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C ITY OF TAMARAC
CITY COUNCIL REGULAR MEETING
WEDNESDAY, JULY 10, 1991
CALL TO ORDER: Mayor Abramowitz called this meeting to order on Wednesday, July 10, 1991 at 7:00 p.m.
in the Council Chambers of City Hall.
PRESENT:
Mayor Norman Abramowitz
Vice Mayor Dr. H. Larry Bender
Councilwoman Diane Glasser
Councilman Irving Katz
Councilman Henry Schumann
ALSO PRESENT:
John P. Kelly, City Manager
Chris Carsky, 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 a healthy summer for everyone.
******************************************************************
PUBLIC PARTICIPATION
1. 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.
Melanie Reynolds, resident, said in 1988, Council withdrew a 6% Utility Tax proposal and borrowed
$500,000.00 from the Utility Fund and justified it by quoting a Resolution that had been passed at the time
the water and sewer revenue bonds were issued.
Ms. Reynolds said she was surprised when City Manager Kelly moved the Purchasing Department out of City
Hall without Council approving it and without any reference to the Resolution that was passed when the
City Hall bonds were issued. She said the bonds cover the design and construction of City Hall, but also the
furniture, furnishings and equipment. She said she feels Council has been derelict in carrying out their
duties by allowing City Manager Kelly to make any changes in City Hall. She said a review of the Resolution
may mean that Council will have to restore the Department and equipment to City Hall.
Ms. Reynolds said the provisions of the Resolution are for the sole and exclusive benefit of the City and of
the bond holders. She said she feels that by Council allowing the City Manager to make such decisions, they
did not determine if such decisions are legal and for the benefit of the City and the bond holders. She said
she feels that Council should see that the integrity of the bonds, City and Council are upheld and that
neither City Manager Kelly nor any Staff member has any power to make any changes while Council is on
vacation, except in accordance with the Law and pertinent Resolutions.
Nathan Peretzman, resident, read portions of verbatim minutes from the June 26, 1991 Regular Council
meeting. He said Broward County provides the ambulance service for the City. He said there is a contract
between Tamarac and Medics Ambulance Service. He requested the proof that can be verified of the
amount of money spent by the City for the ambulance service. He said he pays for every tape and every
verbatim transcript that he requests.
Mr. Peretzman read further from the minutes and requested Mayor Abramowitz show proof as to where in
the Code it prevents him from being involved. He said no carrier is allowed to refuse transportation for 911
emergency patients because of no availability of insurance coverage or ability to pay.
Mr. Peretzman read portions of verbatim minutes from the February 27, 1991 Regular Council meeting. He
asked if Tamarac would have made a contract with Medics Ambulance Service if the City did not have two
idle ambulances worth $88,000.00. He said Mayor Abramowitz wants to present a Referendum to the
residents as to whether or not they want to continue the ambulance service and contract. He requested
that Council invite everyone to the Public Hearings regarding the ambulance service.
Tillie Zipper, former employee of Tamarac, expressed her feelings regarding the proposed pension plan for
Council and the Mayor. She said she was a dedicated City employee for six years. She said she resigned due
to politics within the City and receives $19.00 per month after six years of employment and Council wants to
receive $150.00 per month after four years of service. She said most employees do not receive that amount
after 10 years of service. She said the residents do not want their taxes increased. She requested that
Council review this closely.
Mayor Abramowitz said Council did not agree to the pension plan as it was proposed.
Walter Rekuc, resident, said he has attended and spoken at every Council meeting mentioning something
that has gone wrong with the City. He said he would like to speak about the security of the old City Hall
which is a $500,000.00 investment and one of the largest assets in the City. He said City Manager Kelly was
kind enough to let him have information to make the property known for a local organization.
Mr. Rekuc said while touring the property, it revealed a complete lack of responsibility by Public Works to
secure the property. He said the rear door was wide open, building equipment was carried out of the
building and parts were about the building, waste from canine was still in the area, a standby generator,
worth in excess of $25,000.00, was open and not secure. He said exposed wires were on the building, lawn
cutting equipment abandoned on the property, windows broken, trash in the area and the landscaping was
not maintained.
Mr. Rekuc said the City insists that the taxpayers maintain their property while Public Works fails to maintain
City property. He suggested the elimination of the Public Works position while hiring a Civil Engineer with
municipal experience and to have the City Manager secure the building and find out why Public Works has
failed to do so.
Mr. Rekuc said he feels there is a complete lack of control of the City parking lot and the administration of
the leases or permits. He said the current practice is to lease the parking spaces at $25.00 per month and no
copies are made of the title of the vehicle, the insurance policy or the driver's license where other lots
require this.
Mr. Rekuc said checks and cash are received in Public Works and they prefer not to take cash. He said the
Finance Director agreed that no checks or cash are to be delivered to Public Works, but to the cashier of the
City. He said there are vehicles with out-of-State license plates and people with two spaces while there is a
waiting list. He said the contingent insurance liability in the area is in the access of two million dollars;
therefore, $25.00 per month does not cover this. He suggested the control of the parking permits be
transferred to the Building Department or Code Enforcement and the payments be delivered to the City
Cashier only. He suggested the lot be sold based on the liability to the City and it is not feasible to maintain
it for some citizens and not all.
Mr. Rekuc expressed his appreciation to City Manager Kelly for inspecting the defective patchwork on
Woodlands Boulevard after nine repairs. He said he feels the City constantly fails the taxpayers by not
providing professional service. He suggested the City hire a qualified Public Works Director and obtain
qualified training supervision. He suggested the City should obtain the appropriate material for patchwork in
accordance with Florida road publications. He said he feels Councilmen cannot be paid if they do not
administer the City.
C/M Schumann MOVED to REMOVE Item 2.a. from the Consent Agenda for discussion, SECONDED by V/M
Bender.
