HomeMy WebLinkAbout1990-04-25 - City Commission Regular Meeting MinutesCITY OF TAMARAC
CITY COUNCIL REGULAR MEETING
WEDNESDAY, APRIL 25, 1990
CALL TO ORDER Mayor Abramowitz called this meeting to
order on Wednesday, April 25, 1990 at 9 00 A M in the
Council Chambers
MEDITATION AND PLEDGE OF ALLEGIANCE: Mayor Abramowitz
called for the Pledge of Allegiance followed by a Moment of
Silent Meditation
PRESENT Mayor Norman Abramowitz
Vice Mayor Bruce Hoffman
Councilman Henry Schumann
Councilman Dr H Larry Bender
Councilman Henry Rohr
ALSO PRESENT: John P Kelly, City Manager
Alan F Ruf, Interim City Attorney
Carol A Evans, City Clerk
Pauline Walaszek, Secretary
Community Development
9 MOTION TO ADOPT Temp_ Reso #5769 approving a revised
site plan_
for WOODMONT COUNTRY CLUB reflecting an
additional dining area and storage area at the Halfway
House and pool area
SYNOPSIS OF ACTION
TABLED for payment of fees
* V/M Hoffman MOVED to TABLE Temp Reso #5769 for payment
* of fees, SECONDED by C/M Bender
VOTE ALL VOTED AYE
13 PUBLIC HEARING - MOTION TO ADOPT Temp_ Ord #1472 on
first rea3ingrconcerning a request by SABAL PALMS
LTD , to rezone lands at the north east corner of
Commercial Boulevard and Rock Island Road from R-4A
(Planned Apartments) to B-1 (Neighborhood Business)
utilizing the 5% flexibility rule for commercial
development in a residential land use area not to
exceed 10 acres Petition #41-Z-89 (tabled on
2/28/90)
SYNOPSIS OF ACTION
TABLED at the request of
the Petitioner to the May 23,
1990 City Council meeting at
10 00 A M
* V/M Hoffman MOVED to TABLE Temp Ord_ #1472 at the
* request of the Petitioner until the City Council meeting
* on May 23, 1990 at 10 00 A M SECONDED by C/M Rohr
VOTE
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ALL VOTED AYE
14 PUBLIC HEARING - MOTION TO ADOPT Temp Ord #1485 on
first reading concerning a -request -by FLORYDA POWER &
LIGHT COMPANY/AL HERNANDEZ to rezone lands at the
extreme southwest corner of Land Section 7, west of
the Sawgrass Expressway and north of Commercial
Boulevard, from R-4A (Planned Apartments), R-3 (Low
Density Multiple Dwelling) and A-1 (Limited
Agricultural) to R-4A (Planned Apartments) Petition
#4-Z-90 (Tabled on 4/11/90)
SYNOPSIS OF ACTION
TABLED at the request of
the Petitioner to the May 9,
1990 City Council meeting at
7 30 P M
* V/M Hoffman MOVED to TABLE Temp Ord_ #1485 at the
* request of the Petitioner to the City Council meeting on
* May 9, 1990 at 7 30 P M , SECONDED by C/M Rohr
VOTE
INTRODUCTION
ALL VOTED AYE
1 PRESENTATION by City Manager Kelly of an award to IRENE
ADAMS for twenty-one years of dedicated service to the
City
SYNOPSIS OF ACTION
PRESENTATION was made
City Manager Kelly said he was very pleased to present
this award to Irene Adams for 21 years of service with the
City He wished her the best of times during her
retirement and he announced that today was also Ms Adams
65th Birthday
At this time Mayor Abramowitz escorted Ms Adams to the
Dais He said Ms Adams deserved to know what it felt
like to sit at the dais
2 PRESENTATION by City Manager Kelly of five-year servicei
awards to J6HN BRANDT, Building Department, and GREGORY
MISHLER Utilities West, SHIRLEY KRUGER Customer
Service, and a fifteen -year service award to CAROL
EVANS City Clerk
SYNOPSIS OF ACTION
PRESENTATIONS were made
John Brandt, Building
Department, was not
present and Angie
LoSasso accepted the
award for Shirely Kruger
City Manager Kelly presented five-year service awards
Gregory Mishler, Utilities West and Angie LaSasso accepted
the award for Shirley Kruger who was not present John
Brandt Building Department was not present
City Manager Kelly presented a fifteen -year service award
to Carol A Evans, City Clerk
3 PRESENTATION by Mayor Abramowitz of a proclamation
designating May 9, 1990 as "RICK SHAW DAY"
SYNOPSIS OF ACTION
v PRESENTATION was made
Mayor Abramowitz read the proclamation into the record and
presented it to Rick Shaw
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Rick Shaw said he was pleased to be associated with the
many people he has in the past 30 years He thanked the
City Council and Mayor for the proclamation
4 PRESENTATION by Mayor Abramowitz of a proclamation
designating the week of April 22-28, 1990, as "NATIONAL
CONSUMERS WEEK"
_SYNOPSIS OF ACTION
PRESENTATION was made
Mayor Abramowitz read the proclamation into the record and
presented it to Irving Lopatey, Chairman of the Consumer
Affairs Board
Mr Lopatey said on behalf of the members of the Consumer
Affairs Board he thanked the City Council and Mayor for
this recognition
5 a PRESENTATION by Mayor Abramowitz of Certificates
of Appreciation to the following members of the
Census Task Force
Larry Gutterman
Bernie Simms
Hank Markowitz
Sid Fradin
George Laitin
Stanley Monsky
Jo Wright
Bill Rothwell
b PRESENTATION by Mayor Abramowitz of Certificates
of Appreciation to the following census
volunteers
Shirlee Hoffman
Max Weitz
Al Levine
Lawrence Feinberg
Morton Winter
SYNOPSIS OF ACTION_
PRESENTATIONS were made
George Laitin, Stanley Monsky,
Jo Wright Bill Rothwell,
Max Weitz, Al Levine Lawrence
Feinberg were not present
Mayor Abramowitz said the Census Task Force members and
volunteers created a very special position for the City of
Tamarac and the surrounding Cities He said the
Government would be using the Agendas of the Tamarac
Census Task Force as a guideline for any future census
Mayor Abramowitz read a Certificate of Appreciation and
presented them to the members and volunteers of the Census
Task Force George Laitin, Stanley Monsky, Jo Wright,
Bill Rothwell, Max Weitz, Al Levine Lawrence Weinberg
were not present
CONSENT AGENDA - ITEM 6 a through 1
City Attorney
6 a MOTION TO APPROVE an Amended Disclosure Statement in
the Tamarac -Oxford bankruptcy settlement (SPRING
HOUSE)
SYNOPSIS OF ACTION
APPROVED
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City Clerk
b MOTION TO APPROVE the minutes of the following City
Council meetings
1 3/26/90 - Special Meeting
2 3/28/90 - Regular Meeting
3 4/06/90 - Special Meeting
SYNOPSIS OF ACTION_
APPROVED b 1 2 and 3
c MOTION TO APPROVE renewal of a model sales permit for
MISSION LAKES/CORAL CREEK in Unit 107 at 6900
Southgate Boulevard for a six-month period from
5/24/90 to 11/24/90
SYNOPSIS OF ACTION:
APPROVED
d MOTION TO APPROVE renewal of a model sales permit and
