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HomeMy WebLinkAbout1990-01-24 - City Commission Regular Meeting MinutesCITY OF TAMARAC CITY COUNCIL REGULAR MEETING WEDNESDAY, JANUARY 24, 1990 CALL TO ORDER Mayor Abramowitz called this meeting to Order on Wednesday, January 24, 1990 at 9 00 A M in the Council Chambers MEDITATION AND PLEDGE OF ALLEGIANCE Mayor Abramowitz called for Ve Pledge of A1iegiance o€o11owed by a Moment of Silent Meditation ALSO PRESENT Mayor Norman Abramowitz Vice Mayor Dr H Larry Bender Councilman Bruce Hoffman Councilman Henry Rohr Councilman Jack Stelzer John P Kelly, City Manager Alan Ruf , Interim City Attorney Carol A Evans, City Clerk Pauline Walaszek, Special Services Secretary RESOLUTIONS Community Development 8 MOTION TO ADOPT Temp Reso #5599 approving a site plan and associate-d documents for KINDERCARE LEARNING CENTERS (tabled on 11/22/89) (to be located on the west side of University Drive south of NW 71 Court) SYNOPSIS OF ACTION TABLED at the request of the applicant * V/M Bender MOVED to TABLE Temp Reso #5599 at the request * of the applicant, SECONDED by C/M Hoffman VOTE ALL VOTED AYE 1 a PRESENTATION by City Manager Kelly of five-year service awards to the following Vincent Rutigliano Luisito Villena Nathan Garland Ed Shuty Bert Ma sl owe Public Works Public Works Parks and Recreation Engineering Purchasing b PRESENTATION by City Manager Kelly of a ten-year service award to the following employee Richard Ruhl Utilities West c PRESENTATION by City Manager Kelly of fifteen -year service awards to the following employees Raymond Briant Fire Chief Peter Prior Fire Department Valentin Jakolenko Public Works Page 1 1/24/ 90-pw SYNOPSIS OF ACTION PRESENTATIONS were given to the employees listed in a , b and c Alan Levine accepted Nathan Garland's award a City Manager Kelly presented five-year service awards to Vincent Rutigliano and Luisito Villena, Public Works, Ed Shuty Engineering and Bert Maslowe, Purchasing Alan Levine of Parks and Recreation/Public Works, accepted `he award for Nathan Garland, Parks and Recreation b City Manager Kelly presented a ten-year service award to Richard Ruhl, Utilities West c City Manager Kelly presented fifteen -year service awards to' Raymond Briant, Fire Chief, Peter Prior, Fire Department and Valentin Jakolenko, Public Works City Manager Kelly thanked the employees for their yeaxs of service for the City 2 PRESENTATION by Mayor Abramowitz of a commendation to Frank Knapfel, Fire Department, for his efforts in educating residents and City employees in life saving techniques SYNOPSIS OF ACTION PRESENTATION was made Mayor Abramowitz read the commendation and presented iz Frank Knapfel, Fire Department He thanked Mr Knapfel for his services and training to the residents and City employees 5 PRESENTATION by Mayor Abramowitz of a proclamation designating the month of January, 1990, as "VOLUNTEER BLOOD DONOR MONTH" SYNOPSIS OF ACTION PRESENTATION was made Mayor Abramowitz read the proclamation and presented 1* to Amy Swayze, Representative of the Broward County Blood Center, Inc Ms Swayze thanked the City for the presentation and the support by the City employees and residents 3 ACKNOWLEDGMENT AND ACCEPTANCE of a donation in the amount o$500 00 from the -Woodlands Homeowners Association and a donation in the amount of $500 00 from the Woodlands Golf Association for use by the Fire Department SYNOPSIS OF ACTION A Representative from the woodlands Golf and Homeowners Associations presented Mayor Abramowitz with the donations A Representative from the Woodlands Golf and Homeowners Associations, said the Woodlands Golf and Homeowners Associations knew that the City's Budget each year may be limited in purchasing certain recreational equipment, etc He said in appreciation of the Fire Department's service to the City, the Associations wanted to make these donations annually u Page 2 1/24/90-pw Mayor Abramowitz said on behalf of the City Council, Fire Department and residents, he thanked the Associations for their donations 4 PRESENTATION by Terry Sharpe, Government Finance Officer's Association, to Ken Burroughs, Finance Director, of a Certificate of Achievement for Excellence in Financial Reporting for Fiscal Year ending 1,10,11 SYNOPSIS OF ACTION PRESENTATION was made to Ken Burroughs, Finance Director and Mayor Abramowitz City Manager Kelly said the Finance Director previously received a Certificate of Excellence for assisting the City in receiving the award being presented at this time He said Ken Burroughs, Finance Director, was instrumental in the City's budgets and reporting methods used He introduced Terry Sharpe, Representative of the Government Finance Officer's Association and he asked Mr Burroughs and Mayor Abramowitz to jointly accept the Certificate of Achievement on behalf of the City Mr Sharpe said he was the Budget Director for the City of Fort Lauderdale and was representing the Government Finance Officer's Association of the United States and Canada this morning He said the award he was presenting was the Certificate of Achievement in Financial Reporting and was designed to provide a consistent standard and format for reporting a government entities' financial condition He said the reporting assisted in making financial reporting of the City more understandable He said the award indicated a commitment of the City of Tamarac for the highest standards of financial reporting, leadership in financing and time and effort in reporting He presented the Certificate to Mr Burroughs and Mayor Abramowitz Mr Burroughs thanked Mr Sharpe for the Certificate and he said he was honored to accept the Certificate on behalf of the City He said financial reporting could not have been accomplished without the dedicated employees of the Finance Department and he asked them to stand and be acknowledged Mayor Abramowitz said on behalf of the City Council, he congratulated Mr Burroughs and his staff for achieving the award CONSENT AGENDA - ITEM 6 a through f Cif Clerk 6 a MOTION TO APPROVE renewal of a model sales permit and waiver _oT the 300-foot distance requirement for issuance of certificates of occupancy for ON THE GREENS - JASMINE for a six-month period from 2/12/90 to 8/12/90 SYNOPSIS OF ACTION �APPROVED� Engineering/Utilities b MOTION TO ADOPT Temp Reso #5652 releasing a warranty bones in the —amount of �99,985 00 posted for public improvements at the HIDDEN HARBOUR project (tabled on 1/10/90 ) Pag e 3 1/24/90-pw SYNOPSIS OF ACTION RESOLUTION NO R-90-18 - PASSED APPROVED -- c 1 MOTION TO ADOPT Temp Reso #5667 releasing a performance `bond in the form of Passbook Account #700428 in the amount of $18,327 00 posted for public improvements at the TAMARAC PARK SHOPPING CENTER 2 MOTION TO ADOPT Temp, Reso #5666 accepting a bilt of —sale for tKie water d1stribution and sewage collection system improvements at the TAMARAC PARK SHOPPING CENTER SYNOPSIS OF ACTION APPRVE OD 1 ana 2 RESOLUTION NO R--90-19 - PASSED RESOLUTION NO R-90-20 - PASSED d MOTION TO APPROVE reimbursement in the amount of $41668 3U to Lawrence Crone, President, BEDDING BARN, for expenses incurred as a result of having to correct a faulty sewer lane (tabled on 8/23/89) SYNOPSIS OF ACTION APPROVED General Administrative e MOTION TO ADOPT Temp Reso #5668 expressing the City's concern that there is an inequitable distribution of grant funds relative to the amount of Federal tax dollars paid by Florida taxpayers to the Federal government SYNOPSIS OF ACTION APPROVED Community Develo-pment RESOLUTION NO R-90-21 - PASSED f MOTION TO APPROVE a cookie sale by the Broward County Girl Scout -Council from 1/26/90 through 2/10/90 and waiver of Chapter 12, Article X, of the code governing solicitors and canvassers SYNOPSIS OF ACTION APPROVED * C/M Hoffman MOVED to APPROVE the Consent Agenda, Item 6 a * through f , SECONDED by V/M Bender VOTE RESOLUTIONS City Council - C/M Rohr ALL VOTED AYE 7 MOTION TO ADOPT Temp Reso #5673 appointing an alternate member to the -VETERANS AFFAIRS COMMITTEE SYNOPSIS OF ACTION RESOLUTION NO R-90-22 - PASSED APPROVED the appointment of Harry May as an Alternate member for a term to expire June 20, 1990 * C/M Hoffman MOVED to APPOINT Harry May as an Alternate member * to the Veterans Affairs Committee, SECONDED by C/M Rohr VOTE ALL VOTED AYE 11 1 1 Page 4 1/24/90-pw 9 a MOTION TO ADOPT Temp Reso #5672 approving the S & N PLAT � � b MOTION TO ADOPT Temp Reso #5675 approving Development Oraer 265 and -associated documents for the S & N PLAT (to be located on the west side Road and Commercial Boulevard) of Nob Hill Road between McNab SYNOPSIS OF ACTION RESOLUTION NO R-90-23 - PASSED APPROVED a�anb RESOLUTION NO R-90-24 - PASSED * a V/M Bender MOVED to APPROVE Temp_ Reso #5672, SECONDED by * C/M Hoffman Interim City Attorney Ruf read Temp Reso #5672 by title Kelly Carpenter -Craft, Director of Community Development, said this was the first