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ITY OF TAMARAC
CITY COUNCIL REGULAR MEETING
WEDNESDAY, MAY 22, 1991
CALL TO ORDER: Mayor Abramowitz called this meeting to order on Wednesday, May 22, 1991 at 9:00 a.m.
in the Council Chambers of City Hall.
PRESENT:
Mayor Norman Abramowitz
Vice Mayor Dr. H. Larry Bender
Councilman Irving Katz
Councilman Henry Schumann
Councilwoman Diane Glasser
ALSO PRESENT:
John P. Kelly, City Manager
Alan F. Ruf, City Attorney
Carol A. Evans, City Clerk
Karen Jackson, Secretary
MEDITATION AND PLEDGE OF ALLEGIANCE: Mayor Abramowitz called for the Pledge of Allegiance followed
by Moment of Silent Meditation for the return of the men and women from the Middle East.
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4. d. MOTION TO APPROVE renewal of a model sales and
administrative facility permit for BOARDWALK APARTMENTS (CONCORD VILLAGE II) in
Building 10, Unit 8650, for a six- month period from 6/25/91 to 12/25/91.
SYNOPSIS OF ACTION:
TABLED due to fees in arrears.
V/M Bender MOVED to TABLE Item 4.d. from the Consent Agenda for non-payment of fees, SECONDED by
C/W Glasser.
VOTE: ALL VOTED AYE
Community Development
9. MOTION TO ADOPT Temp. Reso. #6041 removing deed restrictions relating to food and
alcoholic beverages at MAINLANDS CENTER placed on the property in 1978. (located on the northeast
corner of University Drive and NW 58 Street) (tabled on 4/17/91).
SYNOPSIS OF ACTION:
TABLED at the request of the applicant.
V/M Bender MOVED to TABLE Temp. Reso. #6041, SECONDED by C/M Katz.
VOTE: ALL VOTED AYE
11. MOTION TO ADOPT Temp. Reso. #6056 approving SPRING HOUSE revised site plan for fifteen
multiple bay garages and a Restrictive Covenant restricting the use of the garages to vehicle
parking only. (located at the northeast corner of Commercial Boulevard and Rock Island Road)
SYNOPSIS OF ACTION:
TABLED at the request of the applicant.
V/M Bender MOVED to TABLE Temp. Reso. #6056, SECONDED by
C/M Schumann.
VOTE: ALL VOTED AYE
INTRODUCTION
1. PRESENTATION by City Manager Kelly of a ten-year service award to SHERRI ROMANO, Finance
Department, and a five-year service award to LESLIE RINARD, Utilities Department.
SYNOPSIS OF ACTION:
Presentations were made by City Manager Kelly.
2. ANNOUNCEMENT of the expiration of the terms of office for positions on the following boards
and committees:
Board of Adjustment Code Enforcement Board
Consumer Affairs Board Insurance Advisory Board
Investment Advisory Board Parks and Recreation Board
Planning Commission Public Information Committee
Social Services Board Veterans Affairs Board
If any Tamarac resident is interested in serving on any of the
above volunteer boards or committees, please contact the office
of the City Clerk for an application. If existing board and committee members desire to be considered for
reappointment, please indicate this by memo to the City Clerk's office.
SYNOPSIS OF ACTION:
Announcement was made by Mayor Abramowitz.
PUBLIC PARTICIPATION
3. PUBLIC PARTICIPATION - Any member of the public may speak to any issue which is not
agendized for public hearing at this meeting. Speakers will be limited to three minutes during this item
and at public hearings. There will be a thirty (30) minute aggregate time limit for this item, and
speakers are encouraged to sign up in advance with the City Clerk prior to their participation.
Anthony Grimaldi, resident of Sunflower Heathgate, said he witnessed an uproar by the residents of Spring
Lake in the past Council meetings. He expressed his concern regarding the sidewalks in Tamarac. He said all
residents in Tamarac have this difficulty; however, the Referendum on sidewalks was turned down by the
residents. He suggested another Referendum be placed on a ballot for the residents to vote again.
Melanie Reynolds, resident, expressed her concern regarding the size of the new Public Services building.
She said in 1985, the voters were asked if the City could construct and equip a Public Works building for the
amount of $1,500,000.00 and the voters said no. She said in 1986, the City asked the voters to approve a
Public Works and Engineering complex and the voters said no. She said in 1987, the voters were asked if
they would approve a Public Works building not to exceed $1,900,000.00 and the voters agreed. She asked
how much the building on Nob Hill Road cost the residents.
City Manager Kelly said there are two funds combined for that which are the Utilities and Public Works
complexes. He said the contract was for one complex. He said he will access the information for her.
Ms. Reynolds said she is not happy with the turnout of the complex. She asked why the City continues to
rent storage space in Miami when the City has this new facility.
Mayor Abramowitz said the City is taking the records out of storage in Miami and moving it to the new
facility.
Walter Rekuc, resident, requested a change in the City's parking Ordinance. He said the Code Enforcement
Department has indicated the inability to enforce unruly parking in empty lots during the day, night and
weekends. He said Code Enforcement needs the tools to do their job. He said the City is becoming a City-
wide truck and trailer stop for overnight and weekend parking. He said trucks are being referred to Tamarac
from other cities.
Mr. Rekuc said he feels that the City should invest the money for Amdro ant killer to solve the ant problem
which residents have complained about during the sidewalk controversy for Spring Lakes. He said he feels
the City is negligent in not supplying a sidewalk after insisting that the adjoining properties must comply. He
said City Manager Kelly failed to bring the compliance to the attention of the City, stating that Council will
not provide the sidewalk because the residential area of the City did not vote for the two million dollar
sidewalk referendum that Council wanted. He said the Council owes an apology to the City residents.
Mr. Rekuc said the City should put in sidewalks and move to eliminate and reverse the vote by Council at the
last meeting. He said the Council must respond as a Board of Directors of this corporation.
C/M Katz said he was instrumental in having City Attorney Ruf prepare a new Ordinance which will change
the Code as far as commercial, off-street parking. He said the City will no longer have commercial vehicles
parking on commercial property unless they either own the property or have a lease from the owner of the
property permitting them to park.
Mr. Rekuc said the City must allow a property owner to permit other people to park on that property and
C/M Katz agreed.
Mr. Rekuc said he is referring to empty lots and dirt parking. He said the City had not had dirt parking until
recently. He said dirt parking is what they have next to the post office.
C/M Katz said if the property is zoned commercial, a commercial vehicle can park there provided he has
permission from the owner, which is what the Code states.
Terry Hobmeier, resident of the Isles of Tamarac, said she is a volunteer for the Broward County Humane
Society and she expressed her appreciation to Barbara Janofsky, City Manager Secretary, for arranging to
have the City employees donate to the can food drive for the Broward County Humane Society.
Ms. Hobmeier expressed her appreciation for the presence of a BSO Deputy in the Chambers for the Council
meeting. She said this eliminates any problems at these meetings.
Ms. Hobmeier said Council rejected sidewalks for the people who live near Southgate Boulevard. She
expressed her appreciation to Mayor Abramowitz for wanting to supply the City's money for this project and
said she is very disappointed in the Council's decision. She said the City should have a Sidewalk Fund from
every builder in the City so that this would not happen again.
CONSENT AGENDA
4. Items listed under Consent Agenda, Item 4, are viewed to be routine and the recommendation
will be enacted by ONE MOTION in the form listed below. If discussion is desired, then the
item(s) will be removed from the Consent Agenda and will be considered separately.
City Clerk
a. MOTION TO APPROVE the minutes of the City Council 3/28/91 special
meeting.
SYNOPSIS OF ACTION:
APPROVED
b. MOTION TO APPROVE renewal of a model sales permit for GREENVIEW
APARTMENTS in Building 9, 10000 Nob Hill Circle, for a six-month period from 7/10/91 to
1/10/92.
SYNOPSIS OF ACTION:
APPROVED
c. MOTION TO APPROVE renewal of a model sales permit for HIDDEN HARBOUR
for a six-month period from 6/24/91 to 12/24/91.
SYNOPSIS OF ACTION:
APPROVED
Community Development
e. MOTION TO ADOPT Temp. Reso. #6055 approving a three (3) foot encroachment
into the north and south 5-foot utility easements located at 7611 NW 68 Terrace, requested by
Vincent Pinzone to allow construction of a carport.
SYNOPSIS OF ACTION: RESOLUTION R-91-89-PASSED
APPROVED
Developmental Services
f. MOTION TO APPROVE the attendance of Gary Phaneuf at the Florida Association
of Code Enforcement Annual Conference June 26-28, 1991, in Orlando, Florida.
SYNOPSIS OF ACTION:
APPROVED
Engineering/Utilities
g. MOTION TO ADOPT Temp. Reso. #6052 releasing a cash warranty bond in
the amount of $500.00 posted for public improvements at the ISLES OF TAMARAC
CLUBHOUSE (890324).