VOTE: ALL VOTED AYE
CONSENT AGENDA
2. Items listed under Consent Agenda, Item 2, 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
b. MOTION TO APPROVE the minutes of the following City Council meetings:
1. 5/23/91 - Special Meeting
2. 6/28/91 - Special Meeting
SYNOPSIS OF ACTION:
APPROVED
2.b. C/M Katz MOVED to APPROVE Item b, on the Consent Agenda, SECONDED by C/M Schumann.
VOTE: ALL VOTED AYE
Building Department
2. a. MOTION TO ADOPT Temp. Reso. #6103 for the partial release of a landscape
beautification bond in the amount of $17,899.35 posted by M. J. Anderson, Inc., for the
MARKETPLACE OF TAMARAC at 70th Avenue and Commercial Boulevard.
SYNOPSIS OF ACTION: RESOLUTION R-91-134-PASSED
Removed from Consent Agenda for discussion and then APPROVED.
2.a. C/M Schumann said the City received a letter from the man doing the work at this location in
June, 1991, stating that the work had been completed. He said there is a request for the bond to be
released; however, it is being released at $1,050.00 less and the total bond is $18,949.35.
City Manager Kelly said the City is authorizing a partial release and M. J. Anderson, Inc., is aware of this
partial release. He said the bond is in place and the deficiencies are in the amount of $1,050.00.
C/M Schumann said the letter to Council is threatening litigation unless the bond is released and it does not
refer to a $1,050.00 retainment.
Kelly Carpenter, Director of Community Development, said the bond was put in for zoning and landscaping
omissions on the part of Tamarac Market Square. She said there is a pad on which the tire store was to be
located but the tire store was never built. She said the Planning Department required that a portion of the
bond in the amount of $1,050.00, be put in for the sod as a condition of the Shell Certificate of Occupancy,
which has never been completed.
Ms. Carpenter said the City has worked with the applicant since August, 1990, and they are aware that
$1,050.00 is being retained until such time as they sod the tire store pad.
C/M Katz MOVED to APPROVE Temp. Reso. #6103, SECONDED by
C/M Schumann.
VOTE: ALL VOTED AYE
Mayor Abramowitz RECESSED and RECONVENED this meeting at 7:30 p.m. with ALL PRESENT.
ORDINANCES
PUBLIC HEARINGS - 7:30 P.M.
General Administrative
3. PUBLIC HEARING - MOTION TO ADOPT Temp. Ord. #1560 on second reading to amend Chapter 2
of the Code to create an URBAN FORESTRY COMMITTEE in order to promote proper urban
and community forestry practices.
SYNOPSIS OF ACTION: ORDINANCE O-91-26-PASSED
Public hearing was held.
APPROVED on second and final reading.
City Attorney Carsky read Temp. Ord. #1560 by title.
V/M Bender MOVED to APPROVE Temp. Ord. #1560, SECONDED by
C/M Schumann.
City Manager Kelly said this is a second reading of this Ordinance, which provides for an Urban Forestry
Committee to help the City to get recertified as "Tree City USA". He said there will be four members
consisting of two appointed by Council and two appointed by the City Manager. He said this will need to be
advertised and the appointments will be made after Council returns from vacation. He said the purpose of
the Committee is to place emphasis on tree pruning in the City and to protect the natural resources. He said
there has been a good response and many are looking to get involved in proper maintenance of the
landscaping throughout the City. He recommended approval.
Mayor Abramowitz OPENED and CLOSED the Public Hearing with no response.
VOTE: ALL VOTED AYE
4. PUBLIC HEARING - MOTION TO ADOPT Temp. Ord. #1552 on second reading pertaining to police
and fire participants in the City's pension plan.
SYNOPSIS OF ACTION: ORDINANCE 0-91-27-PASSED
Public hearing was held.
APPROVED on second and final reading.
City Attorney Carsky read Temp. Ord. #1552 by title.
City Manager Kelly said this is in compliance with State Law. He said one of the highlights is that the City
eliminated the alternates from the Police and Fire Departments as members of the Pension Board. He said
this provides where trust monies may not be invested. He said when terminating employment with the City
or the BSO and becoming re-employed by the City or the BSO within five years of termination providing that
the employee did not receive a refund of his accumulated distribution of contributions.
Mayor Abramowitz OPENED and CLOSED the Public Hearing with no response.
C/M Katz asked if the City retains people who were employed with the Police Department who are now with
BSO on the Pension Plan and City Manager Kelly said, yes.
C/M Katz asked if there will be any more once the policemen are gone from the Pension Plan.
V/M Bender said the police were given that opportunity prior to changing over to the BSO.
C/W Glasser MOVED to APPROVE Temp. Ord. #1552, SECONDED by C/M Schumann.
VOTE: ALL VOTED AYE
Community Development
5. PUBLIC HEARING - MOTION TO ADOPT Temp. Ord. #1536 on second 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 (Public Hearing continued from
6/26/91)
SYNOPSIS OF ACTION: ORDINANCE O-91-28-PASSED
Public hearing was held.
APPROVED on second and final reading.
City Attorney Carsky read Temp. Ord. #1536 by title.
Ms. Carpenter said this is an application by Leadership Housing, Inc., for a rezoning described by the City
Attorney. She said the Planning Commission voted unanimously to recommend denial of this application
citing that the location at McNab Road and NW 108 Terrace is inappropriate for commercial uses. She said
the applicant is requesting to expand the corner commercial parcel. She said the applicant is requesting the
rezoning to conformity based on the existing commercial designation but no development on that corner
and the land use designation and the zoning do not match.
Ms. Carpenter said the applicant is processing a final plat, of which the zoning is needed in order for them to
continue pursuing the platting approval with the County. She said the surrounding uses are as follows:
north-Residential, east-Residential, south-south of McNab Road is Industrial and west-Transportation
designation for the Sawgrass Expressway.
Ms. Carpenter said the parcel is commercial on the City and County Land Use Plan and the expansion of this
commercial zoning is consistent with both Plans. She said Staff recommends approval based on this
consistency.
Mayor Abramowitz asked if there were recommendations from Council at the previous meeting and Ms.