waiver of the Y00-foot distance requirement for
issuance of certificates of occupancy for WOODMONT
TRACT 72-A (WALDEN POND) for a six-month period from
6/11/90 to 12/11/90
SYNOPSIS OF -ACTION
APPROVED nW
Community Development
e MOTION TO APPROVE a model sales permit and waiver of
the 300-foot distance requirement for issuance of
certificates of occupancy for LAKE COLONY (BROOKWOOD
GARDENS) for a six-month period from 4/25/90 to
10/25/90
SYNOPSIS OF ACTION
APPROVED - __
f MOTION TO ADOPT Temp Reso #5767 rescinding
Resolution R-90-87 and releasing a cash performance
bond in the amount of $1 554 00 posted for landscaping
by STARR CENTER
SYNOPSIS OF ACTION RESOLUTION R-90-109 - PASSED
APPROVED
g MOTION TO ADOPT Temp Reso #5781 authorizing Property
System, Inc -PSI) and King Promotions to sponsor a
Health, Beauty and Fitness Fair at MIDWAY PLAZA on
Saturday May 12, 1990
SYNOPSIS OF ACTION RESOLUTION R-90-110 - PASSED
�APPROVED�v _
Engineering/Utilities
h 1 MOTION TO ADOPT Temp Reso #5774 accepting a
Partial Subordination of Encumbrance to Property
Rights offered by the Federal Deposit Insurance
Corporation for certain water and sewer easements
for THE LANDINGS ON CYPRESS GREENS project
2 MOTION TO ADOPT Temp Reso #5775 accepting a
Water' -and Sewer Utility Easement offered by The
Landings on Cypress Greens and Fairmont
Development Corporation for THE LANDINGS ON
CYPRESS GREENS project
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3 MOTION TO ADOPT Temp Reso #5776 accepting a
Water and Sewer Utility Easement offered by The
Landings on Cypress Greens Homeowners Association,
Inc for THE LANDINGS ON CYPRESS GREENS project
4 MOTION TO ADOPT Temp Reso #5777 accepting a bill
of sale for the water distilbCtion and sewage
collection system improvements offered by The
Landings on Cypress Greens and Fairmont
Development Corporation for THE LANDINGS ON
CYPRESS GREENS project
SYNOPSIS _OF ACTION RESOLUTION R-90-111 - PASSED
A PPROVED h 1 , 2 , 3 RESOLUTION R-90-112 - PASSED
and 4 RESOLUTION R-90-113 - PASSED
RESOLUTION R-90-114 -- PASSED
i MOTION TO ADOPT Temp Reso #5768 releasing
Performance Bond-452-11151 in the amount of $3,500 00
posted for the PICCADILLY CAFETERIA driveway entrance
subject to receipt of a one-year warranty bond in the
amount of $2 165 00
SYNOPSIS OF ACTION
APPROVED
RESOLUTION R-90-115 -- PASSED
MOTION TO APPROVE purchase of road reflectors and
anchoring adhesive in the amount of $7,852 00 under
state contract pursuant to Section 6-155 of the City
Code
SYNOPSIS OF ACTION
APPROVED_
k 1 MOTION TO ADOPT Temp Reso #5778 accepting a
Partial Subordination of Encumbrance to Property
Rights offered by Government National Mortgage
Association for a drainage easement and a Flo Thru
Easement for the FOREST WEST project on NW 64
Avenue (north portion)
2 MOTION TO ADOPT Temp Reso #5779 accepting a
Drainage Easement offered Fy Unicom Partnership
Ltd for the FOREST WEST project on NW 64 Avenue
(north portion)
3 MOTION TO ADOPT Tema Reso #57 80 accepting a Flo-
Thru Easement -offered by Unicom-Partnership Ltd
for the FOREST WEST project on NW 64 Avenue (north
portion)
SYNOPSIS OF ACTION
u� APPROVED k 1 , 2 and 3
Public Works Department
RESOLUTION R-90-116 - PASSED
RESOLUTION R-90--117 - PASSED
RESOLUTION R-90-118 - PASSED
1 MOTION TO ADOPT Temp Reso #5773 creating a Foreman
position -and eliminating a Crew Leader position within
the Public Works Department
SYNOPSIS _OF ACTION RESOLUTION R--90-119 - PASSED
APPROVED
* C/M Rohr MOVED to APPROVE Consent Agenda Item 6 a
* through 1 , SECONDED by V/M Hoffman
VOTE ALL VOTED AYE
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CONSIDERATIONS
Engineering/Utilities
7 TUW 90-02, Rock Island Road Force Main, and TUW
Project 90-03, Rock Island Road Water Main
a MOTION TO APPROVE a construction permit fee
estimated to cost $8 600 00 made payable to
Broward County Public Works Department,
Engineering Division, for Rock Island Road Force
Main and Water Line installation by TUW forces for
TUW Projects 90-02 and 90-03
b MOTION TO AUTHORIZE the Finance Department to
issue a check made payable to Broward County
Public Works Department, Engineering Division,
splitting the permit fee costs for TUW Projects
90-02 and 90-03 as follows
1) 18% to Force Main Account 425-367-535-6PN
2) 82% to Water Main Account 425-364-533-6NS
c MOTION TO AUTHORIZE the Risk Manager to issue a
letter of-redit to Broward County, Public Works,
not exceeding $25,000 00 against the City's self
insured account in lieu of the City formally
securing and posting a $25 000 00 performance and
payment bond, permitting TUW forces to perform
pipeline work along Rock Island Road in Broward
County Public Works right-of-way TUW Projects 90-
02, Rock Island Road Force Main and 90-03, Rock
Island Road Water Main
SYNOPSIS OF ACTION
APPROVED 7 a , b and c
* a C/M Rohr MOVED to APPROVE Item 7 a , SECONDED by C/M
* Bender
Bob Foy, Director of Utilities/Engineering said this was
a request to pay a permit fee to Broward County so the
City could proceed with the force main and water line
project on Rock Island Road
V/M Hoffman asked if the funds were available for this
project and Mr Foy replied yes
V/M Hoffman asked if the funds came out of the Utilities
Funds and Mr Foy replied, yes, the funds would be taken
from the Utilities Revenue Account
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V/M Hoffman asked if Mr Foy would address the City
Council next year concerning the need to increase the
water fees because of the expenses required for this
project and Mr Foy said the expenses would not be
increased next year because of this year's project
V/M Hoffman asked if the Bond Indenture would have any
affect next year and Mr Foy replied, no
VOTE
ALL VOTED AYE
* b V/M Hoffman MOVED to APPROVE Item 7 b , SECONDED by
* C/M Schumann
Mayor Abramowitz said this Item indicated that there would
be a split of cost based on the percentage the project
would need and Mr Foy agreed
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VOTE ALL VOTFD AYE_
* c V/M Hoffman MOVED to APPROVE Item 7 c , SECONDED by
* C/M Schumann
Mayor Abramowitz said he was very pleased with how this
matter was being done
C/M Bender asked how long the bond money would be held and
Mr Foy said there was no money being held; however, the
funds were an encumbrance in case the City failed on the
project
C/M Schumann asked if the funds had to be accounted for