SYNOPSIS OF ACTION: RESOLUTION R-91-90-PASSED
APPROVED
h. MOTION TO ADOPT Temp. Reso. #6053 releasing warranty bond No. FL 98-
010377-0 in the amount of $15,721.75 posted for public improvements at the STATE FARM
SERVICE CENTER at 8301 W. McNab Road.
SYNOPSIS OF ACTION: RESOLUTION R-91-91-PASSED
APPROVED
i. MOTION TO ADOPT Temp. Reso. #6054 releasing warranty bond No.
5646289 in the amount of $2,165.00 posted for driveway improvements at PICCADILLY
CAFETERIA at 7525 North University Drive.
SYNOPSIS OF ACTION: RESOLUTION R-91-92-PASSED
APPROVED
V/M Bender MOVED to APPROVE Item 4, Consent Agenda, SECONDED by C/M Schumann.
VOTE: ALL VOTED AYE
CONSIDERATIONS
Community Development
5. MOTION TO APPROVE a request by LAKES OF CARRIAGE HILLS for an eight (8) foot high security
fence around the satellite pool (located at the southeast corner of Bailey Road and Rock Island Road).
SYNOPSIS OF ACTION:
APPROVED
C/M Katz MOVED to APPROVE Item 5, SECONDED by V/M Bender.
VOTE: ALL VOTED AYE
General Administrative
6. a. MOTION TO APPROVE payment of bill in the amount of $29,054.47 from
Holland & Knight, Special Counsel for referendum litigation and APPROVAL of the
appropriate budget transfer.
b. MOTION TO APPROVE payment of costs in the amount of $441.70
concerning referendum litigation as provided in the Circuit Court Order and APPROVAL of the
appropriate budget transfer.
c. MOTION TO APPROVE payment of costs to Edward Klein, Esq., in the amount of
$199.00 concerning referendum litigation and APPROVAL of the appropriate budget transfer.
SYNOPSIS OF ACTION:
TABLED 6. a.
APPROVED 6. b. as amended, and APPROVED 6. c.
6.a. V/M Bender said he feels the amount indicated as $34,054.47 is incorrect and should be
adjusted.
City Manager Kelly said the Agenda shows the amount of $34,054.47. He said the City Attorney negotiated
with the attorney for Holland and Knight in an interest of continuing a good relationship with the City and
they expressed an agreement to waive the final cost payment and to reduce their legal fees by $5,000.00.
He said they reduced an additional fee of $285.31 which will bring the amount to $29,054.47 which the
Council will be voting on.
C/W Glasser said she has a problem with approving this bill from Holland and Knight. She said in the inter-
office memo from City Attorney Ruf to City Council dated May 21, 1991, a reduction of approximately
$5,000.00 in legal fees is contingent upon the City Council's approval at present. She said she does not agree
with the bill being noted as "Interim". She said the word, "Interim" means "more to come". She said she
would like to see a bill marked, "FINAL".
C/W Glasser said after many verbal and written requests for a Holland and Knight bill and being told that we
have not received it and then being told that the invoices came in and it was approximately $34,000.00 with
no break down as to the number of hours, the bill had to be returned. She said the City received the
"Interim" bill two weeks ago and she requested to see the original bill that was sent back. She said she
received the bill she requested plus three other bills that were issued prior to that.
C/W Glasser said the dates of these bills were April 22, April 3 and March 12, 1991. She said she would like
to know why no one knew about these bills. She said it may be because the billings were mailed to Ruf and
Carsky's private office rather than their office at the City. She asked why these bills were not brought into
the City office and why she or the Finance Director was not informed of these bills. She said she found some
discrepancies in these bills while reviewing them and she feels the Council deserves an explanation.
C/W Glasser said the March 12, 1991 bill has no hourly breakdown but has a day-to-day description of the
work done and begins from January 30, 1991 through February 15, 1991 for a total of $12,999.50. She said
the last bill dated April 29, 1991, which bills through April 3, 1991, for a total of $31,682.50 is for a total of
198.4 hours. She said the total fees by the hours are divided and compute to approximately $160.00 per
hour. She said if all of the hours are added through February 15, 1991 on that bill so they conform to the
first bill received, it comes to approximately $20,000.00, which leaves a difference of approximately
$7,000.00 from the first bill. She said she cannot approve this billing until these bills are justified that they
are correct.
C/M Katz MOVED to TABLE Item 6.a.
Mayor Abramowitz asked if this is a final bill or not and City Attorney Ruf said it is a final bill.
C/W Glasser said this bill reads "Interim".
Mayor Abramowitz said Council must make an action to either approve or disapprove this item. He said he
would like a memo sent to City Attorney Ruf asking him all of the questions that need to be answered.
C/M Schumann SECONDED the Motion to TABLE.
VOTE: ALL VOTED AYE
6. b. MOTION TO APPROVE payment of costs in the amount of $441.70
concerning referendum litigation as provided in the Circuit Court Order and APPROVAL of the
appropriate budget transfer.
C/W Glasser said by court order, the monies were to be addressed to Diane Glasser and not to the
attorneys, Glasser and Boreth. She said with this being corrected, she requested to abstain from the vote
due to a conflict of interest.
C/M Katz MOVED to AMEND Item 6.b. to read "C/W Diane Glasser" instead of "Glasser and Boreth".
City Attorney Ruf said he feels Council can say to move the payment of costs as provided for in the Court
Order.
C/W Glasser said it should read "Private citizen, Diane Glasser".
City Attorney Ruf said the Motion should be to pay the costs of $441.70 as provided in the Circuit Court
Order.
V/M Bender MOVED to AMEND Item 6.b., SECONDED by C/M Schumann.
VOTE: C/M Katz - AYE
V/M Bender - AYE
C/W Glasser - ABSTAIN
C/M Schumann - AYE
Mayor Abramowitz - AYE
C/W Glasser asked if she needs to file papers for this abstention and City Attorney Ruf said, yes.
C/M Schumann MOVED to APPROVE Item 6.b. as AMENDED, SECONDED by V/M Bender.
VOTE: C/M Schumann - AYE
C/W Glasser - ABSTAIN
V/M Bender - AYE
C/M Schumann - AYE
Mayor Abramowitz - AYE
6. c. MOTION TO APPROVE payment of costs to Edward Klein, Esq., in the amount of
$199.00 concerning referendum litigation and APPROVAL of the appropriate budget transfer.
C/M Schumann MOVED to APPROVED Item 6.c., SECONDED by V/M Bender.
VOTE: ALL VOTED AYE
7. MOTION TO APPROVE the City Manager's appointment of Robert Kline Jones as City Engineer
effective 5/1/91.
SYNOPSIS OF ACTION:
APPROVED
C/M Katz MOVED to APPROVE Item 7, SECONDED by C/M Schumann.
City Manager Kelly said Bob Foy, City Engineer and Utilities Director, resigned from the City effective April
30, 1991. He said having a City Engineer in-house allows the City to sign-off on documents, plans and other
items without having to pay a consultant additional monies for that service. He said the City has a very
capable man in-house, Mr. Robert Kline Jones, who has been the Deputy City Engineer for four years. He
said Mr. Jones has been groomed by Mr. Foy for this position.
City Manager Kelly said he is a professional Engineer, is licensed in the State of Florida, has a Bachelor
Degree in Mechanical Engineering and brings to the City twenty-eight years of experience in Design
Engineering, Project Management, and works with private, governmental and construction engineering
maintenance and production groups. He said he is pleased to make this appointment. He said the Charter
does require that these appointments be approved by the City Council.
V/M Bender asked if this appointment involves any monetary compensation and City Manager Kelly said
there is none.
VOTE: ALL VOTED AYE
Public Works/Recreation
8. MOTION TO ACCEPT a donation in the amount of $1,000.00 from the Tamarac Athletic
Federation for the construction of baseball dugouts for Field 4 at the TAMARAC PARK on University
Drive.
SYNOPSIS OF ACTION:
ACCEPTED
C/M Katz MOVED to APPROVE Item 8, SECONDED by V/M Bender.
City Manager Kelly said the Tamarac Athletic Federation, which works closely with the City and helps to save
the City a great deal of money by their participation in overseeing a lot of the sports activities that are held
throughout the City, has offered to donate to the City $1,000.00 in order to facilitate the construction of
new baseball dugouts for
Field 4. He said the Public Works Department has secured an estimate from a private contractor who would
construct the two dugouts for $3,750.00. He said the City can substantially reduce the cost for the
construction of the project by doing the work in-house. He said materials for the project are estimated
under $500.00 and the City will provide all of the labor. He recommended accepting the $1,000.00 and
using the funds to build the dugout with City personnel.
VOTE: ALL VOTED AYE
TAPE 2
RESOLUTIONS
10. MOTION TO ADOPT Temp. Reso. #6060 approving a one-year extension of the final site plan
approval of CHEVRON SERVICE STATION #53555 located on the northeast corner of Commercial
Boulevard and Pine Island Road (NW 88 Avenue).
SYNOPSIS OF ACTION: RESOLUTION R-91-93-PASSED
APPROVED
City Attorney Ruf read Temp. Reso. #6060 by title.
C/M Katz MOVED to APPROVE Temp. Reso. #6060, SECONDED by
C/M Schumann.