plat in the north half of Land Section 7 She said the property consisted of 11 9372 acres located on the west side of Nob Hill Road between McNab Road and Commercial Boulevard Mrs Carpenter -Craft said the plat provided for the first dedication of Hiatus Road in Land Section 7 She said the Land Use Plan designated the land as industrial and the parcel was properly zoned Light Industrial She said the plat was reviewed by the Tamarac Staff Review Committee and the comments were provided in the backup She said the Applicant complied with all of the comments and the application was consistent with and furthered the goals of the Broward County and City Land Use Plans She said the County made a concurrency review and found the plat adequately served She said the City's concurrency reviews would be implemented during the site plan process Mrs Carpenter -Craft said the Land Use and Zoning on the surrounding properties were North Industrial South Industrial East Residential West Industrial Mrs Carpenter -Craft said the Planning Commission recommended approval of the final plat at their December 21, 1989 meeting and staff recommended approval VOTE ALL VOTED AYE * b V/M Bender MOVED to APPROVE Temp Reso #5675, SECONDED by * C/M Hoffman Interim City Attorney Ruf read Temp Reso #5675 by title Kelly Carpenter -Craft, Director of Community Development, said the Development Review Status Sheet and related documents were provided in the City Council's backup VOTE ALL VOTED AYE 10 a _MO_TION TO ADOPT Temp Reso #5670 approving the NCB HULL WESTWOOD PLAT (PebW Enterprises) Page 5 1/24/90-pw b MOTION TO ADOPT Temp Reso Developmen Order 229-1 and NOB HILL WESTWOOD PLAT (Pebb (to be located on the northeast Westwood Drive) #5676 approving revised associated documents for the Enterpr ises) corner of Nob Hill Road anc SYNOPSIS OF ACTION RESOLUTION NO R-90-25 - PASSED APPROVED a and b RESOLUTION NO R-90-26 - PASSED Mayor Abramowitz asked Kelly Carpenter -Craft, Director of Community Development, to explain to the audience what a plat was * a V/M Bender MOVED to APPROVE Temp Reso #5670, SECONDED by * C/M Hoffman "r- Interim City Attorney Ruf read Temp Reso #5670 by title Mrs Carpenter -Craft said there were several levels of approval required in the County because it was a Chartered County She said the Broward County Land Use - Plan allowed the County to have Countywide platting authority and approved plats after the municipalities approved them She said this was done because the County instituted their regional trafficways system by this information Mrs Carpenter -Craft said a plat was a legal description of the boundaries of a piece of land and was accompanied by a map which described the legal boundaries She said the information was filed in the public records of the County so the landowner could proceed with the next step in development Mrs Carpenter -Craft said a site plan usually followed the plat and Mayor Abramowitz said the intent for the land was not known until a site plan was provided Mrs Carpenter -Craft said when a plat was submitted, a developer could file a site plan at the same time, however, a developer may not know what would be placed on the property, thereforet a plat was requested to establish what the traffic impact fees may be or to gpt the property ready to sell to someone else VOTE ALL VOTED AYE b V/M Bender MOVED to APPROVE Teme Reso #5676, SECONDED by C/M Hoffman Interim City Attorney Ruf read Temp Reso #5676 by title Kelly Carpenter --Craft, Director of Community Development, said this request was to approve Development Order 229-1 for the Nob Hill Westwood Plat submitted by Pebb Enterprises She said the plat was final for lands comprising 7 74 acres located on the northeast corner of Nob Hill Road and Westwood Drive She said the Tamarac Land Use Plan designated the lands as commercial and the property was zoned B-1 She said the Plat was reviewed by the Tamarac Staff Review Committee and the comments were attached as well as complied with by the Applicant She said the surrounding Land Use and Zoning were as follows 1 1 1 Page 6 1/24/90-pw North Medium Density Residential South Low Density Residential East Commercial West Low Density Residential Mrs Carpenter -Craft said the Application complied with all Elements of the Tamarac Comprehensive Plan, was consistent w,th and furthered the goals of the Broward County Land Use Plan and all applicable services and facilities, including regional loads were adequate and can be provided as determined by the County She said the Planning Commission recommended approval of the final plat at their January 17, 1990 meeting and staff recommended approval Mrs Carpenter -Craft said the Development Review Staff Sheet and Developers Agreement were included in the City Council's backup information Mayor Abramowitz asked if the applicant faded a site plan and Mrs Carpenter -Craft said a site plan was filed and in progress She said the Planning Commission approved the site plan pending a parking waiver VOTE ALL VOTED AYE General Administrative 11 a MOTION_ TO ADOPT Temp Reso #5678 approving the Second Addendum —to the 9/9/$7 agreement with Construction Management Services, Inc , for additional professional construction management services for the Tamarac Public Services Administrative Complex b MOTION TO ADOPT Temp Reso #5677 approving Amendment No 2 to the 12r9/87 agreement with Scharf and Associations, Inc , for architectural services for the Tamarac Public Works and Public Utilities/Engineering Complex on Land Section 7 SYNOPSIS OF ACTION RESOLUTION NO R-90-27 - PASSED APPROVED a an8 b RESOLUTION NO R-90-28 - PASSED * a) V/M Bender MOVED to APPROVE Tema Reso #5678, SECONDED by * C/M Rohr Interim City Attorney Ruf read Temp Reso- #5678 by title City Manager Kelly said when the City attempted to sell the existing Public Works parcel, a Referendum authorized the City to spend up to 1 9 million dollars of the funds from the sale of the property for a facility to be located on Land Section 7 City Manager Kelly said the funds were in place, however, the City Council was concerned because the sale of the existing Public Works Complex was predicated on some conditions such as the City vacating the property He said there was an agreement providing that the environmental conditions after the City vacated be tested by the Environmental Protection Agency (EPA) and Broward County's Environmental Quality Control Board to determine if the property was environmentally safe City Manager Kelly said this complicated the use of the funds because the City was hesitant to proceed with a facility on Land Section 7 until it was confirmed that the existing Public Works property was safe He said the Page 7 1/24/90-pw City wanted to have the Public Works Department vacated from the property as soon as possible and provide a facility for them on Land Section 7 He said the City Council expressed their concerns about the original proposed facility because, since the Broward Sheriff's Office merger, the need for space for the Fleet Maintenance Department could be reduced City Manager Kelly said the City Council suggested that the facility be reduced, which was done and reviewed by the City Council during recent Workshop and Special meetings He said the City Council authorized the recent) proposed scaled down facility at a cost of 2 4 million dollars, which was a cost savings of 1 million dollars over the original proposal City Manager Kelly said during the recent Special City Council meeting concerning this project there was concern regarding a Referendum being needed to utilize the funds for the project He said this matter was investigated and staff was very comfortable with the proposed facility He said approximately 30 million dollars in bonds was authorized to the City and the covenants for these bonds provided for other construction projects He said only two projects were not completed as listed in the bond covenants, which were the Section 7 Force Main at $178, 000 00, which could be paid with CIAC funds Fe said the other building would be a TUW Administration Maintenance Building at an estimated cost of $664, 230 CO He said there was approximately $785,000 00 from the construction funds monies for the project and the interest was $89,509 00, at a total of $874,509 00 City Mana)Lr Kelly said the Public Works Facility could be built with 1 9 million dollars and the total amount needed was 2 4 million dollars He said there was more than enough funding available to cover the two projects and he recommended approval of the projects City Manager Kelly said Item 11 a , would be an additional $15,000 00 through the pre -construction process with Construction Management Services, Inc , because the document and approval process had to take place He said he felt this was a good contract for the City and he recommended approval C/M Hoffman asked if the City Attorney's Office