Carpenter said during the June 12, 1991 Regular City Council meeting, Council voted for the Community
Development Department to proceed to initiate a local Land Use Plan amendment to change the entire
seven acres from the commercial designation to a low-medium density residential designation and Staff will
proceed with that.
Mayor Abramowitz asked if the City has the authority and power to amend this and Ms. Carpenter said, yes,
as soon as the Plan is certified.
Mayor Abramowitz asked if the City may institute the proceedings to change this location from commercial
to residential if Council votes to do so and Ms. Carpenter said, yes.
C/M Katz said he has consistently opposed commercial zoning in that area. He said he had recommended
this zoning be sent back to the County to amend the Comprehensive Land Use Plan to residential. He said he
had read an Appellate Court decision at the previous meeting regarding the health and welfare of the City,
which was the basis of his recommendation to amend the Land Use Plan.
C/W Glasser asked what is the time period the County would need to make this amendment and Ms.
Carpenter said it can be done by a local amendment procedure which would take approximately nine
months.
Ms. Carpenter said the State will also have to approve this because the State has the authority to review an
amendment to a local Plan. She said after it is approved by the State and the City, the City would have to go
to the County for another recertification, which takes an additional two months.
Mayor Abramowitz asked if it is possible for the applicant to build a structure before the City takes action
and Ms. Carpenter said she feels it could be done; however, she does not feel they will do so.
C/M Schumann asked if the City will be precluded from changing the Land Use Plan if the 2.202 acres are
not zoned B-1.
Ms. Carpenter said due to this parcel being designated commercial on the Plan, the City is obligated to
rezone it to a commercial use. She said she feels the City should have done this and the applicant should not
have had to petition the City for it. She said the applicant can proceed to plat the portion, even if the City
does not rezone the 2.202 acres. She said the City should take into consideration the City's obligations under
the Land Use Plan in Chapter 163.
Ed Stacker, Attorney representing Leadership Housing, Inc., said this item has been a thoroughly debated
and reviewed issue. He said he feels that if the time it takes to obtain the rezoning is any indication of the
time it might take to obtain site plan approval and the issuance of building permits from the City, there
should be no problem. He encouraged Council to proceed with approving the rezoning.
Mayor Abramowitz said there was an indication by the Counsel for Leadership Housing, Inc. that if the City
Council did not approve this during this meeting, the City would be open to litigation. He said the City has
the right to change the zoning of this parcel.
Carl Alper, resident, said Item 5 refers to only a rezoning of 2.202 acres from Row-Housing to B-1
Neighborhood Business. He said he feels the policy of the City should be more consideration by Council for
the feelings of the area residents.
TAPE 2
Mr. Alper said he understood that if the occupant of a premises has not begun to build, the City has the
right to transfer the zoning to whatever the City pleases.
C/M Katz MOVED to APPROVE Temp. Ord. #1536, SECONDED by
C/M Schumann.
VOTE: V/M Bender - AYE
C/M Katz - AYE
C/M Schumann - AYE
C/W Glasser - NAY
Mayor Abramowitz - AYE
RESOLUTIONS
PUBLIC HEARINGS - 7:30 P.M.
Community Development
6. PUBLIC HEARING - MOTION TO ADOPT Temp. Reso. #6101 concerning a request by GRAINGER
AND JENNINGS REALTY CORP. for special exception to permit a funeral home at
3904 W. Commercial Boulevard, which is zoned B-3 (General Commercial). Petition #34-Z-91
SYNOPSIS OF ACTION: RESOLUTION R-91-135-PASSED
Public hearing was held.
APPROVED
City Attorney Carsky read Temp. Reso. #6101 by title.
C/M Katz MOVED to APPROVE Temp. Reso. #6101, SECONDED by
C/M Schumann.
Ms. Carpenter said this is an application by Grainger and Jennings Realty Corporation for a special exception
for an existing funeral home located on West Commercial Boulevard, just east of State Road 7. She said the
funeral home has existed at that location since 1969 at which time there was no special exception required
of a funeral home. She said at present the Zoning Ordinance requires a special exception for a funeral home,
which means that the applicant would have to come before Council to request a special exception as the
existing owner is doing.
Ms. Carpenter said the funeral home is not for sale at present, but there may be a possibility of a sale. She
said the owners can continue using the property as a funeral home, but if they were to sell the property or if
it discontinues being a funeral home for a period of 60 days, the owner would need to seek a special
exception that the current owners are seeking at present. She said the purpose of the current special
exception is to clear the title so that they may be able to sell the property in the future without having to
face any non-conforming use.
Ms. Carpenter said Staff has no reason to object and the Planning Commission unanimously recommended
approval on June 19, 1991.
Mayor Abramowitz OPENED and CLOSED the Public Hearing with no response.
VOTE: ALL VOTED AYE
7. PUBLIC HEARING - MOTION TO ADOPT Temp. Reso. #6090 concerning a request by PEBB
ENTERPRISES for special exception to permit a delicatessen in Bays 3 and 4 of POINT PLAZA
located at Nob Hill Road and Westwood Drive, which is zoned B-2 (Planned Community Business). Petition
#35-Z-91 (Public hearing continued from 6/26/91)
SYNOPSIS OF ACTION: RESOLUTION R-91-136-PASSED
Public hearing was held.
APPROVED with conditions of no on-premises cooking or sit-down service.
City Attorney Carsky read Temp. Reso. #6090 by title.
V/M Bender MOVED to APPROVE Temp. Reso. #6090, SECONDED by C/M Schumann.
Ms. Carpenter said this is an application by Pebb Enterprises for a special exception to permit a delicatessen
in Point Plaza in Bays 3 and 4. She said the shopping center is designated commercial on the City and County
Land Use Plans and is properly zoned B-2. She said a delicatessen is a permitted use in B-2 with a special
exception. She said the Bay in which the delicatessen is located must be at least 100 feet from the nearest
residential property line, which Bays 3 and 4 are. She said the applicant must submit the means and method
of a 6 day per week waste collection system, which has been done. She said the dumpster must be
appropriately located on the site plan, which it is and the applicant must demonstrate that the dumpster is
the sufficient size, which will be done at the time of the building permit.