when the City provided a Letter of Credit and Mr Foy said
the funds were available in the self-insurance program
VOTE ALL VOTED AYE
RESOLUTIONS
Community Development
8 a MOTION TO ADOPT Temp Reso #5784 amending the
PORTOBELLO PLAT restriction note to permit 31,000
S F of retail use and 7,000 S F of office use
b MOTION TO ADOPT Temp Reso #5771 amending
Paragraphs 5 ane6 of Stipulation #19 in Case No
72-11731-CZ with respect to prohibited uses and
landscaping for lands located at the southwest
corner of University Drive and NW 82 Street
c MOTION TO ADOPTTempa _Reso _#5770 approving a site
plan for WALGREENS WOODMONT SHOPPES (platted as
PORTOBELLO) at the southwest corner of University
Drive and NW 82 Street
SYNOPSIS OF ACTION
RESOLUTION R-90-120 -
PASSED
APPROVED 8 a, b and c
RESOLUTION R-90-121 -
PASSED
RESOLUTION R-90-122 -
PASSED
Interim City Attorney Ruf
read Temp Reso #5784
by
title
* a V/M Hoffman MOVED to APPROVE Temp Reso_ #5784 SECONDED
* by C/M Rohr
Kelly Carpenter, Director of Community Development, said
this was a plat amendment request by Build -To -Suit on the
Portobello Plat She said the plat consisted of 4 182
acres of land and the parcel was designated Commercial on
the Land Use Plan which was currently zoned B--2
Ms Carpenter said Chapter 21 of the Code provided
criteria for the review of plats and that criteria applied
to this plat She said the request was to amend Note l on
the face of the plat from, "This plat is restricted to
63,000 square feet of office", to "This plat is restricted
to 7,000 square feet of office use and 31,000 square feet
of retail use"
Ms Carpenter said when the plat was approved several
years ago, the applicant was proposing a large office
building; however, the applicant anticipated retail uses
and small offices She said the plat needed to be amended
to reflect this
Ms Carpenter said the application was in compliance with
all elements of the Comprehensive Plan and all applicable
services and facilities including, regional roads were
being provided She recommended approval of the request
VOTE
ALL VOTED AYE
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Interim City Attorney Ruf read Temp Reso #5771 by
title
* b V/M Hoffman MOVED to APPROVE Temp Reso #5771 SECONDED
* by C/M Bender
Ms Carpenter said the original Stipulation that ran with
the property prohibited a list of uses including athletic
clubs, banks, civic associations, convenient stores,
institutions funeral homes, lodge halls, reducing salons,
savings and loans and theaters She said the prohibited
uses were reduced to prohibit athletic clubs and gyms,
convenience stores, funeral homes and lodge halls because
of discussions the applicant had with the surrounding
residents
Ms Carpenter said Item #6 in the original Stipulation
provided for 42 inch high berms along University Drive and
NW 82 Street, which were in excess of the minimum
requirements of the Code She said the berms were
required as an attempt to provide extra landscaping for
the 5-story office building She said the applicant had
not provided 42 inch high berms, however, the site plan
would be introduced as Item 8 c on the Agenda
Ms Carpenter said the applicant provided three layers of
landscaping, ground cover, bushes, street trees and a 36-
inch high berm She said staff felt very strongly that
the applicant provided an excess of the Code requirements
and better met the intentions of the landscape
requirements of the 42 inch berm She recommended that
the Stipulation be changed to reflect this
Ms Carpenter said the Stipulation provided amendment by
Resolution of the City Council
Mayor Abramowitz said the applicant met with the Woodmont
Property Owners Association which represented the people
residing in the Woodmont area He said he received a call
from the President of the Association who informed him
that they were pleased about the plans
VOTE
Interim City Attorney Ruf read
title
* c V/M Hoffman MOVED to APPROVE
* by C/M Bender
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ALL VOTED -AYE
Temp Reso #5770 by
Temp Reso #5770 , SECONDED
Ms Carpenter said this was the final site plan submitted
by Build -To -Suit Partners She said the Plan proposed a
commercial retail and office plaza which included a
Walgreens She said the Land Use Plan designated the
lands as commercial and the parcel was zoned B-2 She
said the applicant paid future traffic impact fees of
$36,397 81 She said the site plan was reviewed by the
Tamarac Site Plan Review Committee and these comments were
attached in the City Council's packet She said the
applicant satisfied all of the comments
Ms Carpenter said the land use surrounding the parcel
was
North
Commercial
South
Residential
East
Commercial
West
Commercial/Recreation
Ms Carpenter said the application was in compliance with
all elements of the Comprehensive Plan and all applicable
services and facilities including regional roads were
being provided She said the Planning Commission
recommended approval of this request however, they had
comments, which were not incorporated into their Motion
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She said the Planning Commission wanted to stress the
presence of the 6 foot high wall along the Country Club
She said the Planning Commission felt that there should be
bushes and/or irrigation and painting committed to by the
applicant for the west side of the wall She said the
applicant was willing to work with the County Club in
keeping this maintained
Ms Carpenter recommended approval of the site plan which
was exhibited for the audience
Mayor Abramowitz said he understood that the Association
would like to see the wall covered by ivory He said he
understood the applicant agreed to do this
VOTE ALL VOTED AYE
Engineering/Utilities
10 MOTION TO _ADOPT Temp Reso #5772 awarding Bid #90-9
in the amount of $3,640 00 to Pump & Equipment Co
Inc , to furnish two (2) grinder pumps and all
appurtenances for TUW Pro3ect #90-5, Pump Station for
City Complex at Land Section 7
SYNOPSIS OF ACTION RESOLUTION R-r90-123 - PASSED
APPROVED
Interim City Attorney Ruf read Temp Reso #5772 by
title
* V/M Hoffman MOVED to APPROVE Temp Reso #5772 , SECONDED
* by C/M Bender
Bob Foy, Director of Utilities/Engineering, said this
request was for approval to purchase two grinder pumps to
complete the Land Section 7 lift station that would