reviewed the agreement and Interim City Attorney Ruf said he was familiar with the projects He said he was surprised in reviewing the 1986 Bond Issue, which included the construction of the Utility Administrative Building, whereby he was Interim City Attorney Interim City Attorney Ruf said he has been involved with the Utility Department during the 201 Force Main He said the City should be proud to see the spray irrigation program in process, since the City was to be a pioneer in the program Interim City Attorney Ruf said he reviewed the Bond Issues from 1984 and 1986 and the ballot questions He said his firm was involved in the sale of the City property, therefore, he was familiar with the discussions, negotiations and strategies planned by the City over the last several years He said he was extremely comfortable with the proposal being legal, appropriate and defensible in all manners 1 1 1-1 Page 8 1/24/90-pw 1 1 1 Mayor Abramowitz said during the City Council meetings on this matter, there were concerns with the facility being adequate and serving the City appropriately He said he was assured by the Directors of Public Works/Recreation and Utilities/Engineering Departments and the City Manager that the proposed facility would provide for the City and Departments He said the building was not fancy but it would be appropriate C/M Rohr said he was pleased to part of the City Council and proud of the Administration who worked on this project as well as other projects to see the projects coming in under budget and on time VOTE ALL VOTED AYE * b V/M Bender MOVED to APPROVE Temp Reso #5677, SECONDED by * C/M Hoffman Interim City Attorney Ruf read Temp_ Reso #5677 by title City Manager Kelly said this Item pertained to the architectural services on the project He said there would be an additional amount of money for the redesign, however, the fees would be lower than usual and he recommended approval of this Item TAPE 2 Mayor Abramowitz said the City was under a contractual obligation to sell land that they did not use on Land Section 7 back to the developer at the cost the City paid for it, which was $20,400 00 per acre He said the current value of the land was $200,000 00 per acre and, through negotiations, the City received an agreement that the City had the right to sell the balance of the acreage providing the developer was granted the right of first approval He said there were approximately 7 acres, which would be approximately 1 4 million dollars He said the Director of Community Development negotiated very hard on this matter and he was pleased with the outcome C/M Hoffman asked if the City had to go to bid on this matter and City Manager Kelly said the architect being used came from the Competitive Negotiations Act He said the selection and negotiations of architectural firms was done according to the requirements He said the City Council was acting on an amendment to the existing contract with the architect C/M Hoffman asked if the City Attorney agreed with City Manager Kelly and Interim City Attorney Ruf replied, yes VOTE - ALL VOTED AYE At this time, Mayor Abramowitz asked Mike Couzzo, Director of Public Works/Parks and Recreation, to come to the podium in the front of the Chambers Mayor Abramowitz said he recently received a letter addressed to Mr Couzzo and he read it into the record as follows "Dear Mr Couzzo, It is with a great pleasure that I inform you of your selection as a training site through our winning Page 9 1/24/90-pw recreation alternative program (W R A P) to alcohol and other drug use grant programs I have enclosed a Letter of Commitment for your signature, please return it to me Upon receipt of your Letter of Commitment, I will be in contact with Ann Sorrenson to arrange for your training Congratulations I will look forward to working with you and your staff and thank you for your interest in our program Sincerely, Rosemary Prance Prevention Resource Specialist" Mayor Abramowitz said the City Council was very proud of the Parks and Recreation Department and the hard work they do for the City He congratulated Mr Couzzo and his staff on this matter and he thanked them for doing such a great job REPORTS 17 CITY MANAGER REPORT City Manager Kelly said Dana McDermott, Assistant to the City Manager, was a participant with the youth activities of Leadership Broward He said Mrs McDermott recently participated with several of the youths on a Police patrol for District 2, which is a more difficult area in Broward County He said the following day, the group participated in the shoot for survival program, which consisted of pop up items that the group would have to shoot at City Manager Kelly said during the budget process, drainage projects were a big consideration for capital improvements He said the City did not fund any of the projects and the priority funding was budgeted for projects in the annexed area He said the representatives from the Village of Woodland Lakes came to the City several timers during the Council meetings and asked the City for assistance He said the representatives understood that the City inherited the problem from Broward County and the City was working with Broward County to assist with those projects City Manager Kelly said the City exhausted all possible remedies for assistance and, at one time, the County anticipated having their Public Works Department correct the problems He said because this matter was an on -going problem, he had the City's Director of Utilities/Engineering Department review the matter He said the City met with representatives of the area and he directed the Utilities/Engineering Department to submit plans for the system He said the City felt that the County did not act properly on this matter and the project would be costly He said as soon as the cost of the project was known, he would consult the City Council and the funding would be reviewed He said the information would be submitted next week to the City Council Mayor Abramowitz said he lobbied each County Commissioner regarding this matter and the problem on Nob Hall Road Page 10 1/24/90-pw was another concern He said the City has been negotiating with the County for approximately 7 months however, the County said they could not do anything because funding was not available At 9 57 A M , Mayor Abramowitz RECESSED this meeting and RECONVENED at 10 05 A M , with ALL PRESENT PUBLIC HEARING - 10 00 A M Communit'y Development 12 PUBLIC HEARING - MOTION TO ADOPT Temp Reso #5674 concerning a request by JEFFREY L BERKOWITZ, TRUSTEE, for special exception to permit a gasoline service station on the northeast corner of Commercial Boulevard and NW 88 Avenue, which lands are zoned B-2 (Planned Business) Petition #40-Z--89 SYNOPSIS OF ACTION Public Hearing was held APPROVED RESOLUTION NO R-90-29 - PASSED Interim City Attorney Ruf read Temp Reso #5674 by title * C/M Rohr MOVED to APPROVE Temp Reso #5674, SECONDED by * V/M Bender Kelly Carpenter -Craft, Director of Community Development, said graphics on this Item were not available for the audience and Mayor Abramowitz asked that the Petitioner be asked to submit the graphics for the public Mrs Carpenter -Craft said the City Council did have the graphics in their packets Mrs Carpenter -Craft said this application was for a special exception for a gasoline station located on a portion of Lots 14 and 15, Block 8, at the northeast corner of Commercial Boulevard and NW 88 Avenue She said the Petitioner was requesting to add the use of all of Lot 15, Block 8, which was 200 feet by 300 feet and consisted of 1 37 acres She said the Petitioner was originally using the south half of the parcel shown in yellow in the packets, which extended further to the east Mrs Carpenter -Craft said the Petitioner was to change the plans to delete a strip on the east side and adding land further to the north, which changed the size from exactly 1 acre to 1 37 acres She said the purpose of this change was because the Petitioner wanted to add a carwash and convenience store which would not fit on the original 1 acre site She said staff felt this was an improvement because it made the gas station further away from the Zone 3 Wellfield She said the isoline of the wellfield was located to the east of the property, therefore, the proposed use would be further away from the isoline Mrs Carpenter -Craft said the lands were zoned B-2 (Planned Business) and designated Commercial on the Tamarac Land Use Plan She said the Zoning Code allowed gas stations as a special exception in the B-2 zones She said the proposed site was not located within a wellfield protection zone although, it was adjacent to a Zone 3 Page 11 1/24/90Y-pw Mrs Carpenter -Craft said the City's Code did not contain criteria for the approval of the special use for a gas station She said a site plan was filed for a service station utilizing all of the site She said the surrounding