Ms. Carpenter said the applicant must submit a plan for the control of reduction or elimination of offensive
odors and Council may set additional conditions that are necessary to insure the health, safety and welfare
of the residents of the City. She said the applicant has supplied parking calculations for the proposed
restaurant. She said this site is primarily a grocery store in which there will be a meat slicer, a dairy case and
two sinks, which are required by the Health Department in order for them to serve deli sandwiches. She
said there will be no sit down and it will be strictly a carry out service.
Ms. Carpenter said the parking requirement for this type of business is 13 and the plan has 169 spaces and
at the time originally approved, there were 51 extra spaces, which have not been used to date.
Ms. Carpenter said the Planning Commission recommended approval and the Staff has recommended
approval with no additional conditions.
Mayor Abramowitz asked if at any time they would be able to have a sit down service and Ms. Carpenter
said not in the way this would be approved; however, Council should add this condition to the Motion.
Ms. Carpenter said there has been discussion about access and potential traffic problems. She said this
parcel was platted in 1989 and the site plan was approved in 1990. She said at that time, the City and the
County had reviewed the location of driveways onto Westwood Drive and Nob Hill Road and the applicant
had tried to pursue having a median cut, which was not approved by the County.
Ms. Carpenter said the applicant tried to pursue having a median cut put at Nob Hill Road, which was not
approved by the County. She said they reviewed having two points of access on Nob Hill Road in order to
protect the neighborhood to the south of Westwood Drive from a driveway, which was not approved by the
County because the second driveway would have been too close to the intersection of Nob Hill Road and
Westwood Drive.
Ms. Carpenter said the City requires two points of ingress and egress and because the County would not
allow a second on Nob Hill Road, the second one had to be on Westwood Drive. She said there are three
houses which are potentially affected by traffic from this project. She said the traffic is allowed to come out
to the south and must go west. She said Staff had felt that forcing traffic onto Nob Hill Road would cause a
problem to the north where the median ends and people would be forced to make a U-turn when going
south; therefore, Staff felt it was better on the Westwood Drive side. She said the County was not going to
approve a second point of access on Westwood Drive.
Jeff Rosenberg, Partner of Pebb Enterprises, said this is a special exception and the word "delicatessen" is
used but it is not a restaurant and he has no problem with adding it into the Motion that there be no sit
down facilities.
C/M Schumann asked if there will be any cooking and Mr. Rosenberg said because there was a sink required
by the Health Department, it became a "kitchen" but it is a delicatessen.
C/W Glasser said she reviewed the original plans with the ingress/egress on Westwood Drive and had some
concerns about it. She said Westwood Drive is a two-lane highway and there are some single-family homes
opposite it and the driveways face the shopping center. She said she had been told that there would only be
one restaurant, which would be a bagel place; however, there are presently three restaurants in that
shopping center.
C/W Glasser said she feels this facility will create more traffic. She said she would like to see the Westwood
Drive ingress/egress closed except for emergency uses. She said the turning lane to NW 71 Place is a
problem. She said she feels all of these situations need to be addressed prior to adding more traffic to the
area.
Mayor Abramowitz OPENED and CLOSED the Public Hearing with no response.
VOTE: C/M Schumann - AYE
C/W Glasser - NAY
V/M Bender - AYE
C/M Katz - AYE
Mayor Abramowitz - AYE
C/M Schumann MOVED to APPROVE Temp. Reso. #6090 with no cooking or sit down service, SECONDED by
C/M Katz.
VOTE: ALL VOTED AYE
V/M Bender requested Staff pursue the situation regarding the ingress/egress problem and Ms. Carpenter
agreed.
END OF PUBLIC HEARINGS
Community Development
8. 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) (tabled on
6/26/91)
RESOLUTION R-91-137-PASSED
SYNOPSIS OF ACTION: RESOLUTION R-91-138-PASSED
APPROVED 8.a. and 8.b.
8.a. City Attorney Carsky read Temp. Reso. #6063 by title.
Ms. Carpenter said this is an application by Leadership Housing, Inc., for the approval of the Land Section 6 -
South Final Plat. She said it is a 19.16 acre site located in the southwest corner of Land Section 6 running on
the west side of NW 108 Avenue parallel to the Sawgrass Expressway. She said this includes three land use
designations as follows: Parcel A is commercial on the plat, which includes the portion that is rezoned in
Item 5; Parcel B is low-medium residential, which is 6 to 10 dwelling units to the acre; and Parcel C is
medium residential, which is 11 to 15 dwelling units to the acre.
Ms. Carpenter said Parcel A is currently zoned B-1 as a result of the action on Item 5 (See Page 5), Parcel B is
zoned R-3U and Parcel C is zoned I-1 and R-3U, which was rezoned to RM-10 during the last Council meeting
in May, 1991.
Ms. Carpenter said the plat has been in process for approximately one year and had been held up pending
all of the zoning actions which were completed in this meeting. She said the applicant proposes to limit the
plat to the following uses: 124 townhouses on Parcels B and C and 65,000 square feet of Neighborhood
Commercial on Parcel A. She said a note on the face of the plat must reflect these limits, which is required
by the Broward County Platting Ordinance and is a note that is put on the Plat in order to determine what
the School Impact Fee and the Traffic Impact Fees are going to be charged by the County.
Ms. Carpenter said the applicant is required to dedicate land or to pay fees in lieu of land for residential
plats at the time of plat approval for a park, which has been done. She said the applicant must enter into an
agreement with the City with all required public services and facilities available or paid for at the time of site
plan approval as a condition of plat approval. She said they have entered into this agreement and Planning
Commission and Staff recommend approval.
C/M Katz asked if there was a voluntary deed restriction relative to the plans and Ms. Carpenter said the
deed restrictions are attached to the zoning, not to the plat.
