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HomeMy WebLinkAbout1990-09-12 - City Commission Regular Meeting Minutes1 Ll CITY OF TAMARAC CITY COUNCIL REGULAR MEETING WEDNESDAY, SEPTEiMBER 12, 1990 Mayor Abramowitz called this meeting to order on Wednesday, September 12, 1990 at 7:00 P.M. in the Council Chambers. Mayor Abramowitz called for the Pledge of Allegiance followed by a Moment of Silent Meditation for the men and women overseas. Mayor Norman Abramowitz Vice Mayor Bruce Hoffman Councilman Dr. Larry Bender Councilman Henry Schumann Councilman Henry Rohr ALSO PRESENT,, John P. Kelly, City Manager Alan F. Ruf, City Attorney Carol A. Evans, City Clerk Karen Jackson, Secretary ************************************************************************ Mayor Abramowitz began the meeting by wishing a very healthy and happy New Year to his Jewish and non-Jewish friends and neighbors. Mayor Abramowitz said he had been advised by Kelly Carpenter, the Director of Community Development, that a tabling of Items 7, 11 and 13 was requested by the Petitioner. C. MOTION TO APPROVE a model sales facility for SPRING HOUSE APARTMENTS, 5700 Rock Island Road, Building 10, Units 391, 393 and 394, for a six-month period from 9/12/90 to 3/12/91. SYNOPSIS OF ACTION -- REMOVED from the Consent Agenda because of fees in arrears. * V/M Hoffman said that the Petitioner owes the City money for * alarm violations and MOVED to remove this item from the agenda, * SECONDED by C/M Rohr. VOTE: ALL VOTED AYE CONSENT AGENDA 1. Items listed under Consent Agenda, Item #1, are viewed to be routine and the recommendation will be enacted by 2= MO,U20 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. 1, a. MQT,Z,QN TO APPROVE the attendance of Patrick Kieley, Chief Electrical Inspector, at the International Association of Electrical Inspectors annual meeting on September 16-19, 1990, in Tampa, Florida. APPROVED Page 1 City Council Regular Meeting 09/12/90/KJ ,1 CJ,tV Clerk 1. b. KQTION TO APPROVE the minutes of the following City Council meetings: 1) 8/16/90 - Special Meeting 2) 8/22/90 - Regular Meeting 3) 8/29/90 - Special Meeting 117NOP-1I$ PP AQTT4N-% APPROVED Comm';]RA y q �gg�lo�ent 1. C. W7TOIL-20 MYROVE a model sales facility for SPF ING HOUSE APARTMENTS, 5700 Rock Island Road, Building j10, Units 391, 393 and 394, for a six-month period frokn 9/12/90 to 3/12/91. S_UMI S OF ACT 1 ON : REMOVED from the Consent Agenda on Page 1. 1. d. MOTTQM_2q ,ADOPT Temp_ Reso_ #5869 granting a one - foot partial subordination of utility easement for GREENVIEW APARTMENTS, Building 5, located in the southwest corner of the project. AY1q $3_XS OF ACTION: RESOLUTION R-90-200--PASSED APPROVED Fire Dayarkagnt 1. e. MOTIgN,,,,TQ_,APPROVZ the transfer of $1, 010 .00 f ro� Fire Donations Account 135-366-925 and $804.00 from Fire Donations Account 135-055-588-99C (total of $1,814.00) to Fire Capital Equipment Account 001-223-522-647 for the purchase of an icemaker. AYNp$S,T,, OF ACTION: APPROVED mineral AdmiA,�A_tXjtive 1. f. MOTXQJR TO ADOPT Temp,, goo_ #5872 urging Supper7, of Constitutional Amendment No. 3 on the November 6, 1990 ballot limiting unfunded State mandates upon cities and counties. 8CNQ,+,gXP OF ACTXQN: RESOLUTION R-90-201-PASSES APPROVED xpj�lic Wor�tfi 1. g. MOT-TQIL_ TO ADOpT,.Xp*1?. Rego— #5873 authorizing the execute an Amendment to the Florida Department of Natural Resources Florida Boating Improvement Prografi Project B88016 for VETERANS PARK RESTROOM extendin,; the completion date of the contract to October 1, 1990, and providing for an additional $20,000.00 in grant funds from the State. a,yNOP;gi,g OF ACTI;QN: RESOLUTION R-90-202-PASSED APPROVED * V/M Hoffman MOVED to ACCEPT It_e,M 41, SECONDED by C/M Rohr. VOTE: Qommnnity gftyalopmoAt ALL VOTED AYE I Page 2 City Council Regular Meeting 09/12/90/KJ 11 1 25. MOTION TO ADOPT Temn__Reso.___5,5875 approving a one -foot partial subordination of easement with respect to Lot 9, Block 36, Woodlands Section 7, 5713 Bamboo Circle. .„XNOPSI3 �OF ACTION: RESOLUTION R-90-208-PASSED Agendized by Consent. See Page 16 for final action. * V/M Hoffman MOVED to ADD Item 25 by Consent, SECONDED by * C/M Rohr. VOTE: ALL VOTED AYE 2. MOTION TO APPROVE the transfer of $42,604.00 from certain accounts with surplus balances to various police services accounts to provide funding for the remainder of the past fiscal year. APPROVED * C/M Schumann MOVED to APPROVE this transfer, SECONDED by * V/M Hoffman. City Manager Kelly said this transfer covers additional expenditures in police services when officers left the employment of the City and went to BSO. He said the City was obligated to pay for their vacations or sick time if they opted to leave the BSO within the first three year period. He said $2,000.00 of the money is for this and an additional $15,000.00 is for additional costs to the pension plan based on the officers who opted not to go