) to City R-4A (Planned Apartments) to conform to the Broward County Land Use Plan and City of Tamarac Code of Ordinances. Petition #12-Z-91. FINAL ACTION: ORDINANCE O-91-13-PASSED Public Hearing was held. APPROVED 29. a. & b. on second and final reading. 29. a. C/M Katz MOVED to ACCEPT Affidavits, SECONDED by C/M Schumann. VOTE: ALL VOTED AYE 29. b. C/W Glasser MOVED to APPROVE Temp. Ord. #1532, SECONDED by C/M Katz. City Attorney Ruf read Temp. Ord. #1532 by title. VOTE: ALL VOTED AYE 30. a. MOTION TO ACCEPT Affidavits of Publication and Posting for Temp. Ord. #1533. Petition #13-Z-91. b. PUBLIC HEARING - MOTION TO ADOPT Temp. Ord. #1533 on second reading concerning a request by the CITY OF TAMARAC to rezone the southwest corner of Rock Island Road and Bailey Road from County RM-25 (Planned Apartments) to City R-4A (Planned Apartments) to conform to the Broward County Land Use Plan and City of Tamarac Code of Ordinances. Petition #13-Z-91. FINAL ACTION: ORDINANCE O-91-14-PASSED Public Hearing was held. APPROVED 30. a. & b. on second and final reading. 30. a. C/M Schumann MOVED to ACCEPT Affidavits, SECONDED by C/W Glasser. VOTE: ALL VOTED AYE 30. b. C/M Katz MOVED to APPROVE Temp. Ord. #1533, SECONDED by C/W Glasser. City Attorney Ruf read Temp. Ord. #1533 by title. VOTE: ALL VOTED AYE Mayor Abramowitz RECESSED and RECONVENED this meeting at 8:00 p.m. with all present. 31. a. MOTION TO ACCEPT Affidavits of Publication, Mailing and Posting for Temp. Ord. #1535. Petition #16-Z-91. b. PUBLIC HEARING - MOTION TO ADOPT Temp. Ord. #1535 on first reading concerning a request by LEADERSHIP HOUSING, INC., to rezone lands east of Nob Hill Road, 315-feet north of Commercial Boulevard, from A-5 (Agriculture/Excavation) to B-2 (Planned Community Business) to conform to the Broward County Land Use Plan. Petition #16- Z-91 (tabled on 3/27/91) FINAL ACTION: Public Hearing was held. APPROVED 31. a. & b. on first reading. Second and final reading will be held on Wednesday, May 8, 1991 at 7:30 p.m. 31. a. C/W Glasser MOVED to ACCEPT Affidavits, SECONDED by C/M Schumann. VOTE: ALL VOTED AYE 31. b. C/M Katz MOVED to APPROVE Temp. Ord. #1535, SECONDED by C/M Schumann. City Attorney Ruf read Temp. Ord. #1535 by title. Ms. Carpenter said this is an application by Leadership Housing to rezone lands at the east side of Nob Hill Road, 315 feet north of Commercial Boulevard. She said these lands are currently zoned A-5, which is an excavation district and is the only parcel in the City that is zoned A-5 to B-2. She said the lands consist of 5.32 acres and are currently designated commercial on the Broward County and Tamarac Land Use Plans. She said the applicant is in the process of platting this parcel and Council will see a plat for this parcel in the near future. She said the surrounding uses are as follows: north-resident RM-10, east-industrial LI-1, south- commercial B-3 and west-commercial B-3. Ms. Carpenter said this commercial rezoning is consistent with the Land Use Plan and the Comprehensive Plan. She said the Planning Commission and Staff recommend approval and the applicant's agent is present. Terry Hobmeier, resident, expressed her concern regarding more stores being added to the area with all of the current vacancies. Ms. Carpenter said unless and until Broward County and/or Tamarac choose to place language in the Comprehensive Plan which address themselves to the economic impact of rezonings from one use to commercial, there is no lever for the City should it choose to exercise the power to not rezone to commercial. She said the land is already designated commercial on the Land Use Plan in this case. She said this puts the City into conformity with the Land Use Plan. Carl Alper, resident, said he feels the City has the right to upgrade the quality of the land to residential even though this is designated commercial on the County Plan. Mayor Abramowitz said he is involved closer than the public with these situations. He said the City has a lot of fallow land which, if not platted, will remain fallow forever. He said the City has a concurrency problem which means that County has designated a certain number of trips on a particular road and every time something is built, additional trips are added to that roadway. He said the County designates that the developer will add a certain number of trips to the roadway. Ms. Carpenter said there are 75 acres of land that are not being developed due to a concurrency problem. Mayor Abramowitz said the residents need to understand that the City cannot provide the type of service that is expected with the current tax base. He said someone comes for a rezoning, the City has no right to inquire what is going to be placed there, which would be illegal. He said there have been many people who meet with Ms. Carpenter regarding development and she tells them that there are a lot of rental apartments and vacant stores in Tamarac. He said the property owner has the right to do what he wants with his property. Mayor Abramowitz said there has been a problem since the State adopted the Comprehensive Land Plan. He said at present the State has not adopted the City's Comprehensive Land Plan because there are so many things involved. He said if the State does not accept the City's Comprehensive Land Plan, there will be serious problems. He said the residents need to understand that in the past a two bedroom, one bath house paid the costs; however, it does not happen now. He said there is a 75 acre piece of land that will not bring any revenue into the City unless the developers spend millions to build new roads and the reason is due to not being platted and concurrency has caught it. VOTE: ALL VOTED AYE 32. a. MOTION TO ACCEPT Affidavits of Publication, Mailing and Posting for Temp. Ord. #1536. Petition #17-Z-91. b. PUBLIC HEARING - MOTION TO ADOPT Temp. Ord. #1536 on first reading concerning a request by LEADERSHIP HOUSING, INC., to rezone a 2.202 acre parcel on the northeast corner of McNab Road and the Sawgrass Expressway from R-3U (Row House) to B-1 (Neighborhood Business) to conform to the Broward County Land Use Plan. Petition #17- Z-91 (tabled on 3/27/91) FINAL ACTION: Public Hearing was held. TABLED 32. a. C/W Glasser MOVED to ACCEPT Affidavits, SECONDED by C/M Schumann. VOTE: ALL VOTED AYE 32. b. C/M Katz MOVED to APPROVE Temp. Ord. #1536, SECONDED by C/W Glasser. City Attorney Ruf read Temp. Ord. #1536 by title. Ms. Carpenter said this is an application by Leadership Housing to rezone properties designated R-3U to B-1 in conformance with the Broward County and Tamarac Land Use Plans. She said these lands are located at the northwest corner of Nob Hill Road and 108 Terrace. She said the Planning Commission voted to deny this application deciding that the location as inappropriate for commercial uses at its February 20, 1991 meeting. Ms. Carpenter said the applicant is requesting to expand the corner commercial parcel at this intersection making the total parcel 6.331 acres. She said what was zoned in the past was improperly zoned or what was put on the Land Use Plan in the past was made bigger by some type of scriveners error; therefore, the two pieces do not match. She said the surrounding land uses are as follows: north-residential R-3U, east- residential, south-light industrial LI-1, and west-Sawgrass Expressway. Ms. Carpenter said the parcel is designated commercial on the Land Use Plan which is a consistent rezoning. She said Staff has recommended approval and the agent for the applicant is present. C/M Katz said he would like to see a slight change in the proposal with a buffer area between NW 108 Terrace and the actual business zone. He said he feels there should be some type of buffer to separate business interests from residential interests. He said he is considering asking Council to bring it back to the Comprehensive Land Use Plan and revert the entire plat to R3-U. C/M Schumann asked if there is only a 40 foot space between the rear of the houses on 108 Terrace and the frontage of the B-1 plat. Ms. Carpenter said the Redi Map does not have a dimension of 108 Terrace on it. She said the lots are 100 feet deep on 108 Terrace and the houses would front on NW 108 Avenue and not on NW 108 Terrace. She said this would be the back yards on 108 Terrace. She said there is probably at least 25 feet in the rear from the rear property line. She