uses were North Commercial South East Commercial (Lauderhill) Commercial West Commercial Mrs Carpenter -Craft said the property was where the existing Public Works Department was located, which was sold to the Petitioner She said the Planning Commiss_on recommended approval at their January 3, 1990 meeting Mayor Abramowitz opened the Public Hearing Anthony Grimaldi, Resident, said there have been additional requests made by the Petitioner for a convenience store and carwash He said he objected to a gasoline station on the property because there were two gasoline stations existing on the opposite corners He said there was a wellfiOld located on the property and the Petitioner put pressure on several people about usLng the property for the gasoline station He said it seemed that everyone bowed to the Petitioner's pressure and he felt that the City should be more concerned about the interest and needs of the residents Mr Grimaldi asked the City Council to deny the request because it would make the corner look commercial Irving Katz, Resident, asked if the City received an environmental report on the property's condition and City' Manager Kelly said the property was cited regularly and monitored by the Environmental Quality Control Board He said the preliminary report indicated that there may be a contaminant in one are, which was investigated by the City and corrected He said the proper containment devices were installed and the area was clean City Manager Kelly said staff and the consulting engineers were confident that the property was safe and uncontaminated He said the property would be tested by the Environmental Quality Control Board and the final documents would be executed a few months after the City vacated the property Mr Katz said the money from the sale of the property Has anticipated for the project on Land Section 7 He said the use of the funds would be official providing the property was clean and safe when the City vacated it He said the City would be allowing a service station on the property and he asked if the rules and restrictions for the property would be transferred to the new owner City Manager Kelly said the minimum criteria and more would be transferred to the new owner Mayor Abramowitz asked Mrs Carpenter -Craft to explain what regulatory agencies had to approve the use before building could begin Mr Katz said this was why he asked if the City's criteria would be transferred to the new owner before the Title was transferred Page 12 1/24/90-pw VOTE Mrs Carpenter -Craft said the matter was conditioned on the Broward County Environmental Quality Control Board retaining jurisdiction, which they did Mayor Abramowitz said one of the hardest permits to obtain was the one from the Environmental Quality Control Board He said the use had to be approved by all of the regulatory agencies Mr Katz asked how often the environment was tested and Mayor Abramowitz said before the City used the funds from the sale, the property would be tested He said he did not know how often the property was tested, but it was tested efficiently C/M Stelzer said the original special exception proposed pertained to Lots 14 and 15 He said the petitioner was increasing Lot 15 and he asked what would occur with the portion of 14 that was previously approved He asked if the special exception would remain with Lot 14 Mrs Carpenter -Craft said she felt that the special exception would remain with Lot 14, however, the petitioner submitted a site plan for only Lot 15 She said the remaining land on Lot 14 could not be built on, however, the petitioner could request the City to include it in the site plan but this has not been done She said the City Council could take action to void the other special exception because it was not the petitioner's intention to use the remaining land on Lot 14 Mayor Abramowitz said he agreed with C/M Stelzer's concern He asked Mrs Carpenter -Craft if there would be problems in voiding the special exception for Lot 14 C/M Hoffman suggested that the matter be investigated and Mayor Abramowitz asked Mrs Carpenter --Craft to report back to the City Council after investigating the matter ALL VOTED AYE 13 PUBLIC HEARING - MOTION TO ADOPT Te " Ord #1469 on second Yea117g to amend Chapter 20, Artic-ie III, Section 20-92(b) of the City Code by revising the width of bikeways from eight (8) feet wide to seven (7) feet wide SYNOPSIS OF ACTION_ ORDINANCE NO 0-90-1 - PASSED Pd-blI Hear1ng was held APPROVED on second reading Interim City Attorney Ruf read Tem1W Ord #1469 by title * V/M Bender MOVED to APPROVE Temp Ord #1469 on second reading, * SECONDED by C/M Hoffman Kelly Carpenter -Craft, Director of Community Development, said this amendment dealt with the bikeway corridor on the west side of University Drive She said the current Ordinance required bikeways to be 8 feet wide and the Federal DOT standard was 7 feet, which was the footage installed on University Drive She said in order for the City's Code to reflect what was actually in place, the Engineering Department requested that the Code be changed from 8 feet to 7 feet She recommended approval of this amendment Page 13 1/24/90-pw VOTE Mayor Abramowitz Opened and Closed the Public Hearing with no response ALL VOTED AYE 14 PUBLIC HEARING - MOTION TO ADOPT Temp Ord #1467 on second reading to provi1de for-tfie-adoption of the Comprehensive Plan for the City of Tamarac SYNOPSIS_ OF ACTION Public Hearing was held APPROVED on second reading ORDINANCE NO 0-90-2 - PASSED Interim City Attorney Ruf read Temp Ord #1467 by title * V/M Bender MOVED to APPROVE Temp Ord #1467 on second reading, * SECONDED by C/M Hoffman Kelly Carpenter -Craft, Director of Community Development, thanked the following people for assisting with the Comprehensive Plan creation City Manager Kelly City Attorney Doody Abbe Hoctor, Development Review Planner Bob Foy, Director of Utilities/Engineering Paul Swiech, Draftsman, Engineering Department Ken Burroughs, France Director Mike Couzzo, Director of Public Works/Parks and Recreation Joanne zambuto, Secretary, Community Development Department Robin Esposito, Word processor Rochelle Stryker, Data Processing Department Mrs Carpenter -Craft said these people contributed in making this document beater than the original document She said invitations were extended to the Florida Department of Community Affairs and South Florida Regional Planning Council to attend this hearing She said Richard Auburn, Senior Planner for the South Florida Regional Planning Council was present Mrs Carpenter -Craft said the document was prepared pursuant to Chapter 163 of the Florida Statutes, Local Comprehensive Planning, the Land Development Regulation Act and the Florida Administrative Code, Chapter 9J5 Regulations She said the Plan was a blueprint for the future growth and development of Tamarac and there was a 5 year plan on the horizon She said the Planning Commission recommended approval, the State issued its Order of Review and Comment and the required public hearings were held She said this hearing was the adoption hearing Mrs Carpenter -Craft said the Plan would be implementing the requirements in the State Law of time in the development of land and services to be provided at the time they were needed She said Tamarac has made sure that this requirement was already enacted, however, specific language had to be added to the Plan to address the State requirements She said there would be very little changes from the Land Use Plans of the City in the 1970's She said the only major change was Land Section 7 in 1986 and the Plan did not change that area Mrs Carpenter -Craft said the Plan would include the level of service standards for transportation facilities, 1 Ll C Page 14 1/24/90--pw parking, recreation, drainage, potable water, wastewater and solid waste She said all of these items had to be demonstrated to be in place at the time the development would need the facilities she said the Plan defined "in place" by several definitions Mrs Carpenter -Craft said the State law required that the Plan include a realistic, impleme ntable capital improvement program, to which the City would be legally committed She said the identification of needs was reflected in the Plan and the projects were funded Mrs Carpenter -Craft said during the process, there has been continuing objections from Florida Power & Light concerning the City's intent to ask the County to change their Plan to reflect 5 acres for utility use as opposed to the County's Plan reflection of 29 acres She said a response was prepared to Florida Power & Light's objection and the information was in the City Council's packet Mrs Carpenter -Craft said the City applied to Broward County on November 1, 1989 for an amendment to the County Land Use Plan to decrease the size of the substation site from 29 acres to the 5 acre site as reflected on the City's Plan for approximately 10 