into the State plan and remained with the City. He said the rest of the transfer was to cover the first three months of the current contract before entering the fiscal year. He said the City joined the BSO in July, 1989, and there was a pro -rating of monies because BSO did not move into the building until July 11, 1989. He said the City had to use this year's budget monies to pay that bill. VOTE: ALL VOTED AYE 3. approving a revised site plan reflecting relocation of the 8th green at the SABAL PALM GOLF COURSE. RESOLUTION R-90-203-PASSED City Attorney Ruf read Ted._ Reno. __ #5874 by title. * C/M Bender MOVED to APPROVE , SECONDED by * V/M Hoffman. Kelly Carpenter, Director of Community Development, said this is an application by Sabal Palm Golf Course for a revised site plan approval. She said this site plan provides for the relocation of the eighth green which is located behind the Spring House Apartments, at approximately the northwest corner of the golf course next to the Sabal Palm Condominium. She said the golf course predates the City site plan requirement and the Code provides, since there is no official site plan, the City is allowing them to process as a revised site plan. She said the Page 3 City Council Regular Meeting 09/12/90/KJ said this green was relocated earlier in the 1980's as part bf the off -site work associated with the Spring House Apartments, Ms. Carpenter said the Sabal Palm Condominium has complained that golf balls hit from the eighth tee frequently land in their ' swimming pool. She said the City has attempted, since 1988, to achieve relocation of the eighth green. She said Staff is pleased to be working with American Golf Corporation, the new owner of Sabal Palm Golf Course. She said American Golf Corporation has proposed by the revised site plan, to relocate the eighth green. She said this site plan is the first step in achieving relocation of the eighth green, which American Golf Corporation, the City and the neighborhood are highly desirous of achieving. Ms. Carpenter said this is a revised site plan for the eighth green of the existing Sabal Palm Golf Course located at the , northeast corner of Commercial Boulevard and Rock Island Road, She said to accomplish this relocation, the applicant proposees to fill a part of the lake and to excavate lands now utilized ao the eighth green to create a new green. She said the applicant must obtain City, County and South Florida Water Management District approvals for the dredge and fill. She said the Tamarac Land Use Plan designates the lands as commercial recreation and the lends are properly zoned S-1. She said the Land Use and Zoning of the surrounding properties are as follows: to -the north, R-4A planned apartments, to the south, R-1 low medium residential, to the east, the Florida Turnpike, and to the west, R-1 and R-4A medium high and low medium residential. Ms. Carpenter said the revised site plan has been reviewed by the Tamarac Staff Review Committee and their comments are attached. (See Exhibit 1). She said the Committee recommended this application be heard by the Planning Commission with the following conditions: 1) All documents and agreements must be approved by the City Council. 2) The City will issue engineering permits when all documents and required permits from the County and State agencies, with respect to drainage, are received and in recordable form and approved by the Engineering and Community Development Departments of the City. Ms. Carpenter said the applicant has been requested to provide a report by its golf course architect concerning the path of the golf balls relative to the surrounding residential uses. She said applicant has provided this information. She said the site is in a Broward County compact deferral area and the property is unplatted, but a plat is not required for a golf course. She said no additional City services and facilities are required to serve this relocated green. She said pending approval of outside agencies and that the applicant has demonstrated that the improved safety is provided to the adjacent condominium, the Staff would recommend approval. She said the Planning Commission recommended approval of this revised site plan on September 5, 1990, subject to the Staff comments just made. i Ms. Carpenter demonstrated the graphics of the revised site plan to the public and Council. She said the applicant has proposed moving the green to the south into the middle of the lake which is currently on the site. She said the applicant will excavate the area where the green is located now and use it as the fill to create the new green. She said there will be a water buffer between the green and the Sabal Palm Condominium. She said In addition, based on the restructuring of the hole, the golfer is not enticed to try to hit the ball all the way to the green. She said the location of the green entices the golfer to hit down the fairway