said she does not know how wide 108 Terrace is. Mayor Abramowitz said the setback in the rear is 25 feet and then 108 Terrace is next and asked what the Code requirement is for a setback on a piece of commercial property from there. Ms. Carpenter researched it from the Code book. C/M Katz said he understands that there could be parking stalls in the setbacks; therefore, the property built would have to be set back from the property line a certain number of feet. He said the setback can be used for traffic and parking which is why he requested a buffer area from the street to wherever they will start to build. Mayor Abramowitz asked how much greenery there must be before parking cars or anything else. Ms. Carpenter said the street setback in B-1 is 50 feet; therefore, it would have to be set back 50 feet and on non-County arterials the landscape buffer would be 10 feet. She said parking spaces can be built 10 feet back from the edge of the property line in that 50 foot setback but not a building. Eileen Frolish, resident of the Isles of Tamarac, referred to Items 32, 33 and 34. She referred to the proposed rezoning of the western portion of Westwood 7 by Leadership Housing, Inc. She said she spoke against this rezoning at the Planning Commission meeting and the Planning Commission unanimously disapproved the petition. She said she is baffled that the City allows themselves to be led to bring multiple housing, strip malls and heavier traffic to provide more rateables. She said she feels this would destroy the more beautiful areas in Tamarac. She said she would like to see the City say no to further exploitation of the environment and to empty strip malls and shopping centers. She said she would like to see this area, which is almost to the Sawgrass Expressway, be developed as an ecologically sound buffer or a park area. She said she feels that Items 32, 33 and 34 should be denied. Anthony Grimaldi, resident of Sunflower Heathgate, said he feels that no one is ever going to take the lead to stop the building of these empty strip stores. He expressed his concern regarding the continuous empty stores in every City in Broward County. He said he feels it is nice to protect the people from paying additional taxes, but it is time to fight to protect what is here and to keep it this way. He said maybe the City needs more homes which would probably fill quicker than malls. Milton Siegel, President of the Isles of Tamarac, said the Isles of Tamarac is directly affected by the lands in question, referring to Items 32, 33 and 34. He said there are two main streets in the Isles of Tamarac that are used for entering and leaving the community which are NW 70 Street and NW 71 Place. He said both streets have heavy traffic, especially NW 71 Place, with Kings Point directly across the street. He said the Ashmont and Clairmont sections, which house approximately 800 units both use NW 71 Place for entering and exiting Kings Point which is only a two lane street. Mr. Siegel said it can take a homeowner two to three minutes on NW 71 Place to get out of his driveway due to the traffic. He said NW 71 Place has a problem of flooding when it rains, and remains flooded for a day or more due to the poor drainage system. He said the residents request that more problems not be added to the current situation. He said the residents understand that the City needs the tax revenue from this land which is important; however, the health, safety and welfare of the residents is more important. He said the residents request that the rezoning be turned down as the Planning Commission did. He said if rezoning must come to be, the residents request that any unit built be a minimum of 1,000 to 1,500 square feet and not to allow multi-family housing or business that would generate additional traffic to an already overburdened area. He suggested that any rezoning be only for single-family homes or townhouses. Mayor Abramowitz said he feels NW 71 Place is a disgrace. He said the City is doing everything possible to make corrections at this location. He said he does not understand how that was allowed to happen. Terry Hobmeier, resident of the Isles of Tamarac, referred to Items 32, 33 and 34 and said the corner or NW 71 Place and NW 108 Terrace have a lot of traffic because of Kings Point, opposite the Isles of Tamarac. She said she feels that to alleviate the problem, only residential homes and no commercial stores should be recommended for this area. She said residential homes bring more taxes than planned apartments. She said there are many residential homes abutting the Sawgrass Expressway and also the Florida Turnpike; therefore, there should be no problem in zoning this area for private homes. Jesse Sompolinsky, resident of the Isles of Tamarac, said at present there is a hygienic climate in the neighborhood and it is a stable area. He asked why allow more dissention and more traffic when this can be eliminated by the Council by passing a local Ordinance of only allowing single-family homes or condo apartments that would stabilize the neighborhood and limit the amount of footage in these apartments to a 1,000 foot minimum. Marv Seidel, resident of Kings Point, said he feels it is unfair to pick on the Kings Point residents for the traffic burden. He said an outlet was closed on Nob Hill Road from the Isles of Tamarac and put housing there. He said in the past, the north side of Commercial, opposite the Lauderhill Theater, rejected the theater because they thought it brought more traffic and more noise. He said the theater is now in Lauderhill who gained the revenue and the traffic and noise remains. Mr. Seidel said there was to be a theater built at Nob Hill and McNab Roads and there was opposition. He said there is to be a Hotel/Motel constructed on Commercial Boulevard. He said construction and impact fees are down. He said this is why the malls are dying. He said the population is present and suggested going to the Multi-Purpose Center to see all of the children which proves the population is present. Bob Thomas, resident of the Isles of Tamarac, said the residents on NW 108 Terrace can hear the noise from the Sawgrass Expressway. He said he does not believe that anyone would want to build, buy or live in that area. He said he feels that no amount of buffering is going to keep the sound down and requested the City keep this area the way it is. TAPE 3 Ed Stacker, Attorney with Ruden, Barnett, McClosky, Smith, Schuster and Russell, introduced his partner, Susan Motley, who had appeared before the Planning Commission in early February when these items were presented. He said he felt it is important to explain what Council is being asked to consider. He said there is in excess of 50 acres on the west side of NW 108 Terrace bounded on the west by the Sawgrass Expressway right-of-way between Southgate Boulevard on the north and McNab Road on the south that is owned by Leadership Housing, Inc. and is completely undeveloped. He said there is a small sliver of land which is owned by Lennar Homes, Inc. at the most narrow point in the center of this area. Mr. Stacker said Tamarac's Land Use Plan has been in effect since 1978 and the County's Plan has been in effect since 1977 and the land use designations of these properties, as required by law, have been in place since that time. He said the Kings Point development to the east has a density of approximately 15 units to the acre and has been developing over the past several years. He said there is a new word known as concurrency that has been in Broward County and is applicable in the City of Tamarac. He said concurrency is a legal requirement that all necessary services and facilities be in place to meet the needs and demand of development at the time that development comes on line. Mr. Stacker said the Law requires that governments review and only grant approvals for proposed development in situations where they recognize that the project meets concurrency. He said the problem with concurrency has been transportation issues state-wide, county-wide and city-wide. He said the compact deferral areas are where the project is not able to get approval because the road lengths in the vicinity are not able to accommodate additional traffic. He said Leadership Housing, Inc. is trying to plat property which they have owned for years and would like to see it developed