VOTE: ALL VOTED AYE
General Administrative
15. MOTION TO ADOPT Temp. Reso. #6050 authorizing the appropriate City officials to execute an
Amendment to the Agreement between the City of Tamarac and Public Advertising, Inc., for erecting
and maintaining bus stop shelters within the City (tabled on 5/8/91).
SYNOPSIS OF ACTION: RESOLUTION R-91-98-PASSED
APPROVED as amended to add 10% administrative costs.
City Attorney Ruf read Temp. Reso. #6050 by title.
V/M Bender MOVED to APPROVE Temp. Reso. #6050, SECONDED by
C/M Schumann.
Mayor Abramowitz said there is a differential in the proposed cost of this item. He said he has a concern
that the City is not being paid administrative costs at all. He said he is not happy unless something is billed
for administrative costs based on the current status of the City.
City Manager Kelly recommended a 10% administrative charge for each monthly bill.
Mayor Abramowitz said Council had questioned the $250.00 and it is now $350.00.
C/W Glasser MOVED to ADD 10% administrative costs, SECONDED by
C/M Schumann.
Sid Gold, Director of Public Advertising, Inc., said the City is receiving $500.00 per year per bus shelter in
advance for every shelter that is installed with or without advertising. He said a problem developed when
installing these shelters because the electrical facilities were not always available on the side of the street
where the shelter was being installed. He said certain Ordinances prevent them from running the lines
overhead, across the roadway for a connection to the shelter. He said Public Advertising, Inc., has been
trying to convince FP&L, the City of Tamarac and the Florida Department of Transportation to allow them to
install a meter and tap off the facilities that are lighting the roadways.
Mr. Gold said this has been accomplished; however, the question was brought up of how these electric bills
were to be paid. He said FP&L had insisted that the City of Tamarac receive the billing and pay for the
electric power being consumed by the bus shelters which is minimal and far below the amount of money
agreed upon to pay the City in advance to cover these costs. He said Public Advertising, Inc., has
approximately 8 or 10 locations where this situation came up.
Mayor Abramowitz said there are six.
Mr. Gold said he feels that the charge is such a minimal amount that to add a charge of 10% to the amount
of electricity for administrative handling seems to be a wild request. He said he cannot see a reason to add
an additional 10% to the monies paid in advance since the shelters will be of mutual benefit.
Mayor Abramowitz said he agrees that the amount of money is miniscule. He said he would have preferred
that FP&L billed Public Advertising, Inc., instead of the City. He said the City is billed on a monthly basis and
the City has to go through the Finance Department, cut the check, send it out and deduct it from the
$350.00 deposit which equals approximately $28.00 to $35.00 per year. He said he feels 10% for handling
Public Advertising, Inc., billings is very generous on the City's part.
VOTE: ALL VOTED AYE
C/M Katz MOVED to APPROVE Temp. Reso. #6050 as amended, SECONDED by C/M Schumann.
VOTE: ALL VOTED AYE
16. MOTION TO ADOPT Temp. Reso. #6066 revising the fee for identification cards from $3.00 to
$10.00 per card.
SYNOPSIS OF ACTION: RESOLUTION R-91-99-PASSED
APPROVED
City Attorney Ruf read Temp. Reso. #6066 by title.
C/W Glasser MOVED to APPROVE Temp. Reso. #6066, SECONDED by
C/M Schumann.
VOTE: ALL VOTED AYE
Mayor Abramowitz RECESSED and RECONVENED this meeting at 10:00 a.m. with all present.
PUBLIC HEARINGS - AT OR AFTER 9:00 A.M.
Community Development
17. PUBLIC HEARING - MOTION TO ADOPT Temp. Reso. #6057 concerning a request by ROTI MAX
BOCA CORPORATION for special exception to permit a restaurant in Bay 5 of WOODMONT
SQUARE, 7178 North University Drive, which is zoned B-2 (Planned Community Business).
Petition #27-Z-91
SYNOPSIS OF ACTION: RESOLUTION R-91-100-PASSED
Public Hearing Held.
APPROVED
City Attorney Ruf read Temp. Reso. #6057 by title.
C/M Katz MOVED to APPROVE Temp. Reso. #6057, SECONDED by
C/M Schumann.
Kelly Carpenter, Director of Community Development, said this is an application by Roti Max Boca
Corporation for a special exception to expand an existing take-out restaurant in Woodmont Square. She said
the proposal for the expansion is for a regular restaurant. She said there has been considerable discussion
among the tenants in that shopping center, the Staff and the owner of the Center over the past several
weeks concerning the availability of parking at that center.
Ms. Carpenter said the field parking studies have determined that there is approximately 12,000 square feet
of vacant space in that shopping center and there are approximately 40 spaces remaining in the shopping
center per Code to be used for parking; therefore, there is enough parking for this 1,300 square foot of
restaurant based on the approved site plan, the vacant bays and the calculations in the field.
Ms. Carpenter said the new owner will meet all of the applicable zoning requirements for a special
exception which include proper venting and hoods for odor and six day per week garbage pickup. She said
the site is zoned B-2, which is consistent with the City and County Land Use Plans and a restaurant is
consistent with B-2. She said the Planning Commission recommended approval at their May 15, 1991
meeting and the Staff recommends approval.
C/M Katz asked if cooking is done on the premises at present and Ms. Carpenter said, yes.
C/W Glasser asked if they are extending their food service beyond the chicken and Ms. Carpenter said, no.
VOTE: ALL VOTED AYE
ORDINANCES
PUBLIC HEARINGS - AT OR AFTER 9:00 A.M.
Community Development
18. PUBLIC HEARING - MOTION TO ADOPT Temp. Ord. #1535 on second reading concerning a
request by LEADERSHIP HOUSING, INC., to rezone lands east of Nob Hill Road, 315-feet north of
Commercial Boulevard, from A-5 (Agriculture/Excavation) to B-2 (Planned Community Business) to
conform to the Broward County Land Use Plan. Petition #16-Z-91 (Public Hearing tabled on 5/8/91)
SYNOPSIS OF ACTION: ORDINANCE O-91-15-PASSED
Public Hearing held.
APPROVED on second and final reading.
City Attorney Ruf read Temp. Ord. #1535 by title.
C/M Schumann MOVED to APPROVE Temp. Ord. #1535, SECONDED by
C/W Glasser.
Mayor Abramowitz said there is a large audience who are concerned about these issues. He said these four
issues are separate and different. He requested that Ms. Carpenter be specific in the descriptions of each of
these issues to help the audience to understand.
Ms. Carpenter said this is an application by Leadership Housing to rezone from A-5 to B-2, a parcel of land
located approximately at the northeast corner of Commercial Boulevard and Nob Hill Road. She said the
Planning Commission voted in February, 1991 to recommend this application. She said the applicant is also
in the process of platting this parcel.
Ms. Carpenter said the City of Tamarac has an adopted Land Use Plan which has been approved by the State
of Florida. She said the City of Tamarac is located in Broward County which is a Charter County and by its
Charter, the County has control over land uses in cities. She said the Broward County Land Use Plan and the
City of Tamarac Land Use Plan designate this parcel commercial. She said the bottom line or the law of the
County is the Land Use Plan. She said the land uses on the map are not to be deviated from under the rules
of Broward County and the rules of the City of Tamarac other than in specific situations.
Ms. Carpenter said on top of the Land Use Plan is Zoning. She said zoning is subservient to the Land Use
Plan. She said the zoning describes particular building envelope regulations such as how tall the building can
be, how many square feet it can be relative to the size of the parcel, and landscape requirements. She said
when discussing implementation of the Land Use Plan it means refining the land use decisions that the
Council has already made in the adoption of the Land Use Plan.
V/M Bender asked what A-5 is and what B-2 is.
Ms. Carpenter said A-5 is an excavation district. She said that parcel was excavated at some time in the past
and was properly zoned for excavation. She said that is under the City Land Use Plan and the County Land
Use Plan and industrial use. She said this parcel is designated as commercial on the Land Use Plan. She said
B-2 is the City's basic community commercial zoning district. She said B-2 should be the mainstay of the
City's commercial zonings along arterials in the City. She said B-3 is generally too intensive for there arterials
and should be saved for major interchanges such as the Sawgrass Expressway and Nob Hill Road. She said B-
1 zoning is more for neighborhood-type commercial uses such as for a podiatrist, convenience stores and
other such businesses.
Ms. Carpenter said this is an application by Leadership Housing to rezone their property in conformance
with what it is designated on the Land Use Plan. She said the laws of Broward County require the City to
zone in conformity with the Land Use Plan.
Mayor Abramowitz asked if Council can rezone this to residential.
Ms. Carpenter said it cannot be rezoned to residential in accordance with the Land Use Plan. She said if
Council chooses to rezone this property to a category which is not allowed under the Land Use Plan, the
correct procedure is to proceed to amend the Land Use Plan rather than to rezone it to a category of which
the Plan does not allow. She said it is a minimum of eighteen months to process an amendment of the Land
Use Plan. She said the Plan was recently adopted in December, 1990. She said the City should feel free to re-
evaluate land uses. She said Staff has no objection to this area being a commercial site.