years She said there would be continuing objection to this request as the Plan went through the approval process of the State and there was a Representative from Florida Power & Light at this meeting Mrs Carpenter -Craft said the City Council would be considering Land Use Regulations at 5 05 P M today and on February 7, 1990, the backbone of the City's Land Development regulations would be heard She said the City's regulations were very good, however, the standards, consistency and concurrency portions were being added to the regulations She said there were consultants working on other changes for zoning, landscaping, etc She said the staff would be submitting enhanced landscape regulations such as, increased landscaping and Xeriscape requirements within this next year She said staff would be reviewing an organized pedestrian system and she would like to review a place or center for building around the complex Mrs Carpenter -Craft said she was concerned, as a Planner, that the process implemented was not the best planning process She said as a local Planner, she did not like the Plan because of the rules of the State and County She said this concerned her because the City was free to set the policies, however, the policies were selected by State mandates She said she felt that the power and policy making in Planning changed hands since 1985 from the local to State level Mrs Carpenter -Craft said the Plan would be transmitted as an adopted Plan to the Department of Community Affairs, who had 45 days to review the Plan and determine if it was in compliance with the regulations and order of Review and Comments She said after the Plan was reviewed and submitted back to the City, the City would request certification from the Broward County Planning Council She said if everything was proper, this process should occur in April, 1990, however, if more changes Page 15 1/24/90-pw were needed, an Administrative Hearing would be held and negotiations would take place with the Department of Community Affairs Mrs Carpenter -Craft said it was a challenge to get the Plan created however, she was pleased with the outcome but felt it could be better Mayor Abramowitz said mks Carpenter -Craft was very thorough and instructive in her presentation and he thanked her He said the City of Coconut Creek was found in non-compliance because they did not have beaches He said there were certain regulations that the State and County wanted met because of specific reasons He said he served on the Board of Directors for the Broward League of Cities and hei was Vice Chairman of the Legislative Committee He said the Broward League of Cities has consistently protested to the State concerning the way the Plans were being addressed Mayor Abramowitz said the Comprehensive Plan would be the Bible of the City and the contents of the Plan would have to be followed He said the City of Pembroke Park was recently fined $89,000 00 for not complying with their Plan He said there were several things that the Cities could not meet and it was being protested Mayor Abramowitz said the City Council was aware of what staff had to do to create this document He thanked the staff for doing such a good job Mayor Abramowitz Opened the Public Hearing ** EDITOR'S NOTE The following is a PARTIAL VERBATIM Robert Huebner My name is Robert Huebner I am an Attorney in Fort Lauderdale and I represent Florida Power & Light I will have some comments that I have been continuously making to this Council and to other Boards of the City, but to help, since I continue to say the same thing, I am going to hand out a letter (At this time, Attorney Huebner submitted a letter to each of the Councilmembers ) Attorney Huebner Before I start my letter, Mayor, let me say that even though I have been on an opposite side - of an issue in this City on this particular matter, Kelly Carpenter -Craft and her staff has treated us with respect and dignity and I appreciate that even though we have a considered major difference I 3ust wanted to say that in public, she is, in my judgement, one of the finest Planners there is around Mayor Abramowitz Thank you Attorney Huebner Let me start my remarks by saying, how did we get here? Some time ago, Florida Power & Light came into the City and had discussions with the City about a substation in Land Parcel 7 Florida Power & Light was told, and for the audience, I want to describe where I am talking about, if I could The piece of property I will be talking about is north of Commercial, west of the Sawgrass, east of the conservation area and, to the south of the section line, this being Land Parcel 7 here, right across from where we are talking about Page 16 1 1 1/24/90-pw Attorney Huebner After discussion with the City it was clear to us that the City did not want a substation in Land Parcel 7 So, after urging and request of the City, we were told that we should move to the west side of the Sawgrass Expressway, which we did Not only that, the City requested that the Broward County Planning Council change the Land Use designation on that piece of property to the west that was owned by the Expressway Authority to utilities and that was done at the request of this City And, we went ahead and purchased from, under contract, from the Expressway Authority this property And, that brings us to today and I will revert to my letter We in reliance upon the action of the City did purchase that under contract to purchase that property At this time, Attorney Huebner read his letter into the record (SEE ATTACHMENT) TAPE 3 Attorney Huebner Thank you, Mr Mayor and the members of the Council Mayor Abramowitz Thank you Henry? C/M Rohr Mr Huebner, you discussed the fact that at some point the Tamarac the City of Tamarac was in agreement to have a utility situation on 5 acres At the time when that was placed on our Plan, Road Plan, there was no knowledge, no indication at that time of the idea of 500,000 watt lines up against or in the City's location So, I can understand that why the City might have done it at that time, created a certain 5 acre part for utilities and not felt any objection at that point But, when you change the game and you come along with what is an objectionable type of line, then things naturally facts change C/M Rohr Also, I was at the hearing of the Sawgrass Authority and I recall that there was tremendous turnout There was tremendous objection to the Authority for the sale of this additional land to Florida Power & Light So, you cannot use that I mean the City was objecting at that point to any change in the increase of acreage and larger substation So, the Florida Power & Light knew at that point, which I think was about a year ago you knew that we were objecting and we did not want this type of situation in Tamarac or up close to Tamarac And, to my mind, and I am not an electrician and do not know anything about these engineering electrical engineering but, from a lay point of view, it has been determined that the lines are going to go west now I mean that is pretty much accepted by Florida Power & Light and it does not make sense to me why the substation could not be built closer to the actual lines and then draw your lines from that west point Why do you have tc come back here, draw your lines into the Tamarac situation and vicinity and then, keep going out it is to me, it is a duplication of and more costly situation I say build your substation west where your lines are going to be put and then develop your transit lines from there Mayor Abramowitz Bob, you are, as usual, very professional in quoting every rule and regulation from County and State and so on But, there are some things that you and I have differed upon We have always acted Page 17 1/24/90-pw like gentlemen but I have got to put something in the record as long as your young lady is there pounding away at the typewriter Mayor Abramowitz I have followed you in every meeting that Florida Power & Light has held regarding this subject I, from the business viewpoint, from the City viewpoint, the Vice Mayor, from a health viewpoint The crowd that C/M Rohr spoke about before the Sawgrass Expressway, 400 people Let the record indicate that 2 paid personally, out of my pocket, for the buses to br_ng them there And you must admit, you never saw a better behaved group of 400 people in your life Not one boo, not one yell, not one chant Mayor Abramowitz I also want the record to indicate and, the record does indicate, Bob, that you stood up before the Expressway Authority and you said basically "Who would be crazy enough to pay you $280 or $200,000 00 more than the highest appraisal for that piece of land" I immediately sent a letter to the Governor and to the Public Service Commission because Florida Power & Light is a Quasi -Governmental Agency and, if anybody in this City spent $ 82 above what they should have, they would be hanging from the nearest tree