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
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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
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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 )
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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
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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)
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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
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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
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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
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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
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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
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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
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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
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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
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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,
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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
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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
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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
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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
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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"
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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
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** 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
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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
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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
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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
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Att7ZIt 1 - Page 3 of 3 - Item 14 of City Council Meeting on 1/24/90
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