C/M Schumann MOVED to APPROVE Temp. Reso. #6063, SECONDED by C/M Katz.
VOTE: ALL VOTED AYE
8.b. City Attorney Carsky read Temp. Reso. #6064 by title.
Ms. Carpenter said these documents include the various agreements and reports.
C/M Schumann MOVED to APPROVE Temp. Reso. #6064, SECONDED by V/M Bender.
VOTE: ALL VOTED AYE
9. MOTION TO ADOPT Temp. Reso. #5954 approving a delegation request by FLH Homes to remove
the voluntary deed restrictions from PARCEL R OF WOODLAND LAKES located at the southeast
corner of McNab Road and NW 88 Avenue (tabled on 7/2/91).
SYNOPSIS OF ACTION:
TABLED
City Attorney Carsky read Temp. Reso. #5954 by title.
V/M Bender MOVED to APPROVE Temp. Reso. #5954, SECONDED by C/M Schumann.
Ms. Carpenter said Council rezoned Parcel R of Woodland Lakes in 1986, which is a 9 acre parcel located at
the southeast corner of Pine Island Road and McNab Road across from the Shoppes of McNab. She said it
was rezoned from RM-10 to B-2 and at the time, the applicant requested limiting the parcel to B-2 uses,
except that the applicant wanted to put in a 5,000 square foot department store, a hall for hire and a
restaurant in excess of 12,000 square feet, which was approved by Council. She said the applicant wanted B-
1 uses, except for the department store, the hall for hire and the restaurant, which needed B-2 uses.
Ms. Carpenter said Council rezoned this parcel to B-2, which actually is B-1 with limitations. She said the
applicant voluntarily agreed to these limitations and restrictions. She said the restrictions were amended in
1988 at the request of the applicant to remove the reference to a 12,000 square foot restaurant and
currently allows restaurants. She said the Tamarac Land Use Plan had shown the parcel as residential until
the 1986 rezoning, which is currently commercial.
Ms. Carpenter said in late 1989, the applicant requested that he be granted a special exception for a gas
station on the corner of this parcel. She said the special exception was processed by the Staff through the
Planning Commission, which recommended denial to the City Council. She said Council said the Planning
Commission did not make Findings of Fact on this issue to support the negative recommendation and
returned it to the Planning Commission. She said the Staff did additional research and found that the parcel
did not really have B-2 zoning, it was labelled B-2, but it had B-1 zoning based on deed restrictions with the
three exceptions to B-2 for the department store, the hall for hire and the restaurants.
Ms. Carpenter said the application for a special exception for a gas station was not a legal application based
on the zoning restrictions. She said the applicant had to request from Council removal of the voluntary deed
restrictions which restricted it to
B-1 uses and then the parcel would have B-2 zoning. She said he would then be able to petition the Planning
Commission and Council for a special exception for a gas station.
Ms. Carpenter said Staff saw no reason to remove the deed restrictions and believed that at the time the
applicant had not made a strong case, that conditions had changed and removal of the deed restrictions was
warranted. She said she feels the applicant has strengthened his case in a previous Council Workshop
meeting, but Staff does not support a gas station at that location.
Ms. Carpenter said Staff is not opposed to removing the deed restrictions and a B-2 use is an appropriate
designation at that location. She said the City is actively amending the Plan at present and if the applicant
desires to proceed with his stated intention of having the east portion of the property remain residential,
the time is now to do so.
Stuart Feiner, President of FLH Homes, said he is requesting the deed restrictions be removed from the
subject property for many reasons.
Mr. Feiner said at the time the deed restrictions were agreed to, the owners of the property had several
leases in place but due to unfortunate circumstances, the lease commitments have expired and the
property has become a white elephant under the present conditions. He said the property is zoned B-2 and
is in an area suitable for B-2 zoning. He said the property is surrounded by two major intersections with
similarly zoned property. He said this property should not be burdened with the
B-1 restrictions as they are placed on them today. He said it is a community business area and not a
neighborhood business area.
Mr. Feiner said he feels Council should act only upon the request which is being presented which is the
removal of the deed restrictions. He said he feels this matter should not be confused with any other matter
that may be presented to Council before or in the future. He said he feels it would be commendable for
Council to remove the deed restrictions based on the reasons previously stated.
Mayor Abramowitz asked if Mr. Feiner is aware that the gas station is not part of this and if Council agrees to
lift the deed restrictions and a request is made for a gas station, the request will be denied and Mr. Feiner
said he understood.
C/M Katz said there was to be research done as to type of businesses that would be willing to go into that
property other than the gas stations.
Mr. Feiner said he feels a B-2 property at this location would be a more marketable commodity with the
advantages of the removal of the deed restrictions that are onorously placed on the property at present.
Mayor Abramowitz said an indication was made that FLH Homes would be willing to build on half of the
property the type of development that was built on Pine Island Road. He asked if FLH Homes would
voluntarily be willing to rezone half of the property to residential and build that type of development if
Council removes the deed restrictions.
Mr. Feiner said he was the responsible party for the development of the property on Pine Island Road;
however, the design and site plan was sold prior to completion and he no longer owns it. He said he had
indicated to Council that FLH Homes is willing to proceed with whatever the results may be.
Mayor Abramowitz asked if FLH Homes intends to make half of the property residential and Mr. Feiner said,
yes.
Milton Meyer, resident, asked why Staff is currently in favor of the removal of the deed restrictions. He
expressed his concern regarding the deed restrictions and the history of this request. He said he feels
Council is aware of the concerns of the residents regarding a gas station at this location. He read from the
Covenants and Restrictions as follows: "This Declaration of Covenants and Restrictions is executed for the
purpose of protecting the health, safety and welfare of the occupants of the above-described land."
Mr. Meyer said he feels the owners realized that any facility, such as a gas station, would be detrimental to
the health, safety and welfare of persons who would occupy the land in the future. He said the applicant
intends to build residential on part of the site; therefore, there will be occupants. He continued from the
Covenants as follows: "These Covenants and Restrictions are to run with the land and shall be binding on all
parties for a period of 99 years."