Mayor Abramowitz And, the reply that I got from Public Service Commission that it was within the perimeters to pay $280,000 00 more than the highest appraisal They dumped three appraisal on that piece of property You and Florida Power & Light was well aware from the get -go, well aware You used the term "fair share" You were present when I had the battle royal with Senator McPhearson I was very stupid politically on my part but, he and I in Chuck Flannagan's when they had the meeting, I had a battle royal with the Senator At that time, every single elected official from West Palm Beach to Dade County stood in solid opposition to the 500,000 volt KV line Every one of them Mayor Abramowitz When the newspaper asked me if I dia not feel if it was like David fighting Goliath, I said, no, it was like a flea on the rump of bull elephant And, Florida Power & Light was smart, they took care of every single solitary City in Palm Beach, in Broward, in Dade County, they took everything away from every City, except except the City of Tamarac Mayor Abramowitz Now, you and I both know you are talking dollars That is all you are, is talking dollars When you had the public hearing out at Arrowhead and all my fellow Mayors and elected officials were there and I got up and I said, "I would not blame them if you would take away the substation from the City of Tamarac, I am going to stand up and say, great Florida Power & Light, I do not object to the line" Why are you punishing the City of Tamarac? We have our substations here You cannot tell me this substation is going to service Tamarac This substation is going to service every City in western Broward, in the western portion cf Palm Beach, in the western portion of Dade County How can you use the word, Bob, "fair share"? Does that mean for everybody else except the City of Tamarac? Mayor Abramowitz Florida Power & Light was well aware of the objections of the City Florida Power & Light was well aware of the detrimental affect that we felt it would have on our tax base Florida Power & Light was L� 1 Page 18 1/24/90-pw well aware of all these things I am not faulting you, you are their Attorney, you are a gentleman I know every time I walk into a meeting and you see me, you put your head in your hand and you say, "There is that short fat pest again" But, Bob, I have followed you around, the Vice Mayor has followed you around, we object to it, we do not want it It is not over until the fat lady sings, I said that to you And, the fact when you a half a dozen times, okay's use the word, "fair share", that is what prompted all of this vocal opposition Otherwise, I have heard what you said before, this is not a "fair share" This is not a "fair share" and, thank you Anyone? Attorney Huebner Mr Mayor? Mayor Abramowitz Yes Attorney Huebner If I could? In response, first of all, I was not at the meeting with you and Mr McPhearson at Chuck Flannagan's Office Mayor Abramowitz You had 27 experts from Florida Power & Light and, if you want to know about anything from the length of an anteater's tongue to anything in this world, Florida Power & Light has an expert Attorney Huebner All I can comment is you indicated that I was there Mayor Abramowitz I am sorry I thought you were there, Bob Okay Attorney Huebner There could have been 100 people there Mayor Abramowitz Thank you Attorney Huebner And, I was not there Also, in regards to Congress Councilman Mayor Abramowitz He is running for Congress next time, right now he is only a Councilman Attorney Huebner Excuse me The 5 acres which the City got I am talking about when the City changed the Land Use and put 29 acres, not the 5 You this City within the last year, year and a half , requested the Land Use Council in the County Commission, not the 5 acres, the whole 29 Mayor Abramowitz This never came never never to an elected official in this City C/M Rohr That might have been done by an unauthorized We are the only authorized Body that would have had to consider that It never came before I have been on the Council now for three years I have never seen a request to change it If it was done in-house, like someone unauthorized to do it, that is something else that I know nothing about But, I maintain that what you are attempting to do and, as the Mayor has eloquently explained, is to punish the City of Tamarac And, I realize that Florida Power & Light has invested what is it one and a half or one and three quarter million" Page 19 1/24/90-pw Mayor Abramowitz They do not own that property yet C/M Rohr No That is Mayor Abramowitz They do not own that property yet C/M Rohr They are not going gone to closing So, that thing is no burden on Florida Power & Light financially at this time They put a deposit on it or something Mayor Abramowitz Okay C/M Rohr Please Mayor Abramowitz Let him finish Let him finish C/M Rohr Go back to whoever you have to go back to The City is now 43,000 population and all your customers of Florida Power & Light and, I know that they are concerned with the public relations image of a giant utility and I think that when they stop and reconsider and, would reconsider, and as the Mayor said, we are now i the only City running from Palm Beach County down to Dade County that are being pushed and hurt and provoked by Florida Power & Light Reconsider, move it out west, you will have no opposition from anybody and we would be good friends and good customers Mayor Abramowitz Mrs Reynolds Did you want Madan Melanie -z-ynolds (Resident) Melanie Mayor Ab amowi tz Madam? Mrs Reynolds I beg your pardon? Mayor Abramowitz Did you have your hand up, Madam? Mrs Reynolds Not for what Bob is saying Mayor Abramowitz Did you want to talk on the subject, Madam? Mrs Reynolds Yes, I did Mayor Abramowitz Okay, please address I am sorry Are you finished Robert? Excuse me Attorney Huebner If you folks have no further comments to me, I will sit down with nothing than to say that Florida Power & Light was not attempting to punish or to any way harm this City And that is not the motivation The motivation is simply to provide the best possible service to the City of Tamarac and to Broward County Mayor Abramowitz Fine, give Coral Springs a break, Bob Give Coral Springs a break C/M Hoffman Mr Mayor You know I think, it serves no useful purpose for us to debate Mr Huebner I think we have to do what we feel is best for the City of Tamarac and the best interest of the people in Tamarac And, I am sure that he has to do what he thinks is in the best interest of Florida Power & Light And, I think we have said enough on the subject, let us listen to the public and let us finish with this matter today 1 7 1 Page 20 1/24/90-pw ** END OF PARTIAL VERBATIM Mrs Reynolds said she disagreed with minor things in the Comprehensive Plan and she was disappointed with the public hearings because she felt that they were not properly conducted She said the public did not have the chance to speak and the attendance was not many She said Page 57 indicated that the following housing projects in Tamarac used Broward County Finance Authority Bonds in order to meet the affordable housing objectives of the City She said the only one she could remember was Coral Creek, which was originally Mission Lakes She asked if this should be included in the Comprehensive Plan Mayor Abramowitz disagreed with Mrs Reynolds City Manager Kelly asked Mrs Reynolds to explain this matter again Mrs Reynolds said when the past affordable housing matter was addressed, there were objections against it, however, she did not feel that the public was aware about the four developments listed in the Plan Mrs Carpenter -Craft said Mrs Reynolds was referring to Page 3-6 and C/M Rohr asked Mrs Carpenter -Craft to answer Mrs Reynolds Mrs Carpenter -Craft said the Public Hearings were properly conducted and there were residents in the audience She said with the exception of Mr Huebner, the public, including Mrs Reynolds, chose not to speak She said this was hard for a Planner to accept when the public had the opportunity to speak on something of this magnitude and failed to do so She said the City could not causes this to occur and the opportunity for comment was clearly given Mrs Carpenter -Craft said there was comment in the Plan about four apartment complexes in Tamarac, Boardwalk, Lakeside, Palm Island Club and Tamarac Pointe, which used Broward County Finance Authority Bonds as part of their financing, if not all of their financing She said this information came from Valerie Sharke, Development Specialist with the Broward County Housing Finance Authority She said she contacted the State of Florida Housing Finance Authority and they could find no record that there was any State of Florida Housing Finance Authority projects in Tamarac She said if Coral Creek was supposed to be on the list, the people providing the information did not submit the information to the City She said she could