Joe Schreiber, resident of Kings Point, asked if the zoning is indicated in the County Land Use Plan or is the
category of commercial or residential only indicated.
Ms. Carpenter said the County Land Use Plan does not set forth zoning, but sets forth land use designations.
Mr. Schreiber said the applicant is requesting the change as long as they conform to the designation.
Ms. Carpenter said the applicant is seeking this; however, one could have interpreted the County Land Use
Plan to have said the City should have done this on its own.
Mayor Abramowitz said there are four categories of commercial designation that the City uses; therefore, if
the land is going to being designated commercial, it must be one of these categories.
Abe Garr, resident of Kings Point, said while sitting on the Planning Commission, he vigorously opposed
granting Leadership Housing the zoning changes they requested. He said the Planning Commission voted
unanimously to deny the request. He said Council felt otherwise and overruled the Planning Commission.
He said the Council has an obligation to the people of Tamarac and anything that concerns the health, safety
and welfare of the citizens should be a priority. He said this piece of property has laid dormant for a long
period of time. He said Leadership Housing does not intend to build, but to sell to a developer. He said he
feels it would be better to sell it first and then see what a developer has in mind.
Mr. Garr said the residents strongly oppose a zoning change at present and do not favor the density of
matchbox housing within the added problems of traffic congestion, emission pollution and lowering the
standards and quality of the lifestyle of the area. He said the residents are forming a coalition of Northwest
Broward for Community Action. He said he has contacted some of the Presidents of the Homeowner's
Associations to hold a special meeting to enforce this plan to make this Council aware that their obligation
concerning health, safety and welfare is extremely important.
Mr. Garr said the newly elected members of Council were elected by less than 13% of the electorate which
is not a landslide. He said he feels Council should listen to the people. He said this is not an issue that has
become a political issue, but is an issue where the residents are concerned and the residents want the
Council to act on the their behalf.
Mayor Abramowitz said at the beginning of this meeting he said there are four separate issues involved. He
said this item does not involve matchbox housing. He said he requested Ms. Carpenter to be very specific
because he wants the residents to understand what this involves.
C/M Katz said Mr. Garr may not agree with his philosophies; however, he was given a mandate by the
people who took the time and trouble to vote. He said those who did not vote are the same people who are
complaining about what the City Council does. He said he has a fiduciary responsibility to 46,000 people in
the City regardless of how many voted. He said he won the election by 58%.
Mayor Abramowitz said Item 18 has nothing to do with apartments or size.
C/M Schumann said on February 20, 1991, the Planning Commission voted 5 to 0 to recommend this
application and not to deny it.
Mayor Abramowitz said the Planning Commission recommended to approve this application.
Terry Hobmeier, resident of the Isles of Tamarac, asked if these businesses will be stores, shopping centers
or what.
Mayor Abramowitz said the law prevents any regulatory agencies from asking the Petitioner what they are
going to be building when he applies for a rezoning. He said the law says the Petitioner has the right to ask
for a rezoning.
Ed Stacker, Attorney representing Leadership Housing, Inc., said this petition was approved by Council on
first reading on April 10, 1991. He said Ms. Carpenter has laid out the land use overlay quite well. He said
Leadership Housing, Inc. has initiated a petition to rezone a strip of A-5 zoning property to conform with the
existing B-2 property that fronts on Commercial Boulevard. He said on the northeast corner of the Nob Hill
Road and Commercial Boulevard intersection, the present designation of about a one acre parcel is City B-3.
He said this request is for a zoning category that is consistent with and required under the Land Use Plan to
be commercial and is compatible with the surrounding commercial designations.
Mayor Abramowitz said he has no connection with Leadership Housing, Inc. He said under the concurrency
laws of the Land Use Plan, if the property is not platted, it cannot be used unless millions of dollars worth of
roads are built. He said Leadership Housing, Inc. has 75 acres of land in Tamarac and has never been platted.
He said this land will not generate any income to the City and it cannot be built on unless they spend the
money to build or improve the roads. He said he understands that the purpose of this request is to conform
to the Land Use Plan so they can plat the property. He said if the land does not get platted, it cannot be
used; therefore, the land will lie fallow and the City will have no income or tax revenue from it.
VOTE: ALL VOTED AYE
TAPE 3
19. PUBLIC HEARING - MOTION TO ADOPT Temp. Ord. #1536 on first reading concerning a
request by LEADERSHIP HOUSING, INC., to rezone a 2.202 acre parcel on the northeast corner of
McNab Road and the Sawgrass Expressway from R-3U (Row House) to B-1 (Neighborhood Business) to
conform to the Broward County Land Use Plan. Petition #17-Z-91
SYNOPSIS OF ACTION:
Public Hearing TABLED to June 12, 1991 Regular Council Meeting at 7:30 p.m.
City Attorney Ruf read Temp. Ord. #1536 by title.
C/M Schumann MOVED to APPROVE Temp. Ord. #1536, SECONDED by
V/M Bender.
Ms. Carpenter said this is an application by Leadership Housing to rezone 2.202 acres of land from R-3U,
which is residential, 8.5 dwelling units to the acre, to B-1, which is located approximately at the northwest
corner of Nob Hill Road and NW 108 Terrace. She said the Planning Commission voted unanimously to
recommend denial of this application at its February 20, 1991 meeting, citing that this location was
inappropriate for commercial use.
Ms. Carpenter said the applicant has a plat pending on this parcel. She said the surrounding land uses are as
follows: north-residential, 8.5 dwellings to the acre; east-residential; south-industrial, LI-1 across McNab
Road and west-transportation designation as the Sawgrass Expressway. She said this parcel is approximately
7 acres in size and is designated commercial on the County and the City Land Use Plans and both were
adopted and approved by the State.
Ms. Carpenter said the zoning map shows a small parcel on the corner which is approximately 5 acres in size
which the zoning history map indicates has been zoned commercial since 1976. She said this parcel does not
match the 7 acre parcel that is on the Land Use Plan since there is a two acre difference. She said the
applicant is proposing to take a small strip from the north and from the west to make the parcel go from the
5 that is already zoned commercial to the 7 that is already approved on the Land Use Plan. She said the
applicant is requesting and Staff has recommended approval of a zoning to conformity. She said the
residential zoning, R-3U, is not an appropriate category for a commercial designation on the Plan.
Ms. Carpenter said this land use has been present for a very long time. She said the Planning Commission
and the residents have raised some appropriate questions concerning whether or not this is an appropriate
location for commercial. She said the proper way to address this is to look at a Land Use Plan amendment,
not to deny the rezoning. She said the rezoning request is an appropriate request to what the parcel is
designated. She said if the Council accepts the testimony that commercial is not appropriate, the zoning still
needs to proceed; however, Council should recommend to Staff to proceed with a County Land Use Plan
amendment to change the use to an appropriate designation.
Ms. Carpenter said if Council chooses to rezone the parcel, the rezoning is accomplished and Leadership
Housing, Inc., can proceed with platting the property. She said once Leadership Housing goes through the
County Commission on their plat, they will have another 18 months to record it. She said it takes
approximately 18 months for a Land Use Plan amendment.
C/M Katz said during the April 10,1991 Council meeting, he had requested Staff research going back to the
County and State on the Comprehensive Land Use Plan to have it changed to R-3U. He said he does not feel
that B-1 belongs in this type of area. He said this parcel should not be commercial. He requested this item
be Tabled so that Staff can resubmit it to the Comprehensive Land Use Plan to have the entire 7 acre parcel
rezoned to R-3U.
Mayor Abramowitz asked what it would entail to rezone the entire parcel to residential.
Ms. Carpenter said Council would need to direct the Planning Staff to prepare an application for a County
Land Use Plan amendment to change the parcel from its commercial designation to a residential
designation. She said that application would have to go through a City Land Use Plan amendment process,
which would go through a public hearing at the Planning Commission, two public hearings at the City
Council and, if it were approved, then that would stand as a recommendation and a request to Broward
County to amend its Plan.
Ms. Carpenter said it would then go through some other process through the County such as hearings with
the Broward County Planning Council and with the Broward County Board of Commissioners. She said the
entire process takes approximately 18 months. She said after this process is completed, the City would then
be in the position to request to rezone the property to residential or, assuming the property owner was in
agreement at that time, then they could request the rezoning.
Mayor Abramowitz asked what happens if they are not in agreement and Ms. Carpenter said if it gets
amended to residential, the situation would be the same as at present, where the City must rezone it to a
category which matches the Land Use Plan.
Ms. Carpenter said the City is at a zoning to conformity issue at present and the City needs to zone the
parcel to a category which matches the Land Use Plan. She said if it is the City's intent to say that the Land
Use Plan is incorrect, that is an action which follows the rezoning which is in conformity with the Plan. She
said Council could direct Staff to begin with the Land Use Plan amendment.
C/M Katz asked if Council has to deny this action before taking that step.
Ms. Carpenter said her recommendation is for Council not to deny this request; however, Council should
direct Staff to proceed with steps to amend the Land Use Plan if Council has the desire to do so. She said it is
also her recommendation that the City is bound to rezone to conformity with the current Land Use Plan
which is a commercial designation.