Mr. Meyer said he feels this long range plan was placed to protect the health, safety and welfare of the
residents. He continued as follows: "These Restrictions in their lifetime, shall be for the benefit of the City of
Tamarac."
Mr. Meyer said he feels "The City of Tamarac" is the people of the City, not a gas station. He said he feels the
neighborhood is inundated with gas stations, which is a health factor. He said the Declaration of Covenants
and Restrictions makes provisions for the following amendments: "This Declaration of Covenants and
Restrictions may be amended or removed only by the City of Tamarac, Florida, by a written document of
equal formality and dignity and with the approval of the decrement or its successor or entitler signs, after
holding the requisite advertised public hearing and adopted the appropriate Resolution."
Mr. Meyer asked what agency can make the amendment to this. He asked if it means the electorate by
Referendum. He said "after holding the requisite advertised public hearing" means a public hearing must be
held regarding this matter before further action can be taken. He said he feels the public must be protected
at all times. He said he understood that zoning changes cannot be done without public hearings.
Michael DiAngelico, President of the Greens Condominium Association, said his community of 210 units
predominantly consists of elderly people who have serious problems and is located at the intersection at
NW 88 Avenue and McNab Road. He said this is a dangerous and highly polluted intersection at present. He
said police records show that there have been a great number of serious accidents on that corner with the
existing traffic conditions and turning situations.
Mr. DiAngelico said the residents of the Greens of Tamarac feel that the lifting of the deed restrictions is a
ploy to the next step which is a request for installation of a gas station on that corner.
TAPE 3
Mr. DiAngelico said many of these residents have objections to the installation of a gas station on that
corner, not only for the good and welfare, but for the danger that these people will be subjected to when
attempting to cross the intersection, which, at present is difficult to cross. He requested that Council deny
this request.
Joe Schreiber, resident of Kings Point, said he feels the Council has an obligation for the health, safety and
welfare of the residents of Tamarac. He said owners and developers request special exceptions, restrictions
and other situations and they are usually granted them and, after a period a time, the situation is not
conducive to what they want and the applicant reappears before Council with a request for removal. He said
he feels Council should keep them where they are to accommodate all of their needs.
Mr. Schreiber asked if it was correct that the request for the B-2 zoning was not legal and why the City did
not move to correct it.
Ms. Carpenter said the application which was processed for a special exception was not a legal application
because even though the map and the zoning Ordinance state that Parcel R of Woodland Lakes Estates has
B-2 zoning, in effect, the Covenants are not a part of the Ordinance and they limit the parcel to B-1 uses.
She said at the time the application was in process, those restrictions were not a part of the record and
were not to be found. She said Staff spent a lot of time to find the deed restrictions on the B-2 zoning.
Ms. Carpenter said she continuously opposes the use of Restrictive Covenants or Deed Restrictions as a part
of the zoning cases due to them getting lost in the paperwork. She said it is very likely that a separate
document can be misplaced throughout a period of time. She said at present the B-2 zoning is legal, but is
restricted to B-1 uses based on the Restrictive Covenants, and the application for a special exception was
not a legal application at the time it went through and it was never granted.
Mayor Abramowitz asked if this requires a Public Hearing.
Ms. Carpenter said the amended restrictions from 1988 have the language which Mr. Meyer read referring
to the "written document of equal formality and dignity", which means a Resolution. She said the original
covenants were put in by Resolution, were amended by Resolution and what is being considered at present
is a Resolution, which does not require a public hearing under the State Law or City Ordinances. She
referred to "requisite advertised public hearing", of which there is no requisite public hearing because it is
not required.
Carl Puia, resident, distributed to Council an article from the Los Angeles Times which refers to health,
safety and welfare.
Milton Meyer, resident, asked what the difference was between the Resolutions in the Public Hearing and
these Resolutions.
City Clerk Evans said the Resolution is the vehicle for a special exception under the City Code.
Ms. Carpenter said in the case of a special exception, a public hearing is required by the Ordinance but the
legal instrument for implementing the special exception in the City is a Resolution and not an Ordinance.
She said under other circumstances, almost all Resolutions in the City are not handled through a public
hearing but at a public meeting.
C/M Schumann said in December, 1990, Staff said they found no reason to remove the deed restrictions. He
asked if Staff is willing to remove these restrictions at present and Ms. Carpenter said Staff does not oppose
the removal of the restrictions that would allow them to go from B-1 to B-2.
Ms. Carpenter said in December, 1990, the orientation of Staff was that the gas station was paramount in
everybody's mind and a special exception was pending for a gas station. She said Staff feels that Mr. Feiner
has made a case to remove the voluntary deed restrictions from B-1 to B-2. She said Council has full
authority over granting a special exception and she feels there should be concern that lifting the restrictions
would give him an automatic approval on the gas station. She said Mr. Feiner has stated his intention to
have the eastern portion as residential, which would be beneficial.
Mayor Abramowitz said he has been hearing concerns regarding the gas station issue. He said after the
Council workshop meeting, he felt that Mr. Feiner understood that no one would be involved with a gas
station. He asked what the zoning is directly in front of the Greens and Ms. Carpenter said it is B-5 or B-6.
C/M Katz suggested this item be Tabled to allow Mr. Feiner the opportunity to research other businesses
who would be interested in this location.
Mr. Feiner said it will be difficult to do what is being requested. He said the issue at hand is not about a gas
station but the removal of the deed restrictions that currently encumber the property, which would make
this property much more marketable and would allow a tax base for the City.
Mayor Abramowitz asked if there is a possibility that FLH Homes can assure the residents that their fears are
groundless and Mr. Feiner said that is an opportunity that can be explored, but the question at hand is the
removal of the deed restrictions.
C/M Katz MOVED to TABLE Temp. Reso. #5954, SECONDED by
C/W Glasser.