service the Public Works Complex He said the low bidder
was selected and the funds would be from the CIAC funds
He recommended approval
VOTE
Finance De artment
ALL VOTED AYE
11 MOTION TO ADOPT Temp Reso #5782 authorizing the City
Manager and the Finance Director to execute certain
documents for purchase and issue of U S Treasury
securities as required by the Escrow Agreement with
First National Bank of Tampa pertaining to the 1985
Water and Sewer Utility Revenue and Refunding Bonds
SYNOPSIS OF ACTION_ RESOLUTION R--90-124 -- PASSED
APPROVED as amended
Interim City Attorney Ruf read Temp Reso _#57 82 by
title w
Ken Burroughs, Finance Director, said he did not know if
the Resolution should be changed and City Manager Kelly
said it was suggested that his name be added to this
Resolution
Mr Burroughs said in 1985, the City issued water and
sewer revenue bonds to refund a 1980 issue He said the
proceeds from the 1985 issue were turned over to First
Florida Bank by escrow agreement and treasury bills were
bought He said the 1980 principal and interest were paid
from the proceeds of the treasury bills on the maturity
dates up to the year 2010
Mr Burroughs said from time to time there was money left
in the account which had to be invested in interest
bearing Government Securities because of IRS regulations
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in the escrow agreement He said this was the first time
in three years that there was money to invest in the
amount of $9 300 00 He said a subscription for the
investments would be sent to the Federal Reserve Bank
Mr Burroughs said every once in a while this procedure
must be done immediately however, this was required for
May 10, 1990, which gave the City plenty of time to make
the transaction He said this request was for
authorization for someone to endorse the transfer of the
funds into the Federal Reserve Bank
Mayor Abramowitz said he favored the suggestion that the
City Manager be allowed to endorse the transfer along with,
the Finance Director
C/M Schumann asked if the funds would not be collecting
interest because of being in escrow and Mr Burroughs
replied yes and because it was a refunding issue in IRS
regulations
V/M Hoffman asked if the funds were surplus and Mr
Burroughs said the money would be in a temporary idle
account
V/M Hoffman asked if the funds became temporary idle money
and Mr Burroughs said he assumed that the registered
principal and interest of the securities did not claim thel
funds and wanted to invest the money until the next
principal and interest date
V/M Hoffman asked if the money would be claimed at a later
date and Mr Burroughs said the money would eventually be
claimed
V/M Hoffman asked if this was surplus money accumulated by
an overpayment and Mr Burroughs replied, no
* C/M Rohr MOVED to APPROVE that the City Manager and
�* Finance Director be authorized to endorse certain
* documents SECONDED by V/M Hoffman
VOTE ALL VOTED AYE
TAPE 2 w
I* V/M Hoffman MOVED to APPROVE Temp _Reso #5782 as
* amended SECONDED by C/M Rohr
VOTE ALL -VOTED AYE
Community Development
18 _MOTION TO ADOPT Temp- Ord #1487 on first reading to amend
Chapter 24 to create the Special Utility (SU) District
SYNOPSIS OF ACTION:
APPROVED on first reading
Second reading will be held at
7 30 P M on Wednesday May 9, 1990
Interim City Attorney Ruf read Temp Ord #1487 by title
* C/M Rohr MOVED to APPROVE Temp Reso #1487 , SECONDED by
* C/M Bender
Kelly Carpenter, Director of Community Development, said
the City Council recently held a Workshop on this Item
She said at the Workshop the City Council asked for a
change on Page 3, sixth line, which indicated, "Any
combination of hedges, berms and walls shall be at least 6
feet in height at the time of installation in the
commercial areas"
Ms Carpenter said it was her policy not to change
Ordinances at a Workshop meeting, therefore, she was
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informing the City Council about those changes at this
time
Mayor Abramowitz asked if Ms Carpenter was requesting a
change and Ms Carpenter replied yes, to reflect the City
Council discussion at their Workshop held on Thursday,
April 19, 1990 She said the minimum height of hedges,
berms and walls should be changed from 04 feet" to "5
feet"
V/M Hoffman said Page 4, indicated "in all other cases
utility and communications towers shall not exceed 130
feet in height" He said the City Council requested that
"in utility districts only" be added to that provision
He said the City Council did not want mistakes for the
future and it was agreed that the added provision would
cover all bases
V/M Hoffman said he would like "in a utility district",
added to the Ordinance He said he wanted to make sure
that the interpretation was not misunderstood
Ms Carpenter said where the electric utility was locating
legal lines based on its franchise agreement with the City
or based on the authority granted to the Public Service
Commission Department of Environment Regulations and
Chapter 403 of the Florida Statutes, it was possible that
the towers could exceed either one of the heights listed
in the Ordinance because the City was not regulating
corridors, private easements or the public rights -of -way
through which Florida Power & Light had the right to run
utility poles at this time She said the only thing being
regulated at this time was the utility site
V/M Hoffman said he wanted it to be clear that this was
what the Ordinance addressed
Mayor Abramowitz said he did not recall this occurring at
the meeting He said Ms Carpenter informed the City
Council that anything covered under the franchise or by
the Public Service Commission could not be controlled by
the City He said if V/M Hoffman dad not agree with the
Ordinance, he should vote against it
C/M Rohr said there would be no lines crossing the City
other than in the existing corridors and Ms Carpenter
said Florida Power & Light could do what they wanted in
their own corridors
Ms Carpenter said if the City added language only in
special utility distracts concerning the height of the
poles, there would be problems with the provisions of the
franchise agreement
C/M Rohr asked if Ms Carpenter was satisfied with the
language in the Ordinance and Ms Carpenter replied yes
C/M Bender asked if the Ordinance addressed the utility