in accordance with the substantive regulations that are in place at the time development is brought forward for review. Mr. Stacker said a prerequisite to site plan approval or building approval is plat approval. He said a plat is a map depicting and setting out the boundaries of a parcel and the application for plat approval is applied for based upon a proposed use of the property. He said in order to obtain plat approval, zoning must be in conformity with the request of the application for plat approval and in conformity with the Land Use Plan. Mr. Stacker said the current discussion is on Item 32 which is a request to rezone 2.202 acres of property to B-1 zoning from its present R-3U zoning district. He said he does not mean to be insensitive to the citizens' concerns. He said he understands and appreciates that this parcel and the other 50 acres to the north on the west side of NW 108 Terrace remain undeveloped; however, this needs to be counter-balanced with the private property rights of a property owner to develop at a reasonable intensity of development consistent with all applicable regulations. Mr. Stacker said the 2.202 acres that is the subject of Item 32 on the Agenda, is presently designated on the Land Use Plan as commercial property. He said if a developer were to come in with a building permit application to develop residential property on this 2.202 acres, the application would be denied because residential property cannot be developed in a commercial land use category. He said if a developer were to come in to develop the property as commercial, it would be denied by the City because the zoning is residential. He suggested this situation requires consideration and possibly legal counsel advice as to the City's alternatives as the legislative body. He said Ruden, Barnett, et.al. believes that it is a requirement of law that zoning be consistent with the land use designation of the property and it is a requirement of law that permits that are issued by the City be consistent with the future Land Use Plan and Comprehensive Plan. Mr. Stacker said Item 32, which is the 2.202 acre request to rezone to B-1 from the applicant's perspective is a consideration that should have been initiated by the City over the past several years to rezone in conformity with the land use designation of the property. He said he feels the public understands that there is presently 5 acres of property at the northwest intersection of NW 108 Terrace and McNab Road that not only has a commercial land use, but is also zoned the least intensive commercial zoning that the City has which is B-1. He said the property owner would have no difficulty in processing a request for approval of a development for the 5 acre B-1 parcel at this location as long as the site plan and the proposed use was in conformity with the City's requirements. Mr. Stacker said the applicant is asking Council to follow Chapter 163 of the Florida Statutes and the Tamarac Land Use Plan and rezone this 2.202 acres to the least intensive commercial zoning category that the Code provides to bring this parcel into conformity with the Land Use Plan so Leadership Housing's application for plat approval can continue through the process. C/M Katz said he was not satisfied with the amount of space between the residences and the property line or the setback for B-1 and would request an additional buffer from NW 108 Terrace. He said he feels the Council go back to the Comprehensive Land Use Plan to change the piece of property that is already B-1 to R3-U. Mr. Stacker said Leadership Housing is asking that the property be rezoned and, at present, is not requesting or have waiting a prospective site plan for development. He said he feels this type of consideration may be appropriate and perhaps the rezoning stage is not necessarily the stage which a buffer on NW 108 Terrace would be applied. C/W Glasser said the concern of the residents is of the apartments being built and the traffic on NW 108 Terrace and NW 71 Place. She said she met with a group of residents from the Isles of Tamarac and it is understood that a park or bird sanctuary is not being built and the City is not in the position to buy that land at present. She said the City does needs incoming revenue. She said the primary concern is the size of the apartments. She said the residents do not want their neighborhood downgraded. She said there are some nice homes in the Isles of Tamarac and the residents would like to keep their property values up which is the concern of Council. City Manager Kelly said he has a lot of empathy for the residents of that area and has gone through the same type of consideration on a personal level. He said a good example for this would be Lime Bay's opposition to the Scotty's Shopping Center. He said most of the residents recognize that the B-1 zoning category already exists. He said the portion being discussed is on the other side. He said the residents of Lime Bay opposed the development of Scotty's five years ago; however, at present, when visiting Lime Bay, the residents ask when the Scotty's Shopping Center will be filled due to not being able to drive as much. City Manager Kelly said he feels that an added covenant to provide a much greater buffer than now exists is needed. He said this would provide the community the protection that is needed from the B-1 commercial that can now be put in. He said he feels this issue cannot be avoided in order for Council to effectively address this issue. Mayor Abramowitz asked if the Petitioner has the right to plat their property at present. Ms. Carpenter said the Petitioner has an absolute right to request a plat approval for those acres that are closest to NW 108 Terrace and McNab Road as commercial property since the B-1 zoning exists at present. Mayor Abramowitz asked if Leadership Housing could leave everything as is, do the platting, reserve their position at present and then come back to the City at a later date for the rezoning. He said there are 5 acres in this area that are zoned commercial at present. He said he feels there seems to be a public fear of what is going to be built there. Mr. Stacker displayed a graphic of the 5 acres on the corner of McNab Road and NW 108 Terrace that is land used and zoned commercial. He said surrounding this 5 acres on the north and on the west is the 2.202 acres which cannot be platted due to the zoning not being in conformity with the Land Use Plan. Ms. Carpenter said the 2.202 acres cannot be platted as currently zoned. She said if the Land Use Plan shows it as commercial, it must be platted with a commercial designation on it and neither the City nor the County will allow it to be platted with a commercial designation unless it is zoned commercial. She said the 2.202 acres are zoned residential which stops the plat from proceeding. Mayor Abramowitz asked if the 2.202 acres could be platted residential and Ms. Carpenter said no, due to the Land Use Plan designating it commercial. Mr. Stacker said this is the first of two readings. He said between the first and second reading, Leadership Housing will explore and discuss some type of buffer provision that could be built into B-1 in conformity with the Land Use Plan which would be a voluntary effort. He said there are Code buffers that are deemed reasonable. He said what should not be done is to buffer it so well that no one would venture to utilize any future commercial; however, the value that enures to the developer, with the ability to proceed in the platting process, vest his future development rights and come in with a site plan that provides some type of site plan over and above Code requirements along NW 108 Terrace. Mayor Abramowitz MOVED to TABLE Temp. Ord. #1536, SECONDED by C/M Katz. Mayor Abramowitz said he would like to have specific information on this item and Council will hold a workshop as soon as possible for discussion. VOTE: ALL VOTED AYE 33. a. MOTION TO ACCEPT Affidavits of Publication, Mailing and Posting for Temp. Ord. #1537. Petition #18-Z-91. b. PUBLIC HEARING - MOTION TO ADOPT Temp. Ord. #1537 on first reading concerning a request by LEADERSHIP HOUSING, INC., to rezone a 6.331 acre parcel between the Sawgrass Expressway and NW 108 Terrace, north of McNab Road, from R-3U (Row House) and I-1 (Institutional/Educational) to R-4A (Planned Apartments) to conform to the