three -fourths of the way and change angle to the south and west. She said the balls would then go to the southwest of where the presently go. Mayor Abramowitz told the public there has been a long history of problems with this eighth green. He asked if Ms. Carpenter foresees any problems with the revised site plan and she said no. Page 4 City Council Regular Meeting 09/12/90/KJ E P-J I 1 C/M Rohr said for the past three and one-half years of his term as a Councilman, he has been dealing with this problem and is quite pleased for this solution. VOTE: ALL VOTED AYE Mayor Abramowitz expressed his appreciation to American Golf Corporation for understanding the problem and being so cooperative to the needs of the City and the neighborhood. 4. MOTION TO ADOPT,' Tamn_ Recto_ #5862 approving a reorganization of the Engineering/Utilities Department (tabled on 8/22/90). SYNOPSIS OF ACTION: RESOLUTION R-90-204-PASSED APPROVED City Attorney Ruf read by title. * V/M Hoffman MOVED to APPROVE Tom. Reso. #5862, SECONDED by * C/M Bender. City Manager Kelly said the City has been attempting to reorganize the Engineering/Utilities Department and has been able to accomplish this through gross negotiations with the Union participants. He said four positions that have become vacant through death or leaving City employment have not been filled, so the City has eliminated these four positions and consolidated eight other positions to effect a net annual cost savings to the City of $61,000.00. He said by doing this, it gives the few people that remain additional responsibilities, some more compensation, but the net effect is saving $61,000.00 per year. VOTE: ALL VOTED AYE 5. MOTION TO ADOPT, „'r=2.- J&eso.__#5870 declaring the results of the Special Election voting on 9/4/90 for Capital Expenditure #1 proposing street lighting improvements and Capital Expenditure #2 proposing sidewalk improvements within the City. $Y_v=j$___OF ACTION: APPROVED RESOLUTION R-90-205-PASSED City Attorney Ruf read Tem2._Reso.__#5870 in its entirety as required by law. * V/M Hoffman MOVED to APPROVE Tema_Reno.___#5870, SECONDED by * C/M Bender. , VOTE: ALL VOTED AYE 6. declaring the results of the Special Election voting on 9/4/90 for Charter Amendments 90-1, 90-2, 90-3 and 90-4 to Sections 4.02, 7.11, 8.01 and 11.01 of the Charter. 4 W%otwIR A 1 9 RESOLUTION R-90-206-PASSED City Attorney Ruf read T&MR- moo_ #5871 in its entirety as required by law. * V/M Hoffman MOVED to APPROVE TE=___ Reeo__ #5871, SECONDED by * C/M Bender. Page 5 City Council Regular Meeting 09/12/90/KJ VOTE: ALL VOTED AYE A:nn"nAX _,Mm� &;LatKAtJ.r_q 15. IMTXPIR TO Ap.ART TaMp_ Ord_ #1508 on first reading to approve a non-exclusive franchise agreement with ALL SERVICE REFUSE for commercial garbage and trash collection. ,gXNOP S I S QF ACTION APPROVED on first reading, subject to posting an additional bond in the amount of $900. Second reading and public hearing will be held on Wednesday, September 26, 1990 at 10:00 A.M. City Attorney Ruf read Tamp. Ord_ #1508 by title. * C/M Rohr MOVED to APPROVE Tegpp-Ord_ #1508 on first reading, * SECONDED by V/M Hoffman. City Clerk, Carol Evans, said that All Service Refuse has requested to post an additional $900.00 bond and asked it be made as part of the Motion. Mayor Abramowitz asked that in the backup, in order to make the bond that they post current, because of the larger population in the City of Tamarac, the additional bond needs to be postod. I City Attorney Ruf said Council is passing the Ordinance subject to the posting of the additional bond. City Manager Kelly said there are six vendors that provide garbage service to commercial properties, which are franchised with the City and pay a cash bond to the City, a minimum of $2,500.00�or a percentage of three months revenues. VOTE: ALL VOTED AYE 16. XQTZP�,,TO ADOPT Temp_ Ord_ #1510 on first reading to approve a non-exclusive franchise agreement with BROWNING FERRIS INDUSTRIES OF FLORIDA, INC., for commercial garbage and trash collection. EPTOPST4 Or MTXQN: APPROVED on first reading, subject to posting an additional bond in the amount of $250. Second reading and public hearing will be held on Wednesday, September 26, 1990 at 10:00 A.M. . City Attorney Ruf read Temp_ Ord_ #1510 by title. * C/M Rohr MOVED to APPROVE Temp_ Ord_ #1510 on first reading, * SECONDED by V/M Hoffman. V/M Hoffman said there is an Ordinance which prohibits the use of noisy machinery, before 8:00 A.M. He said some of the franch_se garbage collectors have been breaking this Ordinance on a regular basis. He said the City Manager's office has contacted them and all of the franchisees, except for Browning -Ferris Industries of Florida, Inc., have changed their scheduling and have complied with the Ordinance. He said either the driver of the truck tar Browning -Ferris Industries disregards the Ordinance, even though he has been warned by the Sheriff's Department, or