district and Ms Carpenter replied, yes C/M Bender asked
if this would be applicable to the rest of the document
and Ms Carpenter replied yes
C/M Bender said the heading of the Ordinance indicated
what was interpreted in the Ordinance and Ms Carpenter
replied yes
V/M Hoffman asked how the language he wanted added to the
Ordinance would affect the franchise arrangement out of
the utility district
Ms Carpenter said she would defer this matter to Interim
City Attorney Ruf however, she wanted the City to be very
careful in their actions regarding the franchise
agreement
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Interim City Attorney Ruf said everyone understood that
this Ordinance only affected those areas that were zoned
as Special Utility (SU)
V/M Hoffman asked if the City would be in jeopardy by
adding his suggested provision in the Ordinance and
Interim City Attorney Ruf said he was not aware of whether
the provision would harm the Ordinance, however, it was
clear Subdivision 8 indicated that if the utility dlBtrirt
or any other utility district abutted a residential
community the towers would not exceed 80 feet or 130 feet
of any other property
Mayor Abramowitz said at this particular meeting, Florida
Power & Light agreed that the only lines from the proposed
substation would be in the corridors He said as a
result, he felt that the additional language was
redundant He said staff was indicating that the City had
no right to interfere with Florida Power & Light if they
were using the existing corridors He said it would not
be appropriate or a requirement to put the provision
stated by V/M Hoffman into the Ordinance
Mayor Abramowitz said the City won the victory by stopping
Florida Power & Light from putting lines in the City He
said Florida Power & Light would only be putting lines in
their existing corridors He said staff has informed the
City Council that they could not control the existing
corridors He said he understood V/M Hoffman's concerns
and he agreed with him; however, he did not know if it had
any bearing in this document
VOTE Mayor Abramowitz - Aye
�- V/M Hoffman - Nay
C/M Bender -- Aye
C/M Rohr - Aye
C/M Schumann - Aye
At 9:55 A M , Mayor Abramowitz RECESSED this meeting and
RECONVENED at 10 05 A M , WITH ALL PRESENT
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Community Development
12 PUBLIC HEARING - MOTION TO ADOPT TemR_ Reso _#5783
concerning a request by BUILD -TO -SUIT AGENTS, for a
limited parking waiver to allow twenty-one (21) zero
degree parking spaces for a proposed development to be
located at the southwest corner of Nw 82 Street and
University Drive (platted as PORTOBELLO) for the
proposed WALGREENS WOODMONT SHOPPES Petition #5-Z-90I
SYNOPSIS OF ACTION RESOLUTION R-90-125 -PASSED
APPROVED
Interim City Attorney Ruf read Temp Reso #5783 by title
V/M Hoffman MOVED to APPROVE Temp_ Reso _#5783 , SECONDED by
C/M Rohr
r
Kelly Carpenter, Director of Community Development, said this
request was submitted by Build -To -Suit Partners She said the
City Council recently approved the site plan and the request
was for 21 zero degree parking spaces on their property
Ms Carpenter said the parking spaces would be parallel She
said the applicant was not asking for a waiver or the parking
requirements to be less She said the applicant was at or
exceeded the minimums in the Code She said the Planning
Commission recommended approval at their April 18 1990
meeting and she recommended approval
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Mayor Abramowitz asked Ms Carpenter to inform the City
Council of the Planning Commission's actions on Items in the
future
Mayor Abramowitz opened and closed the Public Hearing with no
response
VOTE ALL VOTED AYE
ORDINANCES
Community Development
15 a MOTION TO ACCEPT Affidavits of Publication, Mailing
and Posting -for Temp Ord #1489 Petition #7-Z-90
b PUBLIC HEARING -MOTION TO ADOPT Temp Ord #1489 on
first reading concerning a request by MORTY_WOLF,
TRUSTEE, to rezone lands at the northeast corner of
McNab Road and NW 80 Avenue (Parcel A of WOODMONT
PLAZA) from B-6 (Business District) to B-1
(Neighborhood Business) Petition #7-Z-90
SYNOPSIS OF ACTION
PUBLIC HEARING was held
a ACCEPTED Affidavits
b APPROVED on first reading
Second reading will be held
at 7 30 P M on Wednesday,
May 9 1990
* a C/M Schumann MOVED to ACCEPT Affidavits for Temp Ord #1489 ,
* SECONDED by V/M Hoffman
VOTE ALL VOTED AYE
Interim City Attorney Ruf read Temp,_Ord #1489 by title
* b C/M Rohr MOVED to APPROVE Temp Ord #1489 on first reading
* SECONDED by C/M Schumann
Kelly Carpenter, Director of Community Development, said this
application was submitted by Morty Wolf and the property was
currently designated commercial on the Tamarac Land Use Map
She said the land was currently zoned B-6 (Business District)
Ms Carpenter said the property was known as Woodmont Plaza
and had an approved site plan She said currently Jack La
Lanne Health and Fitness Center was in the shopping center
She said the area was outlined in pink in the City Council's
packet She said the 1 65 acre site was developed as a
professional plaza and conformed to the B-6 setbacks of 25
foot street, 20 foot interior, 20 foot side and 20 foot rear
setbacks She said Section 24-328(b) provided for medium
setbacks which were more restrictive than the B-6
Ms Carpenter said the B-1 setbacks were more restrictive than
the B-6 setbacks She said street, yards and rear yards
adjacent to the residential area were 50 feet and the rezoning
would create a non -conforming parcel with respect to setbacks
Ms Carpenter said rezoning from B-6 to B-1 did not move the
building She said the building would remain as it was
currently developed in B-6 She said the B-1 setback would
require 50 feet as opposed to 20 feet She said additions to
the building would be precluded where the building would be
considered in the setbacks of the B-1 Code
Ms Carpenter said the surrounding land uses and zoning
districts were
North Low/Medium Residential
South Medium Residential
East Community Facility
West Commercial
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Ms Carpenter said B-1 zoning was in conformance with thelLand
Use Plan She said B--1 was a neighborhood district and staff
did not object to the proposed use being at this locationo
She said the Planning Commission approved this application at