Broward County Land Use Plan. Petition #18-Z-91 (tabled on 3/27/91) FINAL ACTION: Public Hearing was held. ACCEPTED 33. a. APPROVED 33. b. on first reading. Second and final reading will be held on Wednesday, May 8, 1991 at 7:30 p.m. a. C/M Katz MOVED to ACCEPT Affidavits, SECONDED by C/M Schumann. VOTE: ALL VOTED AYE b. C/M Katz MOVED to APPROVE Temp. Ord. #1537, SECONDED by C/M Schumann. City Attorney Ruf read Temp. Ord. #1537 by title. Ms. Carpenter said this is an application by Leadership Housing, Inc., to rezone lands west of NW 108 Terrace between Southgate Boulevard and McNab Road from R3-U and I-1 to R4-A. She said Staff had been in contact with the applicant late today and applicant informed Staff of the following: Applicant chooses to amend their request to an application to R4-A to an application of RM-10. She said the Code allows any applicant to make a request to put a lesser zone on its property than they had asked for as it was legally advertised and it is a proper request for them to consider going to RM-10. She said RM-10 is 10 dwelling units to the acre as opposed to the 15 dwelling units to the acre that R4-A allows. Ms. Carpenter said the applicant has stated its intention to offer a voluntary deed restriction that the smallest unit that would ever be allowed would be 700 square feet minimum. She said RM-10 and R4-A currently under the Code allow units as small as 500 square feet. She said the Planning Commission voted unanimously to recommend denial of this application at its February 20, 1991 meeting. She said this parcel is to be platted and the applicant is trying to get all of the land into one category and to maximize the number of dwelling units which are allowed by the Land Use Plan. She said the zoning request at RM-10 is in conformance with the Land Use Plan which designates the parcel as medium residential, 10 to 15 dwelling units to the acre. Ms. Carpenter said the surrounding land uses are as follows: north-low medium density residential (R-3U), east-medium density residential, 11 to 15 on the plan, zoned R3-U. She said even though it was zoned R3-U by court order, most of the property east of NW 108 Terrace as developed at 15 units to the acre not the 8.5 which the zoning allows. She continued with the surrounding uses as follows: south-recreation (S-1), and the west-Sawgrass Expressway. She said the request to RM-10 is consistent with the Land Use Plan and Staff recommends approval of the RM-10 with a deed restriction to 700 square foot minimum units. Mayor Abramowitz asked if this land is under a court order and Ms. Carpenter said, no, the land to the east is; however, this land is not. Mayor Abramowitz asked if the applicant can plat this property at present and Ms. Carpenter said it can be platted without a zone change. Terry Hobmeier, resident, asked if Leadership Housing is donating any land to the City of Tamarac in lieu of this and requested they donate land for ecology. She said many acres of land were donated in Lauderhill for the citizens. She said she spoke to County Commissioner Scott Cowan regarding the cap in Broward County in the population. She said if planned apartments continue to be built, the population will soar. She said she feels the City should be content with private homes. Jesse Sompolinsky, resident, asked how many stories are permitted. Mayor Abramowitz said the Code does allow them to go over 40 feet which is three stories. Mr. Sompolinsky said no one wants this volume in that area. He said the residents want to keep the neighborhood stable. C/M Schumann said most of the complaints are about the heavy traffic on NW 71 Avenue and on NW 108 Terrace. He said in looking at the aerial view of the area, the land to the east is open land. He said he feels that there will still be traffic no matter what type of dwellings or businesses are built in that area. He said the property owner has the right to develop his property. Mr. Frolish, resident of the Isles of Tamarac, said the residents have expressed their concerns regarding the traffic and the desire to maintain their current way of life in that area. He said he has not heard anything from the current owner and his counsel what they will do to protect the way of life which the residents have there at present. He said he has to rely on this Council to protect the rights and the way of life of these residents. He said he shudders at the thought of another commercial center to the east of the Isles of Tamarac and the high density housing which has been proposed. He said he feels this is not necessary. He said the Petitioner has not given any plans as to what he wants to build there. Mayor Abramowitz said there is nothing being built to the east but to the west of the Isles of Tamarac. TAPE 4 Mayor Abramowitz said this is a petition to rezone for platting. He said to his knowledge, the Petitioner has no plans. Mr. Frolish said he feels that since the Petitioner has no plans, the only reasonable thing Council could do is to deny the petition until such time as the Petitioner has some site plans. Bob Thomas, resident, suggested Council visit the area being discussed to take note of the traffic and the sounds from the Sawgrass Expressway. He said he does not feel that people would want to buy in this area due to all of this. He said he does not want that type of riff-raff living in his neighborhood. Mayor Abramowitz said he does not feel that people who live in rental apartments are riff-raff. Mr. Thomas apologized and said he is concerned about the type of people that might reside there. Mr. Stacker said there is no development on the east of the Isles of Tamarac. He said there is approximately 25.6 acres that represent residential land use to the north of this petition and can be developed at 8.5 units per acre, 217 units at present. He said the subject of this petition is south of that, which is 6.331 acres and 4 of these acres are presently zoned I-1. He said the Planning Department and Leadership Housing, Inc. does not believe that I-1 is a use which is compatible with the surrounding neighborhood. He said this petition is requesting that these 6.331 acres be rezoned to RM-10 which permits 10 units to the acre. He said the Petitioner recognizes that there is a square footage minimum in the RM-10 district that would enable some developer to move forward with 500 and 600 square foot units. He said the Petitioner is not unaware of what the Council did on Tract 24, west of Nob Hill, north of Kings Point, where the Council requested and obtained a voluntary Declaration of Covenants and Restrictions to insure that the minimum square footage of a unit would be 700 square feet. Mr. Stacker said the Petitioner will bring forward to Council, conditioned upon the rezoning, a Declaration of Covenants and Restrictions to 700 square feet minimum apartments. He said Leadership Housing does not know what the use will be as to being a rental or sale property. He said the designation of this property is residential on the Land Use Plan. He requested approval by Council of this property rezoning to RM-10. VOTE: C/M Schumann - AYE C/W Glasser - NAY C/M Katz - AYE Mayor Abramowitz - AYE 34. a. MOTION TO ACCEPT Affidavits of Publication, Mailing and Posting for Temp. Ord. #1538. Petition #19-Z-91. b. PUBLIC HEARING - MOTION TO ADOPT Temp. Ord. #1538 on first reading concerning a request by LEADERSHIP HOUSING, INC., to rezone a 1.838 acre parcel between the Sawgrass Expressway and NW 108 Terrace, 1347-feet north of McNab Road, from R-3U (Row House) and I-1 (Institutional/Educational) to RM-10 (Planned Apartments) to conform to the Broward County Land Use Plan. Petition #19-Z-91 (tabled on 3/27/91) FINAL ACTION: Public Hearing was held. ACCEPTED 34. a. APPROVED 34. b. on first reading. Second and final reading will be held on Wednesday, May 8, 1991 at 7:30 p.m. a. C/M Katz MOVED to ACCEPT Affidavits, SECONDED by C/M Schumann. VOTE: ALL VOTED AYE b. C/M Katz MOVED to APPROVE Temp. Ord. #1538, SECONDED C/M Schumann. City Attorney Ruf read Temp. Ord. #1538 by title. Ms. Carpenter said this is an application by Leadership Housing, Inc., to rezone property from R-3U and I-1 to RM-10. She said this property is west of NW 108 Terrace between Southgate Boulevard and McNab Road. She said the Planning Commission voted unanimously to recommend denial of this application at its February 