VOTE: ALL VOTED AYE
Mayor Abramowitz RECESSED and RECONVENED this meeting at
8:55 p.m. with ALL PRESENT.
General Administrative
10. MOTION TO ADOPT Temp. Reso. #6104 approving an Agreement with the WOODLANDS
GOLF ASSOCIATION, INC., d/b/a Woodlands Country Club, relating to the curbing and landscaping of
Woodlands Boulevard in the Woodlands of Tamarac (tabled on 7/3/91).
SYNOPSIS OF ACTION: RESOLUTION R-91-139-PASSED
APPROVED as amended regarding Woodlands insurance coverage.
City Attorney Carsky read Temp. Reso. #6104 by title.
C/M Schumann MOVED to APPROVE Temp. Reso. #6104, SECONDED by C/M Katz.
City Manager Kelly said this is a proposal as presented to the City by the Woodlands Golf Association, Inc., to
do extensive landscaping of the Woodlands Boulevard area. He said they are requesting that Council provide
the curbing for that project and as a trade-off, that they would assume the maintenance responsibilities for
the next 20 years. He said this has been discussed at Council meetings and presentations have been made
individually.
City Manager Kelly said this proposal has been executed by the Association representative. He said the
concerns are about the quality of the type of curbing, the safety, liability, and the costs. He said Mr. Meisner
gave a list of areas in the County that utilize the type of curbing that they are proposing. He said Mr. Couzzo
has checked with those municipalities and has verified that the information is correct. He said there has not
been any problems in the City of Plantation with the curbing.
City Manager Kelly said Council needs to consider whether or not it is a good idea. He said he endorses the
efforts to beautify the area. He said there is a concern on liability which the Council needs to address. He
said the Risk Manager responded that concrete curbing can be put in but the City is always subject to
liability. He said the applicant is requesting the City provide the curbing and the amount of money is
relatively insignificant compared to the amount of money being invested in the project. He asked why the
community would not want to also provide the curbing.
Mayor Abramowitz said he had asked that question and the answer was that there were residents in the
Woodlands area who felt that it was not proper for the City to give up their obligations of maintenance. He
said the City cuts the grass and does not handle shrubs or trees.
Joe Baird, Director of Woodlands Home Owner's Association, said in 1987, the City entered into negotiations
with the Country Club with respect to the condition of Woodlands Boulevard. He said the City stated they
did not have the sufficient funds to do a good job on the landscaping. He said the City proposed that if the
Country Club did the landscaping and maintained it for 20 years, the City would furnish the curbing. He said
there was a large group of residents who stated that the City is not doing enough for this.
Isadore Vellis, Attorney, said the contract states that Woodlands Country Club will provide a Hold Harmless
agreement on any actions as a result of the maintenance of the curbing and/or the center strip when it
happens. He said he feels there is no problem as far as the City's liability is concerned. He said it was a
difficult task to convince the membership of this program. He said this will be a beautiful benefit to the City.
V/M Bender asked who would be liable if Woodlands Country Club no longer exists in 15 years and Mr. Vellis
said at present, the assets of the Woodlands Country Club is more than 8 million dollars.
Mr. Vellis said if the Woodlands Country Club is no longer in business that means they have not lived up to
the contract and the City would inherit this land which has $150,000.00 worth of landscaping and irrigation.
Mr. Baird said there was a law passed 20 years ago which froze the golf courses in Tamarac for 50 years and
C/W Glasser asked what that means.
Mr. Baird said the land must remain a golf course for 50 years.
C/M Schumann asked what happens if the corporate entity no longer exists and Mr. Vellis said if the
corporation no longer exists, the obligation is not met and the City will own the property.
V/M Bender said the document from Kline Jones, City Engineer, states that extruded curbing is needed.
Mayor Abramowitz said the City has the right to approve the type of curbing.
City Manager Kelly said he feels the curbing looks good in the communities where it is presently.
C/M Katz said there are pieces of extruded curbing on Rock Island Road near Sabal Palm which are in the
roadway. He asked what happens if a pedestrian is walking and a piece of the curbing was flying in the air at
the time.
Mr. Vellis said he feels that would be valid action against the County if the work was being done by the
County. He said this contract does not provide for coverage of liability in case something happens during
construction. He said after the construction is completed, it would be the responsibility of Woodlands
Country Club.
C/W Glasser asked if the Council accepts the liability for the City are they accepting a variation to the Code
and City Attorney Carsky said, no, to the extent that there is an indemnification.
C/W Glasser asked what the limitations are to the Woodlands Country Club insurance.
Arron Levy, Vice President for Woodlands Country Club, said they intend and have researched an
indemnification insurance of five million dollars, which is within their budget.
City Attorney Carsky requested a copy of the Certificate of Insurance and Mr. Levy agreed.
V/M Bender asked how much the curbing will cost the City.
Mr. Couzzo said the cost will be approximately $1.00 per linear foot installed for the six inch extruded
concrete curbing.
V/M Bender said the contract does not provide for the type of curbing and the Council has a right to vote for
other types of curbing.
City Attorney Carsky said Paragraph 1 of the Contract reads that the City agrees to install linear curbing in
accordance with the plans attached as Exhibit A.
TAPE 4
Mayor Abramowitz said the cost will be approximately $10,000.00 for the curbing.
City Manager Kelly asked how much compression is on the curbing and Mr. Baird said there is 3,000 P.S.I.
given by Plantation.
V/M Bender said the engineers recommended 5,000 P.S.I.; however, the City has the right to waive it.
C/M Schumann asked what the annual maintenance cost will be and Mr. Couzzo said $4,800.00 at present.
C/M Schumann asked who will maintain the curbing if it is damaged by traffic and Mr. Baird said the
agreement provides that Woodlands maintains the curbing. He said the Country Club spends over one
million dollars on maintenance of the two golf courses and the public grounds. He said it has many dozens
of employees who are involved in maintenance and other things.
Mae Schreiber, resident of Kings Point, asked where the $10,000.00 will be coming from.