Mayor Abramowitz asked what happens in the future if Council approves the rezoning to conformity to B-1
at present and proceeds to change the Land Use Plan to residential and succeeds.
Ms. Carpenter said if the land is not built on, the City will be required to rezone to an appropriate residential
category because the Land Use Plan would have a residential designation.
C/W Glasser asked what happens if Council approves the rezoning at present and direction is given to begin
proceedings to make an amendment to the Land Use Plan and Leadership Housing sells or builds on the site
before the change of the Land Use Plan is completed.
Ms. Carpenter said Leadership Housing would be permitted to build along with the B-1 zoning; however, it is
extremely unlikely that this would happen. She said it takes approximately 18 months to record a plat after
the time that the County Commission approves it which is approximately the same amount of time for a
Land Use Plan amendment.
Mayor Abramowitz said the time frame is a key part of this. He said it takes 18 months to go through the
process and takes 18 months for the Land Use Plan amendment.
C/M Katz said he wants to avoid a situation where a developer builds on the land and the City still does not
want it and will be forced to pay for something not wanted.
C/W Glasser asked what the City will be accountable for if this is denied by Council.
City Attorney Ruf said he feels uncomfortable with a Court Recorder in the audience as well as being
sensitive to advise Council to do something and if Council does not comply, then the members of Council
open themselves up for personal liability. He said in another City that he represents, the Council people did
not follow the advice of the City Attorney and are now being sued individually. He recommended that if
Council would like to pursue this discussion, it be done on an individual basis.
C/M Katz asked if Council should Table this item in order to act on amending the Land Use Plan.
City Attorney Ruf said the Petitioner has a right to a decision either in favor or in opposition to the petition.
He said the City Planner and the City Attorney recommend that Council do not deny the petition; however,
there may be a middle ground for a short period of time to listen to the public, because it has been set for
public discussion. He said it can be Tabled to a specific date and the City Planner or City Attorney directed to
meet with the developer's attorneys to see whether or not the City could have a joint strategy to which they
would agree. He said Council could then direct City Staff to initiate a Land Use Plan amendment.
C/M Schumann asked if this is considered to be one or two parcels and Ms. Carpenter said one.
Ms. Carpenter said on the plat it is considered one parcel but what is before Council is a little piece that is
zoned differently.
C/M Schumann asked if the Petitioner can proceed with development after platting without having this
portion of land.
Ms. Carpenter said the Petitioner has a 5 acre commercial piece of land at present.
Mayor Abramowitz said this is first reading. He said nothing happens until Council holds another public
hearing and it is acted upon again. He said he wants to handle this in the proper fashion to limit the liability
to everyone concerned. He said there are five acres that the City cannot change. He asked if Council were to
approve this on first reading, when must it come up for second reading.
City Attorney Ruf said it does not have to come up for second reading at the next meeting and Staff would
prefer that it does not because Ms. Carpenter will not be present for the next meeting. He said Council
could pass it on first reading and set the second reading for the second meeting in June.
Mayor Abramowitz asked if the meeting has to be set for the second meeting in June.
City Attorney Ruf said the meeting in July will be the last meeting before Council's break.
Joe Schreiber, resident of Kings Point, requested Council deny this application. He said the history of
Leadership Housing shows that they have developed a lot of the area in the City; however, they sold off a
large portion of the land to Lennar Homes. He said they want to rezone this small portion of land in order to
sell the property. He said this property abuts the Sawgrass Expressway from McNab Road to Southgate
Boulevard. He said NW 108 Terrace is presently overburdened with traffic coming from the various
communities surrounding it. He said Lennar Homes is developing Trent and Granville which will add another
800 units. He said in a period of five years, the City will have over 2,000 dwelling units operating and using
an accessory road that runs only from Nob Hill Road to McNab Road.
Mr. Schreiber said according Section 163 of the Florida Statutes, the City can request that the Land Use Plan
be amended which can be done by the Planning Commission. He read a portion of Section 163 from the
Florida Statutes.
Mayor Abramowitz said if this land is rezoned to residential, there will be five times the amount of people
and traffic in that area.
Charles Nicholas, resident of Devon, said Devon is located parallel to NW 108 Terrace and across from the
2.202 acres petitioning for rezoning. He said he heard the rights of the Petitioner for the rezoning and that
he need not reveal what will be constructed there. He suggested this item be Tabled and the City apply for a
Land Use Plan to be amended to residential.
Terry Hobmeier, resident of the Isles of Tamarac, said the peach colored mall and the Scotty's mall have
been empty for a long time. She said the City does not need any more stores.
Ed Stacker, Attorney for Leadership Housing, Inc., said he would like the opportunity to respond to any
questions regarding this. He said this is a complicated process; however, Ms. Carpenter explained very
clearly the obligation of government to adopt a Comprehensive Plan to include a future Land Use Plan
element and designate all of the property within the City's jurisdiction in a category on a map that can be
used for future planning of a municipality.
Mr. Stacker said Ms. Carpenter explained that under State Law, a municipality has an obligation to rezone
property in conformity with their master, future Land Use Plan. He said it has been less than two years since
Tamarac went through a Comprehensive Plan amendment process. He said he assumes that there were
many public hearing opportunities during that process, at which time property owners could look at the
overall future land use map of the City and decide to make changes.
Mr. Stacker said Leadership Housing, Inc., has confirmed that the commercial zoning that exists at this
location has been in place since 1976. He said Leadership Housing, Inc., is sympathetic with the public's
concerns, but urges Council to move forward in accordance with the legal requirements that the courts and
legislature have found that a property owner is entitled to. He said Council recognized the right and
entitlement of an applicant for rezoning to have their petition considered.
Mr. Stacker said Section 24-67 of the Code states that the City Council must act upon an application for
rezoning within ten days of the date of the public hearing held for that rezoning. He said it also states that
Council may extend time for action on a rezoning application for an additional period not to exceed 60 days.
Mr. Stacker said this item was reviewed in February, 1991, by the Planning Commission, was advertised by
the City Clerk and a public hearing was scheduled for April 10, 1991. He said this petition is getting into the
time that the Code affords the City to consider a rezoning petition. He suggested Council take action on first
reading at this meeting and at an upcoming meeting in the near future, finalize any action to be taken.
Mr. Stacker said Leadership Housing, Inc., has a 70 acre parcel which has been designated for many years on
the County and City Land Use Plans as commercial. He requested the 2.202 acres be rezoned to the least
commercial zoning district. He said he understands the interest in initiating a Land Use Plan amendment;
however, it seems to be clear that one does not decide in the midst of consideration of a petitioner's
application that perhaps it would be a good idea to delay action on a petition in order to deny the request
after a Land Use Plan amendment. He said property must be platted in order to develop and in order to plat
the property, the zoning must be in conformity with the land use.
C/M Katz said he has not changed his position as to the Land Use Plan amendment from what his feelings
were prior to his election to the Council.
Leon Weintraub, resident of Kings Point, said the City is dealing with the County Land Use Plan from 1976
which is an archaic plan.
TAPE 4
Mr. Weintraub said Tamarac has grown since 1976. He suggested that the Council investigate thoroughly as
to what the City can do to continue to have a residential area in the City prior to any changes being made.
He said he feels that once Council makes an exception, there will be many more to follow.
Joe Schreiber, resident of Kings Point, asked if the representative of Leadership Housing stated in front of
the Planning Commission, that they had no intentions to develop this land but to sell it.
Mr. Stacker said it is no secret that Leadership Housing, Inc., is not a builder.
V/M Bender said he does not feel comfortable being pressured and Council should Table and review this
more thoroughly.
V/M Bender MOVED to TABLE Temp. Ord. #1536, SECONDED by C/M Katz.
Mr. Stacker said he would like to make clear how long is provided for a Tabling of this item as per the Code.
Mayor Abramowitz requested the Tabling be withdrawn for Council discussion and V/M Bender agreed.
C/M Schumann said the Petitioner has a 5 acre portion of land which is already zoned B-1 and if the
Petitioner wants to build or do anything with this property, he may do so as long as it conforms to B-1
zoning. He said he does not feel there would be any damage to the residents by increasing this from 5 to 7
acres. He said he cannot see penalizing the Petitioner for what some other developer is doing in the area to
create traffic problems. He said there is nothing to stop this Petitioner from developing his current 5 acres.
Mayor Abramowitz said nothing can happen on first reading. He said it can be denied on second reading. He
said Council does have to worry about the costs arising from action taken against the City.
Jesse Sompolinsky, resident of the Isles of Tamarac, said Leadership Housing, Inc., wants to sell this property
and he feels Leadership Housing, Inc., is not concerned with the residents or the area in Tamarac.
David Lichjen, resident of the Isles of Tamarac, said he feels a 5 acre parcel may not be saleable when it is
bordered by a little strip of land; however, when adding the additional 2.202 acres, the 5 acres turns into 7
which may be a more saleable status.
Abe Garr, resident, said the Planning Commission voted to approve Item 18, but voted to deny Items 19 and
20.