20, 1991 meeting. She said the applicant is requesting this rezoning to bring this entire parcel, which has a plat pending, into one zoning category. She said RM-10 allows 10 dwelling units to the acre. She said the Land Use Plan designation is medium density residential which allows 10 to 15 dwelling units per acre. She said the applicant is in the process of platting this parcel. She said the preliminary plat has been reviewed by the Planning Commission and is pending Council action. Ms. Carpenter said the applicant has offered a voluntary deed restriction to limit the minimum square footage of this RM-10 rezoning to 700 square feet per unit. She said the surrounding uses are as follows: north-recreation; east-medium density residential (R-3U) permitted at 15 dwelling units to the acre by court order; south-low medium residential 6 - 10; and west-Sawgrass Expressway. She said this request is consistent to the County and City Land Use Plans and Staff has recommended approval of the RM-10 request and will accept the voluntary deed restriction to 700 square feet minimum per unit. Mayor Abramowitz said the minimum square footage for an apartment in the City is 500 square feet according to the Code. Jesse Sompolinsky, resident of the Isles of Tamarac, said the residents do not want a 700 square foot unit placed in this area. He said a minimum of 1,000 square feet or an RC-1 zoning would be more acceptable to the residents. Mr. Stacker said Leadership Housing, Inc. has no problem with conditioning this rezoning with a declaration which restricts the minimum unit size to 700 square feet which is 200 square feet more than the Code would provide. He said this is a 1.838 acre parcel and the effective increase in density is very negligible and requested Council approval. VOTE: C/M Katz - AYE C/M Schumann - AYE C/W Glasser - NAY Mayor Abramowitz - AYE END OF PUBLIC HEARINGS - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - 6. PUBLIC PARTICIPATION - Any member of the public may speak to any issue which is not agendized for public hearing at this meeting. Speakers will be limited to three minutes during this item and at public hearings. There will be a thirty (30) minute aggregate time limit for this item, and speakers are encouraged to sign up in advance with the City Clerk prior to their participation. (Continued from Page 3) Bernie Hart, resident, read his matter of concern is the bronze plaque on the City Hall building. He said he feels that former Vice Mayor Helen Massaro and former C/M Arthur Gottesman should have their names on the plaque. He said a new administration was in place at the time the building was completed. He said a new plaque was ordered with the names of the Mayor and Council at the time of dedication. He said there were two plaques at the old City Hall, one which had the names of the existing Council at the time the building was opened and the other had the names of those in the Engineering and Architectural field that had contributed to the building. Mr. Hart said he feels that a new plaque being ordered with the Council names at the time of dedication was proper. He said he feels that the plaque which has the names of those who made this building possible does not belong in the rear of the City Hall at the employees entrance where the public cannot see it. He said he feels this is an insult to those whose names are on that plaque. He said he feels Council will right this wrong. Bernie James, resident, asked if the traffic light at NW 71 Place is a Broward County and DOT matter and Mayor Abramowitz said it is a Broward County matter. Public Works Department 11. DISCUSSION AND POSSIBLE ACTION regarding construction of a sidewalk on Southgate Boulevard from 93 Avenue to just west of NW 98 Avenue. FINAL ACTION: DENIED due to Motion lacking a Second. Samuel Kaplan, resident of Spring Lake 1, said the traffic coming into Tamarac has more than doubled since the opening of the Coral Springs bridge which is dangerous for the residents who walk through the gutter to go shopping. He said a sidewalk is needed in this area. Mayor Abramowitz said a representation for a sidewalk was made two and a half years ago by Spring Lakes of the danger that was prevalent for those who walk on Southgate Boulevard. He said the sun comes up in the east with the traffic coming from behind them in the west. He said a survey was done at that time by the Community Development Department and it was established that danger did exist. He said the residents of Spring Lake have been promised a sidewalk at this location for two and one half years being postponed because of elections and money. He said the City has the money and the election is over and he feels it is time to handle this situation. Mayor Abramowitz said there is an Ordinance, O-87-33, which states the following: 1. The people pay for it. 2. The property owners reconstruct, maintain and repair the sidewalk or the proposed sidewalk in front of or abutting upon such property. 3. The City Manager, Engineer, Public Works Director and the Planner must authorize the construction thereof. 4. The Resolution referred to in the subsection above shall set forth whether the cost of construction of the sidewalk shall be from a private donation, a special assessment or from a sidewalk account previously established as a budget item. Mayor Abramowitz said the City does not have a sidewalk account established as a budget item; however, he has asked the City Manager and Finance Director if the Council can take money from the Contingency Fund and place it into a sidewalk account to construct this sidewalk. He said an estimate for this sidewalk was done in December, 1990, which is $8,480.50. He requested approval by Council for the building of a sidewalk at this location and to approve taking money from the Contingency Fund and establishing a sidewalk account for this. He said he feels the residents are entitled and deserve this sidewalk. C/W Glasser said in the election of September, 1990, there was a vote of the residents of Tamarac who turned down the Referendum for sidewalks in the City. She said she is in favor of sidewalks, but the Referendum was passed stating that the residents voted down sidewalks. Mayor Abramowitz said after that Referendum was defeated, the newspaper reporter asked him what his feelings were and he responded that there is one area in the City that requires a sidewalk which is a matter of health, safety and welfare and he feels that sidewalk should be built and the newspaper quoted him incorrectly. C/M Katz said he feels that this does not set a precedent for other people in the City. He said he is concerned about a transfer from the Contingency Account and creating a sidewalk account. He said he feels this would be opening a Pandora's box allowing other sections and communities to request the same favor. He asked how many people reside in Spring Lake. The residents from the audience said 97 homes with 280 residents. Mayor Abramowitz said every week money is transferred from the Contingency Fund to other accounts which is what it is for. He said if there is a reason for money to be spent which was not budgeted for is what the Contingency Fund is for. He said he has had only two requests for sidewalks in the three years he has held office. He said any area that requested sidewalks and it was a matter of health, safety, and welfare, he would vote in favor of it. Dave Krantz, resident, said when the sidewalk was built on 93 Avenue to the Town Shopping Center, many of the people in Section 23 use that sidewalk to get to the shopping center, especially those who use wheelchairs and walkers. He said the addition of a sidewalk from 93 Avenue to 98 Avenue will give the people of Spring Lake the same opportunity because cars come through there at 45 m.p.h. and it is a matter of safety. He said he feels this sidewalk should be passed. C/M Schumann said he feels this is selective and Council will be deluged by people requesting health, safety and welfare situations from all over the City. He said the voters voted it down at Referendum in September, 1990. C/W Glasser suggested a sharing in the cost of building the sidewalk. Mayor Abramowitz said Council has a right to express their opinion. He said he does not agree that there will be a flood of requests coming in for sidewalks. He said lights are being put in the City