their April 4, 1990 meeting subject to the Petitioner
furnishing a restrictive covenant prohibiting propane gas„
sales and lawn maintenance businesses She said the applicant
provided this restrictive covenant to the City
C/M Rohr asked if the City intended to eliminate all of the
B-6 zones in the City and Ms Carpenter replied, yes, the
category but not the office uses
V/M Hoffman asked why this rezoning was being requested since
there was nothing proposed for the property and Ms Carpenter
said the applicant visited her office approximately 10 weeks
ago requesting approval for a tanning salon She said staff
felt this was a legitimate use; however, this type of business
was not allowed in the B-6 zone She said the business was
allowed in the B-1, B-2 and B-3 districts She said based on
the City turning down their building application because of
the zoning problems therefore, the applicant submitted a
request to rezone the entire property to B-1
V/M Hoffman asked if the applicant could have come for a
waiver for that use and Ms Carpenter replied no because the
Florida Law did not provide for use waivers
Mayor Abramowitz asked if the tanning salon would be the game
as in Midway Plaza and Ms Carpenter said staff reviewed this
matter and found it to be a legitimate operation
Mayor Abramowitz said he was opposed to rezoning unless tbe77e
was a specific reasons however the City Council consistently
heard about vacant shopping centers He said he wanted the
City to have business that enhanced the beautification
Mayor Abramowitz Opened the Public Hearing
Anthony Grimaldi, Resident, said there was a shopping plaza
across the street from this property which was zoned B-2 Re
asked why the applicant wanted to rezone the parcel to B-21 as
opposed to having his business at the shopping center across
the street
Mayor Abramowitz said the applicant may not want to have his
business at the shopping plaza
Mr Grimaldi said there were stores presently available for
businesses and Mayor Abramowitz said the property under
discussion was a shopping plaza which was almost vacant
Mr Grimaldi said he was aware of this however there were
several stores vacant He said zoning the property to B-2'
would require a break down of the various stores He said he
did not know how the small stores could be used for small)
businesses
Phil Glassman, partial owner of the property, said he was'
presently managing the property He said the zoning request
was because the existing uses of the property were consistent
with B-1 zoning He said the B-6 zoning was never apprcpiiate
for the location He said the only uses being requested Were
B-1 uses and every time a potential renter wanted to put
business in the area a variance was needed
Mr Glassman said he worked with the Community Development
Department which did not object to the rezoning of the
property He asked the City Council to consider the rezoning
request
Mayor Abramowitz Closed the Public Hearing with no furthers
response
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VOTE ALL VOTED AYE
16 a MOTION TO ACCEPT Affidavits of Publication, Mailing
and Posting for Temp Ord- #1490 Petition #8-Z-90
b PUBLIC HEARING - MOTION _TO ADOPT Temp Ord #1490 on
first reading concerning i request by CUMMINGS, BIFFAR
and PARKS to rezone lands on the south side of Mc Nab
Road, approximately 1/2-mile west of Nob Hill Road,
from R-4A (Planned Apartments) to LI-1 (Light
Industrial) to conform to the Broward County Land Use
Plan Petition #8-Z-90
SYNOPSIS OF ACTION
PUBLIC HEARING was held
a ACCEPTED Affidavits
b APPROVED on first reading
Second reading will be held
at 7:30 P M on Wednesday
May 9, 1990
* a V/M Hoffman MOVED to ACCEPT Affidavits of Publication, Mailing
* and Posting for Temp Ord_ #1490 , SECONDED by C/M Rohr
VOTE ALL VOTED AYE
Interim City Attorney Ruf read Temp Orl #1490 by title
* b V/M Hoffman MOVED to APPROVE Temp -Ord #1490 on first
* reading, SECONDED by C/M Rohr
Kelly Carpenter, Director of Community Development, said this
application was a request to rezone lands from R-4A (Planned
Apartments) to LI-1 (Light Industrial) She said the property
was located in the north half of Land Section 7 and abutted
Mc Nab Road on the south and north sides She said all of the
land was currently designated Industrial on the City's Land
Use Plan and was a zoning request to conform with the Land Use
Plan
Ms Carpenter said the only appropriate distract was LI--1 and
the applicant was seeking to rezone their 6 99 acres to LI-1
She said the Planning Commission recommended approval of the
rezoning at their April 18, 1990 meeting and staff recommended
approval
Mayor Abramowitz asked if the rezoning conformed with the Land
Use Plan and Ms Carpenter replied, yes
Mayor Abramowitz opened and closed the Public Hearing with no
response
VOTE
ALL VOTED AYE
17 PUBLIC HEARING - MOTION TO ADOPT Temp Ord #1458 on
second reading to amen"ection 24-576 of the Code by
establishing permitted and prohibited off --street parking
uses
SYNOPSIS OF ACTION ORDINANCE R-90-14 - PASSED
PUBLIC HEARING was held
APPROVED on second and final reading
Interim City Attorney Ruf read Temp Ord--#1458 by title
* V/M Hoffman MOVED to APPROVE Temp Ord #1458 on second
* reading, SECONDED by C/M Rohr
Kelly Carpenter Director of Community Development, said this
Ordinance was intended to stop vehicles with signs on them
from advertising business in a shopping center and parking
along the arterial street frontage She said staff was very
careful on the definitions and the performance standards
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Ms Carpenter said it seemed best to regulate parking as
opposed to place a provision in the Sign Ordinance She said
the Ordinance defined permitted and prohibited parking She
read a portion of the Ordinance into the record
Ms Carpenter said the Planning Commission and staff
recommended approval
Mayor Abramowitz opened and closed the Public Hearing with no
response
VOTE ALL VOTED AYE
Mayor Abramowitz said he did an informal survey in the City of
Lauderhill based on the intent of this Ordinance He said
there were several establishments that parked near the street
with advertisement on them He said he approved of this
Ordinance because it would add to the beautification of the
City
At 10 26 A M , Mayor Abramowitz RECESSED this meeting and
RECONVENED at 10 30 A M , WITH ALL PRESENT