Mayor Abramowitz said officials are elected to make difficult decisions and on many occasions the Planning
Commission has recommended to deny a request of an applicant and the Council has had different opinions.
Charles Nicholas, resident of Kings Point, said the residents do not want a commercial section in that area
and suggested a Tabling of this item to amend the Land Use Plan.
V/M Bender MOVED to TABLE Temp. Ord. #1536, SECONDED by
C/W Glasser.
City Attorney Ruf suggested this Item be Tabled to the next regular meeting and, if necessary, a special
meeting can be called to be in accordance with the Code.
VOTE: C/M Schumann - NAY
C/W Glasser - AYE
V/M Bender - AYE
C/M Katz - AYE
Mayor Abramowitz - AYE
20. a. PUBLIC HEARING - MOTION TO ADOPT Temp. Ord. #1537 on second reading
concerning a request by LEADERSHIP HOUSING, INC., to rezone a 6.331 acre parcel
between the Sawgrass Expressway and NW 108 Terrace, north of McNab
Road, from R-3U (Row House) and I-1(Institutional/Educational)
to RM-10 (Planned Apartments) to conform to the Broward County Land Use Plan. Petition
#18-Z-91 (Public Hearing tabled on 5/8/91)
b. MOTION TO ADOPT Temp. Reso.#6067 approving a Declaration of Covenants and
Restrictions pertaining to uses and maintenance requirements of property platted as
LAND SECTION 6 NORTH.
ORDINANCE O-91-16-PASSED
SYNOPSIS OF ACTION: RESOLUTION R-91-101-PASSED
Public Hearing held.
APPROVED 20.a. on second and final reading.
APPROVED 20.b. as amended to increase the minimum square footage of each unit from 700 square feet to
800 square feet.
20.a. City Attorney Ruf read Temp. Ord. #1537 by title.
C/M Katz MOVED to APPROVE Temp. Ord. #1537, SECONDED by
C/M Schumann.
Ms. Carpenter said this is an application by Leadership Housing, Inc., to rezone parcels which are currently
zoned R-3U and I-1 (Institutional-Educational) to RM-10. She said the property is located on the west side of
NW 108 Terrace between Southgate Boulevard and McNab Road. She said the Planning Commission voted
to recommend denial of this application at its February 20, 1991 meeting. She said the applicant is
requesting this rezoning so that it can have one zoning designation on its entire parcel. She said the land use
designations on this parcel are low-medium, 6 to 10 dwelling units to the acre and medium, 10 to 15
dwelling units to the acre in different pieces.
Ms. Carpenter said the zoning request is RM-10 which is 10 dwelling units to the acre and is in conformity
with both Land Use designations. She said the applicant is in the process of requesting plat approval on this
parcel and the plat will be before Council, depending upon what happens with this rezoning case. She said
the surrounding land uses are as follows: north-low, medium residential, 6 to 10 dwelling units to the acre
zoned R-3U; east-medium density residential, 10 to 15 dwelling units to the acre and is permitted at 8.5 by
the zoning category, but developed at 15 per court order; south- S-1; west-transportation to the Sawgrass
Expressway.
Ms. Carpenter said this application is consistent with the County and City Land Use Plans and Staff
recommends approval. She said there is an Item b. to this application and the applicant has proposed
voluntary covenants and restrictions in which they have stated their intention to allow nothing smaller than
a 700 square foot unit, using the RM-10 zoning category.
Mayor Abramowitz said he has a listing of the surrounding neighborhood dwelling sizes.
Mr. Stacker said the proposed rezoning to RM-10 permits a minimum of 500 square feet per unit and
Leadership Housing, Inc., has agreed to restrict their minimum to 700 square feet per unit.
Mayor Abramowitz said he has a list of everything that will be built in Kings Point and the smallest dwelling
being built in Kings Point is 919 square feet. He said the majority of Kings Point dwellings are 1,200 to 1,800
square feet. He asked if Leadership Housing, Inc., would be willing to raise the square footage of these
dwellings in order to be compatible with the area.
Mr. Stacker said he feels that in order to have the appropriate opportunity on Leadership Housing's part to
fully air this request on second reading to Council, this would not be in the best interest of Leadership
Housing, Inc. He said Leadership Housing, Inc., submitted a voluntary declaration restricting the square
footage and it may be that the Code has an outdated minimum square footage requirement.
Mayor Abramowitz said Kings Point has been deeded to 400 square feet as per court order.
Mr. Stacker said he feels that marketing of the product has resulted in the size of the units. He said
Leadership Housing, Inc., has no plans at present for this rezoning to obtain a site plan approval. He said the
request from the City to consider a 700 foot minimum was one that Leadership Housing, Inc., would have
little difficulty using in the future as a marketing tool. He said a property owner does not prefer
encumbrances on the property that runs with the land that further tie the hands and provide for less
flexibility as to what is ultimately developed.
Mr. Stacker said the parallel of the 700 square feet came from a parcel where a restriction came forward on
Tract 24. He said he feels there may be a misunderstanding as to the intensity of the rezoning being
discussed. He said Leadership Housing, Inc., has a 26 acre parcel to the north of the strip of property that is
the subject of this rezoning that is zoned R-3U and the R-3U district provides for a minimum of 800 square
feet. He said 4 acres of the I-1 property and 2 acres of the R-3U property have been requested to be rezoned
to the RM-10 zoning category.
Mr. Stacker said the preference of Leadership Housing, Inc., is to avail themselves of the City's zoning
districts. He said he is not in the position to agree to a 900 square foot minimum.
Mayor Abramowitz asked what would be the reason for the Council to agree to give Leadership Housing,
Inc., permission to down-size the apartments.
Mr. Stacker said he has no problem with the minimum square footage being consistent with that which is
permitted on the 26 acres.
Mayor Abramowitz asked to be compatible with the area with a minimum of 900 square feet and Mr.
Stacker said Leadership Housing, Inc., has no difficulty agreeing to 800 square feet, which is 300 square feet
above the minimum in the RM-10 district and is the square footage permitted in the R-3U district.
Mr. Stacker said the property which is being requested to be rezoned is I-1. He said there are 26 acres of R-
3U property and Leadership Housing, Inc., will not agree to 900 square feet. He said he feels that this zoning
is comparable to the density of Kings Point.
Milton Siegel, President of the Isles of Tamarac, said the residents of the Isles of Tamarac are concerned with
the traffic in this area. He said there are two main streets that must be used to come in and out of the
community which are NW 70 Street and NW 71 Place. He said there are 284 homes in the Isles of Tamarac
and 290 units in Kings Point Ashmont, 440 units in Clairmont, 352 units in Fairfax and 323 units in Devon
which cause these two streets to be heavily trafficed. He said there are over 1,600 vehicles using these two
streets plus the everyday business traffic with the bulk of the traffic using NW 71 Place.
Mr. Siegel said these two streets are only two lane community streets and are not main thoroughfares. He
said NW 71 Place also has a flooding problem which remains flooded for 24 to 48 hours. He said the
residents realize that the mistakes that have been made are from previous administrations; however, the
residents request Council consideration for this situation and not to add to the present conditions and
problems in the area.
Mr. Siegel said the residents on NW 71 Place have suffered heavy traffic, flooded streets, mailboxes knocked
down, a two to five minute wait to get out of their driveways and traffic using their driveways to make turns.
He said Kings Point is beginning to construct Granville which will probably add an additional 300 units to the
area causing more traffic to an area already over trafficed. He said the residents understand that the City
can use the tax revenue; however, the people moved to Tamarac for peace and tranquility.
TAPE 5
Mr. Siegel said there is a serious problem and the Council must find a solution for this situation. He
suggested the following for consideration by Council:
1. Low density in the area which would be R-1, R-1B or R-1C with the same type of
units that are in Coral Palms located on
NW 88 Avenue and with green space between each unit.
2. Close the cut on the median at NW 108 Terrace and NW 71 Place to prevent
left turns onto NW 71 Place.
3. After the rezoning, permit the representatives of Kings Point sit in to hear the
plans of the developer and the City and permit input from the representatives of Kings Point.
Mayor Abramowitz said the public is invited to all meetings.
Abe Garr, resident of Kings Point, said he feels it would be good to build something that would be
comparable to Kings Point and it would make everyone happy.
Terry Hobmeier, resident of the Isles of Tamarac, said the minimum of 800 square feet for a planned
apartment is not very large and will destroy the entire concept of the area bordering it and will increase the
traffic in this area. She said she feels that planned apartments will create more problems in the area.
Leon Weintraub, resident of Kings Point, expressed his concern of low cost housing.
Jesse Sompolinsky, resident, said the City must consider the density in the application by the Petitioner. He
said there is pollution involved from the vehicles. He said Ft. Lauderdale and Hollywood are contributing to
the pollution in Tamarac since the prevailing winds bring this pollution to Tamarac. He said he does not feel
that denying this application will destroy the quality of life in Tamarac.
Anthony Grimaldi, resident of Sunflower Heathgate, said the residents cannot deny people from coming to
Tamarac to live. He said the residents cannot curtail the production or development of Florida or the area
cities. He said he feels this situation with Leadership Housing should be resolved without so much fanfare.