continuously in areas that are too dark. He said on Rock Island Road from Commercial Boulevard north to Bailey Road was the worst area for lighting. He said the City put lights in because it represented a danger. He asked if Council would vote down lighting if it represented a danger if the people voted down lights. He said on the Tamarac side of McNab Road, there are lights; however, on the North Lauderdale side, it is dark where a child was killed. Harvey Portner, resident of Spring Lake, said somebody saw it fit to place a sidewalk from NW 93 Street to Pine Island and to put one from Nob Hill Road to the west, but for some reason, there is no sidewalk in between. He said he was almost hit by a car and sprained his ankle. He said there is no alternative other than to walk on the grass or the street in this location. Pauline Berger, resident of Spring Lake 1, said she feels if is not fair that a sidewalk is not being placed here. TAPE 5 C/M Katz suggested the line item be added to the budget for this year. Mayor Abramowitz said this would cause another delay. He said there is nothing wrong with taking from the Contingency Fund. Morris Goldberg, resident of Sands Point, said he agrees with Council that this would open a Pandora's box for any request or gimmick where the amount is nominal. He said the residents in Sands Point had a situation with sidewalks and the residents paid for the building of the sidewalks instead of asking for them from the City. He said this is a small amount of money and he asked why the residents cannot get together and pay for their own sidewalk. Mayor Abramowitz said that person who paid $600.00 for the sidewalk which would normally cost $14,000.00. He said the City is trying to do this in a legitimate manner. Anthony Grimaldi, resident, asked how many feet is involved in this sidewalk and how was the $8,480.50 cost derived and Mayor Abramowitz said there are 1,217 feet at an estimated cost of $8,480.50 for the sidewalk. Mayor Abramowitz said this area is not inside Spring Lake, but is located on Southgate Boulevard. A member of the audience asked what the balance of the Contingency Fund is and City Manager Kelly said approximately $250,000.00. Mayor Abramowitz MOVED to APPROVE the construction of a sidewalk on Southgate Boulevard from 93 Avenue to just west of NW 98 Avenue. MOTION DIED DUE TO LACK OF A SECOND. Mayor Abramowitz RECESSED and RECONVENED this meeting at 10:10 p.m. with all present. CONSENT AGENDA 7. Items listed under Consent Agenda, Item 7, are viewed to be routine and the recommendation will be enacted by ONE MOTION in the form listed below. If discussion is desired, then the item(s) will be removed from the Consent Agenda and will be considered separately. Building Department a. MOTION TO ADOPT Temp. Reso. #6028 releasing a cash bond in the amount of $4,575.00 posted by Oregon Corporation to guarantee installation of the irrigation system at 7707 University Drive (870901). FINAL ACTION: RESOLUTION R-91-60-PASSED APPROVED City Clerk b. MOTION TO APPROVE the minutes of the 3/19/91 City Council Special Meeting. FINAL ACTION: APPROVED c. MOTION TO APPROVE renewal of a model sales and administrative facility for COLONY COVE in Building 3, Unit 15, for a six-month period from 5/28/91 to 11/28/91. FINAL ACTION: APPROVED d. MOTION TO APPROVE renewal of a model sales permit for WESTWOOD PINES in Building 5, Units 523 and 525, for a six-month period from 5/14/91 to 11/14/91. FINAL ACTION: APPROVED e. MOTION TO APPROVE renewal of a model sales permit for VERSAILLES GARDENS for a six-month period from 4/24/91 to 10/24/91. FINAL ACTION: APPROVED Engineering/Utilities f. 1. MOTION TO ADOPT Temp. Reso. #6022 accepting a bill of sale for the water distribution and sewage collection system improvements for the WESTWOOD PINES APARTMENTS project. 2. MOTION TO ADOPT Temp. Reso. #6023 accepting an Agreement and Covenant Running With The Land concerning entry way planter boxes with a utility easement at the WESTWOOD PINES APARTMENTS project. FINAL ACTION: RESOLUTION R-91-61-PASSED APPROVED f.1. and 2. RESOLUTION R-91-62-PASSED g. MOTION TO ADOPT Temp. Reso. #6021 releasing warranty Letter of Credit #NY- 0489-30006376 in the amount of $12,894.00 posted for sewer improvements and warranty Letter of Credit #NY-0489-30006375 in the amount of $16,593.00 posted for water improvements at KINGS POINT DEVON PHASE I project. FINAL ACTION: RESOLUTION R-91-63-PASSED APPROVED Finance Department h. MOTION TO ADOPT Temp. Reso. #6033 accepting the Comprehensive Report, of which the Auditors Report prepared by Grant Thornton is a part, for Fiscal Year Ending 9/30/90. FINAL ACTION: RESOLUTION R-91-64-PASSED APPROVED C/M Schumann MOVED to APPROVE the Consent Agenda, SECONDED by C/W Glasser. VOTE: ALL VOTED AYE CONSIDERATIONS City Council 8. MOTION TO APPOINT a voting delegate and alternate to the Broward League of Cities. FINAL ACTION: APPROVED C/W Diane Glasser as delegate and C/M Henry Schumann as alternate. Mayor Abramowitz MOVED to NOMINATE C/W Glasser as the regular voting delegate to the Broward League of Cities and C/M Schumann as the alternate, SECONDED by C/M Schumann. VOTE: ALL VOTED AYE 9. MOTION TO DETERMINE the four (4) consecutive week period during which the City Council will not meet in 1991 pursuant to Section 4.06(a) of the Charter. FINAL ACTION: APPROVED July 11, 1991 through August 9, 1991 as four consecutive week period. Mayor Abramowitz said last year the Council took July 11 through August 9 as their four consecutive week vacation. City Manager Kelly recommended the same time-frame be taken this year. C/M Katz MOVED to APPROVE the four consecutive week period, SECONDED by C/M Schumann. VOTE: ALL VOTED AYE Mayor Abramowitz said he is uncomfortable having Staff sit through the entire Council meeting. He suggested that any items involving Staff be forwarded to the beginning of the meetings and City Manager Kelly agreed. Engineering 10. MOTION TO APPROVE Change Order #1 to the contract with Davis Meter & Supply in the amount of $15,394.90 for the purchase of additional 10-inch pipe and fittings and to APPROVE the transfer of $20,000.00 from Pump Station 2A1 Force Main Account 425-367-535-6QW to Pump Station 2A Force Main Account 425-367-535-6QV to provide additional funding for TUW Project 89-32, Pump Station 2A Ductile Iron Sanitary Force Main. FINAL ACTION: APPROVED C/M Katz MOVED TO APPROVE Change Order #1, SECONDED by C/M Schumann. Bob Foy, Director of Utilities/Engineering, said this is a request for approval of Change Order #1 to Davis Meter in the amount of $15,394.90. He said this additional money is required to purchase additional materials to replace the raw sewage force main pipe for Lift Station 2A. He said part of this raw sewage force main pipe is substandard and has failed several times, spilling raw sewage on NW 66 and NW 67 Streets in Mainlands 15. He said these spills were a health hazard to that neighborhood. Mr. Foy said the City assumed that a portion of the existing force main could be reused and that the size would remain at six inches. He said when the design was completed, it was found that the size of the pipe had to be increased from six inches to 10 inches; therefore, the existing duct liner pipe could no longer be used. He said the additional funds will be transferred from the 2A-1 Force Main Project that is being deferred at present because there have been no spills in that area, even though that pipe is also substandard. He said the relief that the force main is going to give to Lift Station 2A can be compensated by trading pumps between Lift Stations 35 and 2A. He said to date approximately 3,600 lineal feet of pipe has been delivered and 1,300 lineal feet has been installed. He said Staff recommends approval. C/M Schumann asked for clarification of the number of lineal feet and City Manager Kelly said it should be 1,200 lineal feet. C/M Katz asked what the balance of the account is that the transfer is coming from and Mr. Foy said approximately $40,000.00 is in the account. VOTE: ALL VOTED AYE 12. a. MOTION TO APPROVE the Selection Committee's ranking of the architectural/engineering firms interviewed in connection with Expression of Interest #90- 1 as follows: 1. Robert Walters Architects 2. Scharf & Associates, Inc. 3. Twenty-First Century Engineering Corporation b. MOTION TO APPOINT a Negotiating Committee