19 MOTION TO ADOPT Temp Ord #1470 on first reading to amend
Chapter 24, Division 23, of the Code to delete and add
certain permitted uses and to delete and add certain
prohibited uses within the LI-1, Light Industrial
District
SYNOPSIS OF ACTION
APPROVED on first reading
Second reading will be held at
7:30 P M on Wednesday, May 9
1990
Interim City Attorney Ruf read Temp Ord #1470 by title
C/M Rohr MOVED to APPROVE Temp_ Ord #1470 on first resdin;,
SECONDED by C/M Schumann
Kelly Carpenter, Director of Community Development, said this
was staff proposals to amend the Light Industrial District;
She said the purpose of these amendments was the following
1) To revise the list of permitted uses to include a
more extensive use of permitted uses incorporating
much of the language as to permitted uses which was
already included in the Tamarac and Broward County
Land Use Plans
2) To revise the list of prohibited uses to allow more
extensive permitted uses and to prohibit certain
utility uses
3) The building envelope regulations which are contsine3
in the LI-1 Ordinance were not affected by this
Ordinance
Ms Carpenter said the Planning Commission recommended
approval of this Ordinance and requested the sale of prDpalne
gas and repairs be deleted from the list of permitted heavy
commercial uses
Ms Carpenter said staff spent several hours discussing item 2
under permitted uses which dealt with wastewater lift
stations, electric transformers or devices designed to serve
similar purposes She said a voltage not exceeding 35KV was
designed to serve only the allowed uses in the adaacent lalnds
designated L-1 She said there were discussions concerning
Page 4, prohibited uses She said this section indicated,
"landfills, resource recovery facilities, transfer stations,
electric generating plants and electric utility substations"
as prohibited uses
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Ms Carpenter said Page 3, eight lines from the bottom, the
second word "or" should be "of" She said the Planning
Commission and staff recommended approval of the Ordinance
V/M Hoffman asked if the Ordinance would indicate the
prohibition of electric relay stations and Ms Carpenter said
substations would be prohibited as indicated at the top of
Page 4
VOTE ALL VOTED AYE
Mayor Abramowitz said it was unfortunate that the residents
were not aware of the problems the Community Development
Department has been through since the beginning of the
Comprehensive Land Plan He said he was very concerned that
there were many people who have been involved and had the best
intentions for the welfare of the City He said the City
Council was very fortunate to get the information and
expertise of the experts; however, the world was changing and
the City had to go along with the needed changes He said if
the City did not change with the times severe penalties would
have to be paid
Mayor Abramowitz said there were several concerns about why
the City was doing certain things and he would like to have
the time to explain why the changes were occurring
Mayor Abramowitz said Ms Carpenter has worked very hard to
get the Light Industrial and Special Utility Ordinances He
said it only took the City Council a few minutes to approve
this Ordinance; however, Ms Carpenter and her staff have been
working for several months to bring the City into conformity
with the Land Use Plan He said the City Council and
administration appreciated all of the efforts of the Community
Development Department
OPEN PUBLIC FORUM
20 OPEN PUBLIC FORUM
Melanie Reynolds, Resident said the Mayor kept stating that
the City was being brought into the 21st Century and the City
Manager kept indicating that the City was being modernized
She said she did not think that the City Council and
Administration was aware of the City being thrown back 20 odd
years to where the people had little voice in their
government She said back then, the officials made their own
rules and regulations
Mrs Reynolds said in 1988, the Mayor appointed C/M Bender as
liaison to the Plan Adjustment Committee She said C/M Bender
became a voting member She said the Mayor also appointed C/M
Bender as a member of the Pension Board, on which he was a
voting member She said C/M Bender now voted with the City
Council, Plan Adjustment Committee and the Pension Board;
however, the City's Ordinances did not allow a Liaison to
vote
Mrs Reynolds said it was decided by the City Council that no
one could be on more than one Committee
Mrs Reynolds said the Charter indicated that the City Manager
may appoint an Assistant Manager, if required She asked what
the requirement was
City Manager Kelly said he felt the appointment of Assistant
City Managers was necessary
Mrs Reynolds asked what the requirement was when City Manager
Kelly appointed an Assistant City Manager
City Manager Kelly said the appointment was necessary,
thereby, being a requirement for the sufficient running of the
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City He said he would send Mrs Reynolds a report on hi4
decision
Mrs Reynolds said the Charter indicated that there be an
Assistant Manager if necessary, not Assistant Managers She
said the City Manager appointed two people as Assistant
Managers She said the City Manager appointed the two people
as Acting Managers and she asked if this was dual office
holding
Interim City Attorney Ruf said he did not like to do things
off the top of his head, however, the appointment did not
sound like dual office holding because the appointment people
were members of staff, not officers
Mrs Reynolds said the people were not staff members whale
working in the position as Assistant City Manager and Interim
City Attorney Ruf said he would look into this matter He
said he felt that the appointed people were not considered as
officers as per the Florida Statutes
Mrs Reynolds had concerns with Dina McDermott, Assistant City
Manager, administering $50,000 00 of the City's money and City
Manager Kelly said Mrs McDermott was administering the grant
for the Multi --Purpose Building
Mrs Reynolds said the electorate voted that the City spend no
more than 1 2 million dollars for the project and City Manager
Kelly said this pertained to the impact fees
Mrs Reynolds said some of the money was to be taken from the
impact fees and Mayor Abramowitz asked Mrs Reynolds if she