C/M Katz asked if Council accepts Item 19.a., will there be no bearing on the amount of square footage and
City Attorney Ruf agreed.
VOTE: V/M Bender - AYE
C/M Katz - AYE
C/M Schumann - AYE
C/W Glasser - AYE
Mayor Abramowitz - NAY
20.b. City Attorney Ruf read Temp. Reso. #6067 by title.
C/M Schumann MOVED to APPROVE Temp. Reso. #6067, SECONDED by
V/M Bender.
Mr. Stacker said Leadership Housing Inc., will voluntarily increase the minimum square footage restriction to
800 square feet and the appropriate documents will be executed.
C/M Katz MOVED to AMEND Temp. Reso. #6067 from 700 square feet to 800 square feet minimum size and
retain the same density, SECONDED by
V/M Bender.
VOTE: C/W Glasser - AYE
V/M Bender - AYE
C/M Katz - AYE
C/M Schumann - AYE
Mayor Abramowitz - NAY
Ms. Carpenter said this is a set of Declaration of Covenants and Restrictions which Leadership Housing, Inc.,
has voluntarily brought forward to the City in which they state that the minimum square footage of the units
that will be on this parcel will be 700 square feet. She said Mr. Stacker stated that Leadership Housing, Inc.,
is willing to amend this to 800 square feet minimum.
C/M Schumann MOVED to APPROVE Temp. Reso. #6067 as amended, SECONDED by C/M Katz.
VOTE: C/M Schumann - AYE
C/M Katz - AYE
V/M Bender - AYE
C/W Glasser - AYE
Mayor Abramowitz - NAY
21. a. PUBLIC HEARING - MOTION TO ADOPT Temp. Ord. #1538 on second reading
concerning a request by LEADERSHIP HOUSING,INC., to rezone a 1.838 acre parcel
between the Sawgrass Expressway and NW 108 Terrace, 1347-feet north of McNab
Road, from R-3U (Row House) and I-1 (Institutional/Educational) to RM-
10 (Planned Apartments) to conform to the Broward County Land Use Plan.
Petition #19-Z-91 (Public Hearing tabled on 5/8/91)
b. MOTION TO ADOPT Temp. Reso.#6068 approving a Declaration of Covenants and
Restrictions pertaining to uses and maintenance requirements of property platted as
LAND SECTION 6 SOUTH.
ORDINANCE O-91-17-PASSED
SYNOPSIS OF ACTION: RESOLUTION R-91-102-PASSED
Public Hearing held.
APPROVED 21.a. on second and final reading.
APPROVED 21.b. as amended to increase the minimum square footage of each unit from 700 square feet to
800 square feet.
21.a. City Attorney Ruf read Temp. Ord. #1538 by title.
C/M Schumann MOVED to APPROVE Temp. Ord. #1538, SECONDED by
C/M Katz.
Ms. Carpenter said this is an application by Leadership Housing, Inc., to rezone parcels along NW 108
Terrace from R-3U and I-1 to RM-10. She said all of the facts are the same as in Item 20. She said the
applicant has sent the City their voluntary deed restrictions which would limit the unit size to the minimum
of 700 square feet.
Mr. Stacker said Leadership Housing, Inc., will agree to the 800 square feet minimum.
Jesse Sompolinsky, resident, asked why the applicant will not go to 900 square feet. He said all of the units
and private homes are in excess of this amount of square footage. He said the neighborhood has a density
problem which will get worse. He requested Council deny this application.
Herb Goldstein, resident of Kings Point, said he observed some surveyors on the subject parcel. He asked
why the surveyors were present and Mr. Stacker said he does not know of any surveyors.
Ms. Carpenter said the City had people counting traffic on NW 108 Terrace and the City did not do any
surveying.
Mayor Abramowitz requested this be investigated.
Mr. Stacker said there is a small strip of land between the north and south parcel that Leadership Housing,
Inc., owns which is under the ownership of Lennar Homes, Inc. He said he would be aware of any activities
on Leadership Housing's part.
VOTE: C/M Katz - AYE
C/M Schumann - AYE
C/W Glasser - AYE
V/M Bender - AYE
Mayor Abramowitz - NAY
21.b. City Attorney Ruf read Temp. Reso. #6068 by title.
Mr. Stacker said Leadership Housing, Inc., will agree to modify the declaration by increasing the minimum
square footage size to 800 square feet.
C/M Katz MOVED to AMEND Temp. Reso. #6068 to increase the deed restriction from 700 to a minimum of
800 square feet retaining the same density, SECONDED by C/M Schumann.
VOTE: C/M Schumann - AYE
C/W Glasser - AYE
V/M Bender - AYE
C/M Katz - AYE
Mayor Abramowitz - NAY
C/M Katz MOVED to APPROVE Temp. Reso. #6068 as amended, SECONDED by C/M Schumann.
VOTE: ALL VOTED AYE
Mayor Abramowitz RECESSED and RECONVENED this meeting at 12:21 p.m. with all present.
General Administrative
22. PUBLIC HEARING - MOTION TO ADOPT Temp. Ord. #1539 on second reading to amend Chapter
14 of the Code to revise the parking ticket fees (Public Hearing tabled on 5/8/91).
SYNOPSIS OF ACTION: ORDINANCE O-91-18-PASSED
Public Hearing held.
APPROVED on second and final reading.
City Attorney Ruf read Temp. Ord. #1539 by title.
C/M Katz MOVED to APPROVE Temp. Ord. #1539, SECONDED by
V/M Bender.
City Manager Kelly said this is a change in the parking fees which changes the number of fines, increases the
fines and provides for going through the court system as it is necessary. He said he feels this is warranted.
Mayor Abramowitz OPENED and CLOSED the Public Hearing with no response.
VOTE: ALL VOTED AYE
23. PUBLIC HEARING - MOTION TO ADOPT Temp. Ord. #1544 on second reading establishing a
service charge for processing requests for lien information and preparation.
SYNOPSIS OF ACTION: ORDINANCE O-91-19-PASSED
Public Hearing held.
APPROVED on second and final reading.
City Attorney Ruf read Temp. Ord. #1544 by title.
C/M Katz MOVED to APPROVE Temp. Ord. #1544, SECONDED by
V/M Bender.
City Manager Kelly said the City Clerk's Office receives numerous requests for lien searches which requires
additional time for Staff. He said this will provide additional revenue for the City. He said a survey was done
on the surrounding cities and many charge for these searches at a higher rate.
Mayor Abramowitz OPENED and CLOSED the Public Hearing with no response.
VOTE: ALL VOTED AYE
24. PUBLIC HEARING - MOTION TO ADOPT Temp. Ord. #1543 on second reading to adopt Parts I and
II of Chapter 162, Florida Statutes, concerning the Code Enforcement Board.
SYNOPSIS OF ACTION: ORDINANCE O-91-20-PASSED
Public Hearing held.
APPROVED on second and final reading.
City Attorney Ruf read Temp. Ord. #1543 by title.
V/M Bender MOVED to APPROVE Temp. Ord. #1543, SECONDED by
C/W Glasser.
C/M Katz suggested City Manager Kelly meet with Steve Oxenhandler, Director of Development Services, to
hold a seminar with the Code Enforcement aides to inform them that they do not have to cite and do not
have to go along with Section 2 of Article 162 and that they can have an option. He said he feels an
education would be well served for the City. He said this will help pay for the budget of that department and
would eliminate a time period of dirty housekeeping.
Mayor Abramowitz OPENED and CLOSED the Public Hearing with no response.
VOTE: ALL VOTED AYE
25. PUBLIC HEARING - MOTION TO ADOPT Temp. Ord. #1545 on second reading to repeal Section
24-61 in its entirety and to create a new Section 24-61 providing for the creation of a Planning
Commission consisting of seven (7) members and two (2) alternate members.
SYNOPSIS OF ACTION: ORDINANCE O-91-21-PASSED
Public Hearing held.
APPROVED on second and final reading.
City Attorney Ruf read Temp. Ord. #1545 by title.
V/M Bender MOVED to APPROVE Temp. Ord. #1545, SECONDED by
C/M Schumann.
Mayor Abramowitz said a seminar was held with the new members of the Planning Commission. He said all
of the applicants were asked if they would have the ability to attend this seminar during their interviews and
everyone indicated they could; however, the alternate had not attended this seminar.
C/M Katz commended the Council on their choices.
Mayor Abramowitz OPENED and CLOSED the Public Hearing with no response.
VOTE: ALL VOTED AYE
26. PUBLIC HEARING - MOTION TO ADOPT Temp. Ord. #1546 on second reading amending
Ordinance 76-57 which granted Florida Power and Light Company and its successors an electric franchise.
SYNOPSIS OF ACTION: ORDINANCE O-91-22-PASSED
Public Hearing held.
APPROVED on second and final reading.
City Attorney Ruf read Temp. Ord. #1546 by title.
V/M Bender MOVED to APPROVE Temp. Ord. #1546, SECONDED by
C/M Schumann.