to negotiate a contract for future Council consideration with the #1 ranked firm or, if required, the #2 or #3 ranked firm; the Negotiating Committee will consist of the following: 1. John P. Kelly, City Manager 2. Michael R. Couzzo, Assistant City Manager/Director of Public Works 3. Kelly Carpenter, Director of Community Development 4. Robert Foy, Director of Utilities/Engineering 5. Mary Blasi, Finance Director (tabled on 3/27/91) FINAL ACTION: APPROVED 12.a. 12.b. APPROVED as AMENDED for the City to utilize the top two firms on a rotating basis and, if terms cannot be met, then utilize the 3rd ranked firm. a. C/M Katz said he had made a Motion at the Council Workshop meeting that the City negotiate with these firms in order on a rotating basis. C/M Katz MOVED to APPROVE Item 12.a., SECONDED by C/M Schumann. VOTE: ALL VOTED AYE b. City Manager Kelly said a Committee was appointed by Council and recommendations were made in accordance with the Competitive Negotiations Act. He said a lengthy workshop had been held for discussion on this matter. He said it was the position of Council that Staff had made the recommendations and were good; however, it was the Council's intent to authorize Staff to negotiate with the two top ranked firms. He said Item 12.a. was to accept the three top ranked firms and Item 12.b. is to appoint the Negotiating Committee which will follow, but to authorize the Negotiating Committee to negotiate with the top firms on a rotating basis. C/M Katz said in the event that the City cannot come to terms with either of the top two firms, the number three ranked firm would be utilized. Mayor Abramowitz read the names of the proposed Negotiations Committee members. C/M Katz MOVED to AMEND the Motion to negotiate with the top two firms on a rotating basis, SECONDED by C/W Glasser. VOTE: ALL VOTED AYE C/M Katz MOVED to APPROVE the Motion as amended, SECONDED by C/M Schumann. VOTE: ALL VOTED AYE RESOLUTIONS Building Department 13. MOTION TO ADOPT Temp. Reso. #6032 granting a waiver to the Sign Code to allow a permanent ground sign in the parking lot at GARDENS MALL for Rascals III Restaurant (formerly Streb's Seafood and Steakhouse), 7111 W. Commercial Boulevard. FINAL ACTION: RESOLUTION R-91-66-PASSED APPROVED City Attorney Ruf read Temp. Reso. #6032 by title. C/M Schumann MOVED to APPROVE Temp. Reso. #6032, SECONDED by C/M Katz. City Manager Kelly said this is a waiver for the project which was formerly Streb's Steakhouse in the Gardens Mall. He said the applicant is present and is requesting this be renamed to Rascal's III Restaurant and to change the ground sign. He said this was referred to the Building Department which had no other option but to recommend denial because it does not meet the requirements for a ground monument sign according to the Code. He said the Building Official's recommendation must be for denial since the sign does not meet criteria. He said the application for the existing Streb's sign was originally approved by Council and the new sign would be smaller and would replace the larger Streb's sign at the same location. He said the Staff is obligated to recommend denial and it is Council's opportunity to waive the decision. He said he would endorse such a waiver. C/M Schumann said no one will know that the applicant is in this center if the Streb's sign is not removed. He said the Building Department recommended that only the name of the center be on the ground sign and not the tenant. Mayor Abramowitz said there was a sign Ordinance enacted that gives Council the right to make changes. He said he feels Council should give every opportunity to every businessman in the City to stay in business. He said Staff must recommend denial because the Code says they must. C/M Schumann said he is in favor of the sign. VOTE: ALL VOTED AYE 14. MOTION TO ADOPT Temp. Reso. #6034 granting a waiver to the Sign Code to allow a permanent ground directory sign to be located in the right-of-way of State Road #7 for LAKESIDE PLAZA, 5481 N. State Road 7. FINAL ACTION: TABLED at the request of the Petitioner to Council Meeting of May 8, 1991 at 7:00 p.m. City Manager Kelly said the applicant requested this item be tabled until May 8, 1991 at 7:00 p.m. C/M Katz MOVED to TABLE Temp. Reso. #6034, SECONDED by C/M Schumann. VOTE: ALL VOTED AYE General Administrative 15. MOTION TO ADOPT Temp. Reso. #6035 authorizing the appropriate City officials to execute the Cross Parking Agreement between the City of Tamarac and the Broward County School Board. FINAL ACTION: RESOLUTION R-91-65-PASSED APPROVED City Attorney Ruf read Temp. Reso. #6035 by title. Assistant City Manager Dina McDermott, said this is an agreement between the City of Tamarac and the Broward County School Board for cross utilization of the parking facilities for special events at the Tamarac Multi-Purpose Center, Recreation Center and the Tamarac Elementary School. She said the School Board is in full accord with the agreement and they will be reviewing it at the next Board meeting. C/M Katz MOVED to APPROVE Temp. Reso. #6035, SECONDED by C/M Schumann. VOTE: ALL VOTED AYE 16. MOTION TO ADOPT Temp. Reso. #6006 authorizing the appropriate City officials to execute an Amendment to the Agreement with Southern Sanitation for newspaper, glass and aluminum recycling services, and establishing a fee of $.76 per residential unit for these services (tabled on 3/13/91). FINAL ACTION: RESOLUTION R-91-67-PASSED APPROVED as AMENDED, changing the penalty clause from 1-1/2% to 1/2% or maximum of 1%. City Attorney Ruf read Temp. Reso. #6006 by title. C/M Schumann MOVED to APPROVE Temp. Reso. #6006, SECONDED by C/M Katz. Mayor Abramowitz recommended that there be an amendment on this agreement on the 1-1/2% of the penalty clause. He said he understands that the other cities have authorized a modification to this agreement stipulating that the penalty agreement shall be a minimum of 1/2% or maximum of 1% and if three of the five cities come up with this, it will be presented to Waste Management. He said the City will have nothing to lose and everything to gain by trying to lower the penalty clause. He recommended that Council amend the agreement. City Manager Kelly said this agreement is an amendment to the existing agreement for recycling and it expands the service from newspaper recycling to include glass and aluminum. He said it maintains the existing fee of $.76 and there will be no increase in it. He said a Council Workshop meeting has been held and the five member City group has met and have had subsequent further discussions and agreements with Waste Management. He said Waste Management has agreed that they will not impose the cost of living increase until April, 1992 and they had reduced the penalty fee from 2% to 1-1/2% which is what it has been for the present duration of the contract. He said Lauderhill approved it with a 1% maximum cap on it. He said this recycling agreement does not address multi-family recycling and will be addressed as soon as the five cities enact this legislation. Mayor Abramowitz said no matter how much the cities chop the percentage, it will still be a gain of money. He said if three cities of the five do not adopt this amended agreement, the original contract will go into effect with the 1-1/2%. He said he understands that three of the five cities will adopt this with the current verbiage which will give the cities the opportunity to save some money. City Manager Kelly said Section 24 of the agreement states that as of the date of the agreement, if the contractor or an affiliate provides solid waste collection disposal for each member of the group cities, in the event that any member of the group cities ceases to use the contract with Southern Sanitation, then that member of the cities shall pay an additional monthly fee per unit to the contractor that is equal to 1-1/2% of the then current disposal fee for the member which no longer uses the solid waste collection services of the contractor, Southern Sanitation. He said he feels that the likelihood of going with anyone else is extremely remote and with that rationale, Mayor Abramowitz is saying to request 1%. Mayor Abramowitz said if three or more of the cities request the 1%, Waste Management may agree with it. C/M Katz said he feels there should not be a problem on Waste Management's behalf of reducing it by the 1/2%. Mayor