Mayor Abramowitz said the money will be coming from ad valorem taxes at a savings of approximately
$90,000.00 over the 20 year period. He said it costs the City $4,800.00 per year to maintain Woodlands
Boulevard.
Ms. Schreiber said there are other areas in the City that are in need of beautification. She asked what
happens where there are communities that do not have the money.
Mayor Abramowitz said he feels the City will benefit from this beautification and will save money.
VOTE: ALL VOTED AYE
Public Services
11. MOTION TO ADOPT Temp. Reso. #6100 awarding Bid #91-03 in the amount of $229,630.00 to
Utilities Services, Inc., to rehabilitate sewage pump stations 2, 2A1 and 8, TUW Project 88-22 and
APPROVAL of the appropriate budget transfer.
SYNOPSIS OF ACTION: RESOLUTION R-91-140-PASSED
APPROVED
City Attorney Carsky read Temp. Reso. #6100 by title.
V/M Bender MOVED to APPROVE Temp. Reso. #6100, SECONDED by C/W Glasser.
Mr. Couzzo said this was a bid for rehabilitation of the waste water collection system within the City to
rehabilitate five waste water collection lift stations. He said the City received five competitive bids for this
and Staff is recommending the award to the low bid and the monies are from Utilities Revenues.
C/M Katz asked if the City has generator emergency power for these lift stations and Mr. Couzzo said there is
a backup system that would be provided.
City Manager Kelly said the City has emergency generators available.
VOTE: ALL VOTED AYE
12. MOTION TO ADOPT Temp. Reso. #6105 awarding
Bid #91-04 in the amount of $21,047.42 to United Underground Contractor Corporation for
installation of a right turn lane on NW 71 Place at Nob Hill Road (NW 100 Avenue).
SYNOPSIS OF ACTION: RESOLUTION R-91-141-PASSED
APPROVED
City Attorney Carsky read Temp. Reso. #6105 by title.
City Manager Kelly said Council had previously agreed that the City would enter into an agreement with
Broward County to cost share this project. He said it was the City's intention to piggyback on a County
contract with Whitley Paving to do the work. He said Whitley Paving does do that work; however, they do
not have a contract with Broward County to do the work. He said the City needed to go out to bid for this
project.
City Manager Kelly said the bids came in less than the original projection for the project and will be down by
approximately $8,100.00.
Mr. Couzzo said the City had received 10 bids for the project and the City will be saving $8,100.00 over what
they contractually agreed with the County to provide for this turn lane. He said the County was pleased with
the figures and are anxious to proceed with the project. He said it is going to be 62.5% funded by the County
and 37.5% funded by the City, which is $16,018.13. He said the work should begin within a week of Council's
approval and a three week construction time is anticipated.
C/W Glasser asked if they would review the situation of the ingress/egress at that location and Mr. Couzzo
agreed.
C/M Katz MOVED to APPROVE Temp. Reso. #6015, SECONDED by
C/M Schumann.
VOTE: ALL VOTED AYE
REPORTS
13. City Council
C/M Schumann - No report.
C/M Katz - No report.
C/W Glasser bid everyone a healthy summer.
V/M Bender - No report.
Mayor Abramowitz said he received letters regarding the increase of the trash collection fees. He said all of
these letters requested comments from him; however, the letters were anonymous. He requested that
names, addresses and phone numbers are added to these letters for a response.
14. City Manager
City Manager Kelly said the new pumper will be delivered to the Fire Station in the morning.
City Manager Kelly said a partial eclipse will be happening on Thursday, July 11, 1991, and he warned all not
to look directly at the sun.
City Manager Kelly requested direction from Council for the payment to Jeffrey Berkowitz, which was
discussed at a previous meeting. He said the last test was well within means and a copy was sent to Council
of the letter sent to Mr. Berkowitz advising him that the City has satisfied all of the requirements of the
City's contractual obligation. He said he had mentioned that Council was not happy with his apparent
reluctance to move ahead with the closing. He said the payment was to have been made by July 1, 1991. He
said there was an indication by Council that he was not to make that payment.
City Attorney Carsky said there were two phases to this contract and she would like to review the contract to
protect the City from putting themselves into default of the ability to require him to perform the second
part of the contract. She said she feels Mr. Berkowitz has the right to take the 45 days and that the City is
required to make this payment.
Mayor Abramowitz said he is aware of the City's contractual obligations and he is aware that Mr. Berkowitz
will not move forward without some impetus to do so. He said he has enough confidence in the City
Manager and City Attorney to know when to send the check.
V/M Bender asked if the City received a response to the letter that was sent out and City Manager Kelly said
the letter had just gone out. V/M Bender suggested the City wait for a response prior to sending the check.
C/M Schumann asked if the City is cleared with the EQCB and City Manager Kelly said, yes.
C/M Schumann said Mr. Berkowitz has 45 days after receiving this clearance letter to wait and the City is
obligated to pay him for that time or the City is in default and can be sued for breach of contract and City
Attorney Carsky agreed.
City Manager Kelly said Mr. Berkowitz has 45 days to move and has given indication that he will wait for the
45th day but, by the contract, he has every right to do this.
C/M Katz asked if the City must continue payments until closing after the 45 days and City Manager Kelly
said it is terminated after the 45 days.
C/W Glasser suggested the City hold the payment until the last moment.
EXPRESSION OF INTEREST: ALL AGREED
City Manager Kelly said this is the hurricane season and there will be programs by the Fire Department
going to the various associations. He said every year a mock drill is held with the Department Heads. He
reviewed the procedure.
With no further business, Mayor Abramowitz ADJOURNED this meeting at 9:50 p.m.
NORMAN ABRAMOWITZ
MAYOR
CAROL A. EVANS
CITY CLERK
"This public document was promulgated at a cost of $234.32 or $5.21 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
7/10/91/KJ
Page page \* arabic1
City Council Regular Meeting
7/10/91/KJ
Page page \* arabic1
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