V/M Bender said this is an Ordinance revision which previously permitted FP&L to pay County real estate
taxes and personal property taxes and then deduct it from the franchise fees that they were supposed to
pay the City. He said FP&L was not paying Tamarac any franchise fees, real estate taxes or personal property
taxes. He said this is to correct an error from the past in the franchise agreement with FP&L.
Mayor Abramowitz said in discussing this at a previous meeting, it was indicated that there was a desire to
join Hollywood in their litigation.
V/M Bender said he sent a memo to City Attorney Ruf requesting that he investigate the probability of the
City joining Hollywood in their law suit which would be at a minimum amount of legal expense to the City.
Mayor Abramowitz said this was discussed by the Board of Directors of the Broward League of Cities and the
Attorney for Hollywood presented his case and the other 27 cities told him to go for it and after Hollywood
wins their case, the others would follow.
V/M Bender said $150,000.00 is Hollywood's figure. He said this Ordinance has nothing to do with the
Hollywood litigation.
Mayor Abramowitz OPENED and CLOSED the Public Hearing with no response.
VOTE: ALL VOTED AYE
END OF PUBLIC HEARINGS
12. a. MOTION TO ADOPT Temp. Reso. #6061 approving a plat entitled LAND
SECTION 6 - NORTH PLAT.
b. MOTION TO ADOPT Temp. Reso. #6062 approving Development Order #276 and
associated documents for LAND SECTION 6 - NORTH PLAT. (located between the Sawgrass
Expressway and NW 108 Terrace, north of McNab Road)
RESOLUTION R-91-94-PASSED
SYNOPSIS OF ACTION: RESOLUTION R-91-95-PASSED
APPROVED 12. a. & b.
12.a. City Attorney Ruf read Temp. Reso. #6061 by title.
V/M Bender MOVED to APPROVE Temp. Reso. #6061, SECONDED by
C/M Katz.
Ms. Carpenter said this is an application by Leadership Housing, Inc., for plat approval. She said the site is
33.57 acres on the northwest corner of Land Section 6 running along the Sawgrass Expressway. She said one
of the rezoning cases heard in this meeting is incorporated into this including additional property. She said
Parcel A is low-medium density residential, 6 to 10 dwelling units to the acre and Parcel B is medium density
residential, 11 to 15 dwelling units to the acre. She said the applicant has proposed R-3U on Parcel A and on
Parcel B is the RM-10 with the 800 square foot minimum.
Ms. Carpenter said the Planning Commission recommended denial of this plat application due to the zoning
issue. She said the applicant proposes to limit the plat to 237 townhouses and a note on the plat will reflect
this. She said the applicant has paid all of the required fees to the City and will enter into several
agreements with the City which are included in Item 12.b. She said it is required that all public services and
facilities are paid at the time of site plan approval or at the time that the development will demand those
facilities.
Ms. Carpenter said this agreement is in a form that will be recorded in the Public Records of Broward County
and the Staff and the Site Plan and Plat Review Committee recommend approval of this final plat, subject to
the Findings of Fact.
C/M Katz asked if the term "townhouses" is generic and can be used for apartments or condos and Ms.
Carpenter said, yes.
VOTE: ALL VOTED AYE
12.b. City Attorney Ruf read Temp. Reso. #6062 by title.
C/M Katz MOVED to APPROVE Temp. Reso. #6062, SECONDED by
C/M Schumann.
Ms. Carpenter said these are all of the agreements which include a Development Review Agreement, a
Blanket Public Safety Ingress/Egress Easement, a Blanket Flow Through Easement, and a Water Retention
Agreement.
C/M Schumann was excused from the meeting at 12:40 p.m.
VOTE: ALL VOTED AYE
13. a. MOTION TO ADOPT Temp. Reso. #6063 approving a plat entitled LAND
SECTION 6 - SOUTH PLAT.
b. MOTION TO ADOPT Temp. Reso. #6064 approving Development Order #277 and
associated documents for LAND SECTION 6 - SOUTH PLAT. (located between the Sawgrass
Expressway and NW 108 Terrace, 1347-feet north of McNab Road)
SYNOPSIS OF ACTION:
TABLED 13. a. & b.to June 12, 1991 Regular Council Meeting.
13.a. City Attorney Ruf read Temp. Reso. #6063 by title.
C/M Katz MOVED to APPROVE Temp. Reso. #6063, SECONDED by
V/M Bender.
Ms. Carpenter said Staff recommends that Items 13.a. and 13.b. be deferred due to Council Tabling Item 19
on the zoning.
C/W Glasser MOVED to TABLE Temp. Reso. #6063 and Temp. Reso. #6064, SECONDED by V/M Bender.
VOTE: ALL VOTED AYE
14. a. MOTION TO ADOPT Temp. Reso. #6058 approving a plat entitled LAND
SECTION 8 PLAT.
b. MOTION TO ADOPT Temp. Reso. #6065 approving Development Order #278 and
associated documents for LAND SECTION 8 PLAT. (located on the northeast corner of
Commercial Boulevard and Nob Hill Road)
RESOLUTION R-91-96-PASSED
SYNOPSIS OF ACTION: RESOLUTION R-91-97-PASSED
APPROVED 14. a. & b.
14.a. City Attorney Ruf read Temp. Reso. #6058 by title.
C/W Glasser MOVED to APPROVE Temp. Reso. #6058, SECONDED by
V/M Bender.
Ms. Carpenter said this is an application by Leadership Housing, Inc., for the final plat approval for Land
Section 8. She said this is a 111.67 acre site in the south half of Land Section 8 which is on the east side of
Nob Hill Road, north of Commercial Boulevard. She said there are two land use designations on this plat.
She said Parcels A and B are low density residential, 6 to 10 dwelling units to the acre and Parcel C, is the
commercial piece that was approved as Item 18 on this agenda, which is B-2.
Ms. Carpenter said the applicant proposes to limit the plat to the following uses: 827 townhouses on 105.77
acres and 77,000 square feet of planned community business which is B-2. She said the note on the plat
reflects these limits. She said the applicant is required to dedicate land or pay fees in lieu of land per
residential plats at the time of plat approval. She said the City has received these fees from the applicant.
She said this plat approval does not constitute a City concurrency review. She said the plat is located in a
County compact deferral area and an action plan may be required prior to the County approving the plat.
She said the Planning Commission, Staff and the Site Plan and Plat Review Committee recommend approval
of this plat subject to the Findings of Fact.
VOTE: ALL VOTED AYE
14.b. City Attorney Ruf read Temp. Reso. #6065 by title.
TAPE 6
C/W Glasser MOVED to APPROVE Temp. Reso. #6065, SECONDED by
V/M Bender.
Ms. Carpenter said these are the agreements as read in Item 12.b.
VOTE: ALL VOTED AYE
General Administrative
27. MOTION TO ADOPT Temp. Ord. #1548 on first reading amending Article II of Chapter 12 of
the Code pertaining to registration of certain personnel operating within the City of Tamarac pursuant to
166.0443, Florida Statutes.
SYNOPSIS OF ACTION:
APPROVED on first reading. Public hearing and second reading will be held on June 12, 1991 at 7:30 p.m.
City Attorney Ruf read Temp. Ord. #1548 by title.
V/M Bender MOVED to APPROVE Temp. Ord. #1548, SECONDED by
C/W Glasser.
City Manager Kelly said this is to address the way the City is currently operating. He said the Police
Department used to handle this, but it is currently being handled by the Personnel Department and it
deletes service station people and adds Financial Advisors and Mortgage Brokers. He said this puts the City
in conformity.
City Attorney Ruf said this brings the Code in conformance with the State Statutes.
VOTE: ALL VOTED AYE
28. MOTION TO ADOPT Temp. Ord. #1547 on first reading amending Section 6-35 of the Code
revising charges for reprints, photocopies and/or duplication of public documents.
SYNOPSIS OF ACTION:
APPROVED on first reading. Public hearing and second reading will be held on June 12, 1991 at 7:30 p.m.
City Attorney Ruf read Temp. Ord. #1547 by title.
C/M Katz MOVED to APPROVE Temp. Ord. #1547, SECONDED by
V/M Bender.
VOTE: ALL VOTED AYE
REPORTS
29. City Council
C/M Katz - No report.
C/W Glasser - No report.
V/M Bender - No report.
Mayor Abramowitz said Council received documents for City Manager Kelly to investigate.
30. City Manager
City Manager Kelly said the garbage rates effective June 1, 1991 will increase as follows:
Single Family - From $9.96 to $14.24
Condos - From $4.91 to $ 7.16
City Manager Kelly said there is a comparison survey of the neighboring cities is being done by Coconut
Creek.
With no further business, Mayor Abramowitz ADJOURNED this meeting at 12:45 p.m.
NORMAN ABRAMOWITZ
MAYOR
CAROL A. EVANS
CITY CLERK
"This public document was promulgated at a cost of $326.94 or $7.27 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 Council Regular Meeting
5/22/91/KJ
Page page \* arabic1
City Council Regular Meeting
5/22/91/KJ
Page page \* arabic1
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