go back to the source and question this matter Mrs Reynolds said Table H-4 indicated that there were buildings in Tamarac prior to not correct and she did not 1963 She said this was know where the information was derived from C/M Rohr asked Mrs Reynolds what she wanted accomplished and Mrs Reynolds said there were minor things that she did not understand C/M Rohr suggested that Mrs Reynolds visit the Community Development Department with her concerns or submit written concerns to the Department He said this would Page 21 1/24/90-pw allow Mrs Reynolds an appropriate answer He said he could not answer Mrs Reynolds qu-stions without more specific information Mrs Reynolds said she did not understand how the Plan could reflect that there was building in Tamarac in 1940 or 1960 Mayor Abramowitz suggested that Mrs Reynolds submit her concerns to the City Manager's Office so the information could be submitted to the proper Department Mayor Abramowitz Closed the Public Hearing with no further response C/M Hoffman said he did not know if the public realized what the Comprehensive Plan consisted of He said the Plan was a volume and he was amazed that it was completed in the time it was He said Mrs Carpenter -Craft came into the City approximately 1 year ago and found a partial Plan which was worthless He said Mrs Carpenter -Craft started from scratch and put together a Plan that he felt was magnificent He said he read the Plan and he recognized the effort and research that went into it He said the City owed Mrs Carpenter -Craft their appreciation and congratulations for a job well done He thanked Mrs Carpenter --Craft for her work VOTE ALL VOTED AYE OPEN PUBLIC FORUM 15 OPEN PUBLIC FORUM Melanie Reynolds, Resident, had concerns with the recent revised City Code stating it was inaccurate and had Ordinances that were purposely not codified She said the Code was confusing and there was no reference to the Ordinances She suggested that the City Council consider suing Municipal Code Corporation for doing the job they did Irving Katz, Resident, suggested the City Council and City Manager wait on doing the various projects in the City until after the vote on the proposed $ 01 Sales Tax occurred Mr Katz said if the proposed sales tax was approved, the City could use the funds for infrastructure, which would remedy drainage problems He said some of the things that had to be in place in Land Section 7 at time of development could be paid for by the sales tax He said it would behoove the City Council to pass a Resolution endorsing the proposed sales tax and a public relations program regarding the proposed sales tax should be implemented Mr Katz said C/M Stelzer compiled a survey regarding the number of residents who did not pay taxes and he felt that the City would benefit by endorsing the proposed sales tax Mayor Abramowitz said the City Council did adopt the Interlocal Agreement with Broward County concerning the proposed $ 01 Sales Tax He said the Interlocal Agreement stated in big letters that the adoption of the Agreement did not mean that the Cities were in favor of the proposed $ 01 Sales Tax however, the County provided Page 22 1/24/90-pw every City with this Agreement to either approve or deny He said if a City did not approve the Agreement, they would not receive their fair share of the revenue from the $ 01 Sales Tax if it was approved He said the City Council endorsed the Interlocal Agreement to get their share of the sales tax, however, the endorsement did not mean that the City approved of the sales tax Mr Katz said if the City Council did not approve of the proposed Sales Tax, they would not receive the funds and Mayor Abramowitz said the City Council approved the Interlocal Agreement, however, this did not mean that they approved the additional tax City Manager Kelly said there would be no construction work authorized by the City until after the vote on the ` proposed $ 01 Sales Tax REPORTS 16 CITY COUNCIL REPORTS C/M Stelzer reported that he received a call from a resi e�'nt n Kings Point concerning the Board of Directors meeting being held tomorrow (January 25, 1990) He said the Board would be discussing the payment of $3,000 00 for a radon survey He said he asked Mrs Carpenter -Craft to investigate this matter and he asked Mrs Carpenter -Craft to report on this matter. Mrs Carpenter -Craft said Dan Wood, Chief Building Official, and she provided information to C/M Stelzer regarding this matter She said the City did not have regulations concerning radon She said the regulatory actions taken to -date have been done by the State She said the State had a set of recommended guidelines for new construction concerning best management practices to avoid radon She said the guidelines were not requirements and there were no guidelines concerning the correction of radon in existing structures She said there were guidelines concerning the levels of radon gas in structures, which were considered non --threatening up to threatening however, these items were considered guidelines only Mrs Carpenter -Craft said the City and the South Florida Building Code did not have regulations concerning radon She said if the City wanted to provide stronger regulations, they could proceed with amendments to the South Florida Building Code She said there were regulations which require disclosure concerning radon when property is sold Mayor Abramowitz asked if Mrs Carpenter -Craft had a recommendation to the City Council and Mrs Carpenter -Craft said she was only providing information to the City Council She said the proper regulatory agency was the State and, if the City wanted to make changes, recommendations could be submitted to the South Florida Building Code C/M Stelzer thanked Mrs Carpenter -Craft for her report C/M Hoffman - No report V/M Bender said the Social Service Director informed him that the program was in critical need of automobile drivers to assist in taking residents to shopping and Page 23 1/24/90-pw medical appointments He asked that the people interested in assisting the program contact Helen Sobel, Director of Social Services in the City Mayor Abramowitz said this matter would also be presented to the Presidents Council 18 CITY ATTORNEY REPORT Interim City Attorney Ruf said he was pleased to be working with —the City again as the interim City Attorney He said he has been with the City for several years and found that the meetings have become more and more abbreviated He said he could remember the meetings lasting two days Mayor Abramowitz announced that Item 19, would be heard at 5 05PM With no further business, Mayor Abramowitz RECESSED this meeting at 1110AM PUBLIC HEARING - 5 05 P M Mayor Abramowitz RECONVENED the meeting at 5 05 P M with ALL PRESENT Community Development 19 PUBLIC HEARING - MOTION TO ADOPT Temp Ord #1471 on first reading relating to lance development by providing a list of chapters which together shall comprise the City'sl Land Development Code and providing for standards and procedures SYNOPSIS OF ACTION Publio Hearing was held APPROVED on first reading Kelly Carpenter -Craft, Director of Community Development, read Temp Ord #1471 by title * V/M Bender MOVED to APPROVE Temp Ord #1471 on first rbadi rag, * SECONDED by C/M Hoffman — Mrs Carpenter -Craft said this request was the first stomp in implementing the Comprehensive Plan adopted by the City Council earlier in the meeting She said the regulations were required by State Statute 163, the Local Government Comprehensive and Land Development Act and were further required by Broward County through its Land Use Regulation powers under the Broward County Charter Mrs Carpenter -Craft said the City was implementing language that would provide the public with a Land Development Code listing all the land development regulations in one place She said this Ordinance would be incorporating Chapters 5, 8, 10, 11, 18, 20, 21 and 24 into the Land Development Code She said the City was not proposing to recodify the Ordinance at this time bu- to pull the mentioned Chapters and add the cover to it Mrs Carpenter -Craft said she asked the consultant assisting the City on this project to attend the City Council meeting on February 7, 1990 She said the Page 24 1/24/90-pw Ordinance also set forth a concurrency management system which addressed itself to the issuance of development permits in conformance with the Tamarac Land Use Plan She said all facilities would have to be in place at the time development needed it or the City could not issue a development permit She said the Ordinance was specific as to which public facilities and services were included under the determination such as, traffic circulation, local streets, fire and police protection, school sites, water, potable water, sanitary sewer, solid waste, public recreation and drainage Mrs Carpenter -Craft said the City would have to determine under the concurrency