was upset that the City received money from the State
Mrs Reynolds asked what would be done with the money and,
Mayor Abramowitz said there was a lot of money left to build
the Multi -Purpose Center He said the lowest bid that was
received was 1 4 million and the difference between what the
City had and the grants from the State of Florida was being
used for the project He asked if this upset Mrs Reynolds
Mrs Reynolds said this was not the first time that the City
was ignoring the vote of the people and Mayor Abramowitz said
the residents would not agree to giving the money back toithe
State and do what Mrs Reynolds was suggesting
C/M Rohr said Mrs Reynolds said the City Council did meet the
requirements of the electorate of Tamarac He said the proof
that the electorate approved of the present City Council
occurred at the last election when the electorate approved
everything this City Council was trying to do
Mrs Reynolds said when the electorate voted on something, the
City Council had to stand by it She said if the bids canoe in
higher, the City Council would have to put the new costs on
Referendum
------------------------------------------------------4
Anthony Grimaldi, Resident, said he was glad that the
recycling began and the single-family homes were paying $ 76
cents a month He asked that the City Council review the
immediate future of getting containers for the residents to
use He said the weather in the last few days gave the City
an idea of what would occur during the summer He said
putting the papers in a paper bag was not appropriate
REPORTS
21 City Council
C/M Schumann - No report
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C/M Rohr asked the City Council to express their interest
concerning the water supply He said Lake Okeechobee could no
longer provide water to South Florida He said he would like
the City Council to approve a proposed Resolution from the
Broward League of Cities, which urged restaurant operators
from the City to serve drinking water only upon request of
their customers
The City Council AGREED to support the Florida League of
Cities recommendations
Mayor Abramowitz asked the City Attorney to bring forth a
Resolution for the City Council to act on at their May 9, 1990
meeting
C/M Bender said this morning he heard that the State would be
spraying chemicals for the medfly problem in the City He
said it was stated that people who had cars should wash the
chemical off to avoid damage He said he was concerned with
this conflicting with the regulations of the use of water He
said there should be an explanation regarding this matter
Harold Newman Resident, said the State did not object to cars
being washed if sprayed by the chemical
C/M Bender asked the City Manager to look into this matter and
report back to the City Council with his findings
V/M Hoffman said the City was in a self -insured program
because of the Sovereign Immunity cap He said there was a
bulletin sent by the Florida League of Cities which indicated
tba-t legislation was being introduced to limit the Sovereign
Immunity cap He said the League was opposing the Bills
-because they would increase the exposure of local governments
liWLXity and would place an extraordinary financial burden on
Iocal governments at a time of genuine financial crisis He
said the Bills were being opposed because they would serve to
drive audicial liability insurers out of Florida's market and
would have a negative and adverse impact on local governments
that were self insured He said the local governments would
be unable to gauge their actuarial risks without an occurrence
cap
V/M Hoffman said Senator Weinstein was one of the sponsors of
the Bill and he asked the City Council to send a letter to
Senator Weinstein concerning their opposition of any change in
the Sovereign Immunity law at this time
Mayor Abramowitz suggested V/M Hoffman meet with the City
Attorney He asked that a letter go to the Broward League of
Cities and Florida League of Cities concerning this matter
V/M Hoffman said this matter had to be acted on immediately
because the House and Subcommittee He said this matter had
to be handled immediately
City Manager Kelly said the letter could be drafted
immediately and faxed to the State
Mayor Abramowitz said he was privileged to serve on the Board
of Directors of the Broward League of Cities He said the
newspaper indicated that the municipalities were having
financial problems because of the State and County
Commissioners He said there was a recommendation that there
be mandated projects that would not be funded by the State
He said this was a terrible issue because it meant that the
State and County would be mandating that there be programs
that must be done by the Cities or the Cities would loose
their revenue sharing
City Manager Kelly said the State has taken a lot of things
away from the municipalities leaving the Cities to pay for
projects without any assistance
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Mayor Abramowitz said the County recently indicated that
anybody that held an affair where food was being served j4ust
get a $50 00 permit which went to the County and the server
must have a food handler certificate He said the CountyIwas
making the Cities liable for the actions of serving foodlin
their Cities
Mayor Abramowitz said no one ever informed the Cities
regarding this matter and he expressed his anger concerning
this matter He said he wanted the County to go to the
organizations in the City and inform them why this was being
done
Mayor Abramowitz said the ballot would contain an item
concerning the mandates of the Cities without funding He
said this affected everyone because they would have to pay Eor
it He said the residents should vote on this matter=
however, it may not be enforceable He said the people should
become familiar with the full effects concerning this matter
22 City Manager - No report
23 City Attorney - No report
With no further business,
meeting at 11 00 A M d
OL A EVANS, CITY CLERK
vor Abramowitz ADJOURNED this
ABRAMQWI
'This public document was promulgated at a
copy to inform the general public public
recent opinions and considerations of the
�amarac "
cost of $67 50 or $4 50 per
officers and employees of
City Council of the Cityl of
CITY OF TAMARAC
P OVED AT MEETI OF
City Clerk
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