Abramowitz MOVED to AMEND the contract to indicate that on Section 24, there be a minimum of 1/2% and a maximum of 1%, SECONDED by C/M Katz. VOTE: ALL VOTED AYE Mayor Abramowitz MOVED to APPROVE the amended contract, SECONDED by C/M Katz. VOTE: ALL VOTED AYE 17. MOTION TO ADOPT Temp. Reso. #6031 revising parking fees from $20.00 to $30.00 per month at the Municipal Parking Lot located at 5510 NW 22 Avenue. FINAL ACTION: RESOLUTION R-91-68-PASSED APPROVED City Attorney Ruf read Temp. Reso. #6031 by title. C/M Schumann MOVED to APPROVE Temp. Reso. #6031, SECONDED by C/W Glasser. City Manager Kelly said this parking facility has been provided by the City for some time. He said there have been requests in the past to increase the parking fees, but last year the City spent approximately $8,000.00 in costs in providing additional lighting and security after several people utilizing the facility made complaints. He said the rate has been $20.00 per month and it is being recommended to be raised to $30.00 per month with a minimum of three months usage or $360.00 for a twelve month period. He said the funds are paid in advance and the fees are non-refundable. He said this will be effective immediately upon adoption of the Resolution. VOTE: ALL VOTED AYE ORDINANCES General Administrative 18. MOTION TO ADOPT Temp. Ord. #1539 on first reading to amend Chapter 14 of the Code to revise the parking ticket fees. FINAL ACTION: APPROVED as AMENDED on first reading regarding removal of Section 1 of the Ordinance concerning handicapped fines. Second and final reading will be held on Wednesday, May 8, 1991 at 7:30 p.m. City Attorney Ruf read Temp. Ord. #1539 by title. C/M Katz MOVED to APPROVE Temp. Ord. #1539, SECONDED by C/M Schumann. City Manager Kelly said this is a proposal to change some of the City's penalties for violations in parking from $5.00 to $15.00. He said there was a Council Workshop held to discuss this. He said there was some concern by Council regarding the handicapped parking. C/W Glasser said it was being recommended to reduce the handicapped parking fee to $150.00. She said she feels there are many handicapped people in the City and that people do not belong in the handicapped spaces if they are not handicapped. She said she feels the fee should remain at $250.00 and if it causes a hardship on the person paying the $250.00, then so be it. City Manager Kelly read the rewritten portion of the Ordinance, �If a citation issued for violation of this article is paid prior to the issuance of a Notice to Appear or municipal information, the fine shall be $15.00. If such fine is paid after the issuance of a Notice to Appear or municipal information, but prior to the date of arraignment for such violation, the fine shall be $25.00. If such fine is paid on or after the date of arraignment but prior to the date of trial set for the cause, the fine shall be $50.00. If the cause is brought to trial, the maximum penalty shall be $100.00....� He said he feels that if the violator has this procedure facing them, they will pay the $15.00 rather than having it escalate to $25.00 or more. Mayor Abramowitz said he feels that anybody who parks in a handicapped zone and does not belong there should be charged higher; however, there is a problem in collection. He said the party has a right to go to court to oppose the ticket for parking in a handicapped zone. He said the proposal is that if the fine is paid within a five day period it is $150.00; if it is paid in ten, it goes to $200.00 and after 10 days, it goes to $250.00. TAPE 6 Mayor Abramowitz said he wants the City to be able to collect the fees without spending $200.00 for collections. He said the City Attorney must be present at these hearings to supply due process. C/M Schumann said a prosecuting attorney is not needed at these hearings if sworn testimony of the party who issued the ticket is available. He said this is a testimony under oath. Mayor Abramowitz said the people issuing these tickets are handicapped people deputized by the Broward Sheriff's Office for this purpose. He said he does not know if asking these handicapped people to go to court will be acceptable. C/W Glasser said she feels that if someone is going to fight a ticket of that kind, they will fight it no matter what the amount is. City Attorney Ruf said Council would amend the Ordinance by removing Section 1 which is the change in the handicapped parking. C/W Glasser MOVED to AMEND Temp. Ord. #1539 as presented to remove Section 1, SECONDED by C/M Schumann. VOTE: C/M Katz - AYE C/M Schumann - AYE C/W Glasser - AYE Mayor Abramowitz - NAY C/M Katz MOVED to APPROVE Temp. Ord. #1539 as amended, SECONDED by C/M Schumann. VOTE: ALL VOTED AYE 37. MOTION TO ADOPT Temp. Reso. #6036 supporting funding for the continuous progress Summer School Program in Broward County. FINAL ACTION: RESOLUTION R-91-69-PASSED Agendized by Consent and APPROVED. (Agendized on Page 1) City Attorney Ruf read Temp. Reso. #6036 by title. C/W Glasser MOVED to APPROVE Temp. Reso. #6036, SECONDED by C/M Schumann. VOTE: ALL VOTED AYE REPORTS 35. City Council C/M Schumann - No report. C/M Katz commended the March of Dimes Committee for a job well done and all of the people who were associated with the WalkAmerica. He said he completed the 12.4 mile task himself. C/W Glasser - No report. 36. City Manager City Manager Kelly said the City received a recognition from the Internal Revenue Service for allowing their services to be provided at City Hall. City Manager Kelly said Council has had complaints regarding the 50 to 60 feet of fencing on McNab Road which has been knocked down by the ATV's that utilize that area. He said he met with the out-of-town owners of that property regarding this problem. He said he will be in contact with Public Works to secure some of the concrete barricades to place along this property and the owners will give the City the permission to do so. He said the repairs to this fence have been done before with little success. He said the BSO is frustrated with the situation and the inability to catch the joy-riding culprits. City Manager Kelly recommended that Council consider a Workshop meeting regarding the Natural Gas proposal and a Workshop meeting regarding the Social Services transportation situation. City Manager Kelly expressed his appreciation to Ron Dawkins, reporter for the Miami Herald, for his article regarding the old City Hall. He said there have been some interesting offers on the old City Hall. 35. City Council Mayor Abramowitz said Mr. Hobmeier has been reporting to the BSO that Ms. Hobmeier has been very watchful in the area off McNab with the fence. He said she has reported to the BSO that there was one car in there. Mayor Abramowitz said he received a letter from the Broward League of Cities regarding two or three bills in Tallahassee that would prove catastrophic to any municipality. He said the State and County are taking revenue from the City. He said he received a letter informing the City that the City has a shortfall of approximately $166,000.00 coming due to the lowering of the gasoline and cigarette tax. He said the County and State are hurting the City with the impact fees in Tallahassee. He said the creative financing in Tallahassee is going to hurt the cities. He said one of the things is, if the City forces someone to take down a billboard as the Code specifies, at one time it could be advertised and now it means cash. He said they have also created a formula whereby Broward County charges the City for collecting the occupational license fees and then takes a portion from the City and gives it to the unincorporated areas in Broward County. Mayor Abramowitz commended City Manager Kelly for sending the letters protesting these bills in Tallahassee. City Manager Kelly said Assistant City Manager McDermott studies the literature from the State regarding the problematic bills and handles the responses. He said he feels she is a great assistant. With no further business, Mayor Abramowitz ADJOURNED this meeting at 11:00 p.m. NORMAN ABRAMOWITZ MAYOR CAROL A. EVANS CITY CLERK "This public document was promulgated at a cost of $344.73 or $7.66 per copy to inform the general public, public officers and employees of recent opinions and considerations of the City Council of the City of Tamarac." 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