management system that the services were available when a development needed it She said the Ordinance spelled out how this was measured Mrs Carpenter -Craft said the Ordinance set out a consistency determination and the Planner and City Manager have to find that each application for a development permit was consistent with all elements of the Comprehensive Plan She said the recent presentations on developments stated that the applicant was consistent with the City and County Land Use Plans Mrs Carpenter -Craft said the Ordinance would require a check off list for each Department indicating that the development was consistent with each element of the Comprehensive Plan She said the Ordinance indicated that a monitoring system would be used by the City and the City Planner would be responsible for monitoring the reports generated by the Building Department She said this would not change roles inside the City, however, the State law indicated that a person had to be assigned to monitor all of the requirements She said the Building Department presently submitted a monthly report on building permits, etc She said in the future, the City Planner would be responsible for monitoring the development reports to insure that the developments were consistent with the Tamarac Comprehensive Plan Mrs Carpenter -Craft said the Ordinance provided that the City may establish a Concurrency Review Fee as part of the fee schedule She said all of the activities in the Ordinance may require an increase in the existing fees or add a new fee for the services She said the cost was not calculated yet, however, it would be submitted to the City Council for review when available Mrs Carpenter -Craft said the Ordinance addressed vested rights A'iid set out how the City determined who was and was nod i*- steel under the Ordinance She said the Ordinaribe--provided all the level of service standards which jormained the same language in the Comprehensive Plan She said the Ordinance provided a set of definitions which may be in conflict with some of the definitions in the City Code, however, the definitions were needed She said the conflicts would be corrected in the near future She said the Attorney advised that the Ordinance indicated that the definitions pertain to the Ordinance Mrs Carpenter -Craft said if it was possible, she suggested that the second hearing for this Ordinance be held at 5 05 P M on February 7, 1990 She said based on Page 25 1/24/90-pw public response to the document, the City Council may want to consider holding a Workshop meeting on the Ordinance Mayor Abramowitz said he would like to discuss some of the things in the Ordinance such as Page 5, concerning the public recreation standards for facilities He said he would like the City Council to call a Workshop meeting on this matter so it could be discussed more thoroughly C/M Hoffman asked why the second reading should be held at 5 05 P M as opposed to a regular evening meeting and Mrs Carpenter -Craft said the Item could be heard at a regular evening City Council meeting She said the regulations were supposed to be in place on December 1, 1989, however, this was not done She said staff was trying to expedite this matter so the proper documents could be submitted to the State C/M Hoffman said if the submission date was late by one week, it could be late by two weeks and Mrs Carpenter -Craft said this was the City Council's decision Carol Evans, City Clerk, said State Statute 166 041 stated that the second public hearing shall be approximately two weeks after the first public hearing After further discussion, the City Council agreed not to hold the second reading on February 7, 1990 at 5 05 P M * C/M Hoffman MOVED to APPROVE the second public hearing * for Tem2 Ord #1471 on February 14, 1990, at 7 30 P M , * SECONDED by V/M"Ben-der VOTE ALL VOTED AYE ** The following Vote was on V/M Bender's Motion to Approve VOTE With no further business, meeting at 5 20 P M CAR L A EVANS CITY CLERK vJ ALL VOTED AYE Mayor Abramowitz ADJOURNED this I d N"ANABR ZOWITZ, MAYOR i "This public document was promulgated at a cost of $201 85 or $20119 per copy to inform the general public, public officers and employees of recent opinions and considerations of the City Council of the City of Tamarac CITY OF TAMARAC APP ED AT MEETING OF City Clerk 1 1 fJ Page 26 K11 Attachment 1 - Page 1 of 3 - Item 14 of City Council Meeting on 1/24/90 1� RQSERT E HUEBNER P A OF co SE KATMER NE J LANGLEY P A JUDT A BARRINGER P A ANDREW S MAURODIS LAW OFFICES RoBERT E HUESNER PROFESSIONAL ASSOCIATION 321 SOUTHEAST 15 AVENUE FORT LAUDERDALE FLORIDA 33301 Mayor Norman Abramowitz and City Council City of Tamarac 7525 N W 88th Avenue Tamarac, Florida 33321 TELEPHONE (305) 467 2000 TELECOPIER (305) 467 2306 January 24, 1990 Dear Mayor and City Council MAILING ADDRKSS 1 POST OFFICE SOX 2427 FORT LAUDERDALE FLORIDA 33303 As you know, I represent Florida Power and Light, the owner of a parcel of property within the City of Tamarac and the purchaser of an additional parcel of property lying west of the Sawgrass Expressway directly adjacent to the conservation area (see Exhibit A, which generally depicts the location of the entire parcel) As you also know, Florida Power and Light does carry on business in the City of Tamarac The proposed Comprehensive Plan, in particular the future land use element, is inconsistent with the state plan, the regional plan, and Broward County Land Use Plan Chapter 163 3171 ( 2 ) states that, "In the case of gha:rtere4 Counties, the county _ may exercise such authority over municipalities or districts within its boundaries as is provXoe4 for in the charter" Section 9J-5 002(2)(d) further supports this County authority Pursuant to Section D of the Broward County Land Use Plan and Section 804 of the Broward County Charter, the county has chosen to exercise authority over land use Each local government entity is required to adopt a land use element which is consistent with the Broward County Land Use Plan The Plan further states that the arrangement of land uses on the local land use map should bear a geasonalpX% ,relationship tQ the arrangement of land uses on the future Broward County Land Use Map and permitted uses should be within the parameters of permitted uses established by the Broward County Land Use Plan The Broward County Land Use Plan classifies the subject property as utilities The proposed designation for the property owned by Florida Power and Light and under contract for purchase by Florida Power and Light, more particularly described in the exhibit attached hereto, fails to comply with the requirements of the Broward County ,H w v wx n.- X/ Z--�, u -n. ---A Attachment 1 - Page 2 of 3 - Item 14 of City Council Meeting on 1/24/90 Mayor Norman Abramowitz and City Council January 24, 1990 Page Two Land Use Plan It is also inconsistent with the South Florida Regional Planning Council Plan A plan is consistent if it is compatible with and furthers the goals of the plan The term "compatible with" means that the plan is not in conflict with the State Comprehensive Plan or the appropriate regional policy plan The term "further" has been defined as meaning to take action in the direction of realizing the goals or policies of the state or regional plan The present classification fails each of these tests and results in a plan that fails to meet the goals of Chalpter 163, Florida Statutes and Rule 9J-5 Based upon the fact that Broward County's Land Use Plan must prevail within the boundaries of the county, the present Tamarac Land Use Plan clearly is not in compliance with state law Additionally, it does not comply with the provision of the regional plan which calls for this area to be utilities and which requires that each region support their fair share of uses determined as "locally unwanted land uses" The plan also fails to provide for sufficient infrastructure to support its proposed development Moreover, with the large amount of recreational facilities im the City, the Recreation land use designation placed on part of the subject property does not further any required goal of your own plan Finally, the Tamarac classification deprives FPL of all reasonable use of the property For these reasons, we would respectfully request that the future land use element of the Tamarac Comprehensive Plan be changed to reflect that the area owned by the Broward County Expressway Authority and Florida Power and Light west of the Sawgrass Expressway, be given a land use designation of utilities as it presently is in the Broward County Land Use Plan REH/jms Enclosure cc City Manager City Attorney Director of Planning Department of Community Affairs 1 1 Att7ZIt 1 - Page 3 of 3 - Item 14 of City Council Meeting on 1/24/90 1 r Zrw� rwi �w •Awwr rr w w www �wr �rrw � w w rw��w w� wrr+ r • r ww�rr rr � r w ��rr� ENGINEERING DEPT City 'I' V"Vt1 LAZED Was TAMARAC ILDRIDA ffiIBIT A