the company does not care to observe the Ordinance. He said he will vote to approve this on the first reading; however, unless Browning-retris Industries can convince the City that they will adhere to the Ordinance and refrain from picking up garbage before 8:00 A.M.'and inconveniencing the residents of the community, he will definitely oppose the granting of this franchise on the second reading. C/M Rohr asked if it would be possible for the City Manager to notify the BSO and have them issue a violation. Page S City Council Regular Meeting 09/12/90/KJ C] I V/M Hoffman said he has requested BSO impose a deputy to issue a warning to Browning -Ferris Industries. He said he does feel it is incumbent upon the City to have the BSO present every day to watch the garbage removal. He said it is incumbent upon Browning -Ferris Industries to discipline its people to adhere to the City's laws. He said if they cannot comply with the Ordinance, he will definitely oppose franchising in the City. He suggested additional language placed into the various franchise agreements giving the City the right to cancel a franchise if there are flagrant violations of the City's laws. Mayor Abramowitz asked City Manager Kelly to approach Browning - Ferris Industries and inform them of the feelings of Council. V/M Hoffman said Browning -Ferris Industries has been picking up garbage as early as 6:30-7:00 A.M. City Clerk Evans said the additional bond for Browning -Ferris Industries is $250.00. VOTE: C/M Bonder - AYE C/M Rohr - AYE C/M Schumann - AYE V/M Noffman - NAY Mayor Abramowitz - AYE 7. concerning a request by FLH Homes, Inc., for special exception to permit a gasoline service station, with car wash and foodmart, at the southeast corner of McNab Road and NW 88 Avenue, which is zoned B-2 (Planned Business). Petition 123-Z-90. SYNOPSIS QX ACTION: TABLED to October 10, 1990 at 10:00 A.M. City Attorney Ruf read by title. Ms. Carpenter said she had received a letter from the applicant, FLH Homes, Inc., signed by the president, Stuart B. Feiner, requesting a postponement on this matter until October 10, 1990 which is a time certain request. She said Staff has no objection. Mayor Abramowitz said there has been a request to postpone the hearing, and the applicant, by law, has every right to do this, until October 10, 1990 at 10:00 A.M. * C/M Rohr MOVED to TABLE to October 10, 1990 * at 10:00 A.M., SECONDED by C/M Bender. VOTE: ALL VOTED AYE At this time, a large number of residents in the audience asked if there was any way to oppose this postponement. Mayor Abramowitz said the Petitioner has the legal right to come before Council and ask for a postponement. He said Council cannot refuse to grant the Petitioners' right for a postponement. The spokesman for the public asked if the Petitioner can table the public hearing again. Ms. Carpenter said he can request another tabling, but the only one that can grant the tabling is Council. Mayor Abramowitz said on October 10, 1990 at 10:00 A.M., this Item will be heard by the public. He explained that if Council does not do what is supposed to be done, under the legal aspects Page 7 City Council Regular Meeting 09/12/90/KJ of the law, then Council is open for a lawsuit. He said time certain means that when a date is named, the item will be`m the Agenda, unless the Petitioner takes the item off permanently. 8. PPRI�Xr M()TICff TCQ ADOPT T y 1 � n �€isQnu M;5461 concerning a request by Exxon Company, USA, to amend original special exception condition limiting asphalt in east 40-feet of site to east 15 feet. Goal is to provide additional parking to meet current demand on lands at the southea$t corner of University Drive and Southgate Boulevard, which are zoned B-2 (Planned Business). Petition #24-Z-90. SYROP914, P? 4CT7041 RESOLUTION R-90-207-PASSED APPROVED with conditions. Public hearing held. City Attorney Ruf read Temp_ Reap_ #5068 by title. * C/M Bender MOVED to APPROVE Temp_ Retpo_ #�p68 C/M Rohr. , SECONDED by * Kelly Carpenter said this is a petition by Exxon Company, inc., for a revision to a special exception, Petition #24-Z-90. She said the applicant is requesting an amendment to a special exception which was granted by the Tamarac City Council, She said the parcel is 1.438 acres, properly zoned B-2 and has a cozen ercial land use designation. She said on April 6, 1982, the Tamarac City Council granted a special exception for the gas station on this Parcel. She said a condition was placed on the special exception that the east 40 feet of the property should contain only ;5 feet of asphalt. She said the east 40 feet of the property today contains grass and mature vegetation. She said the east property line abuts existing residential zoned R-3 in the City of Tamarac. She said the surrounding property owners have been notified by mail and a legal ad has been placed in the paper. She said there was no opposition at the Planning Commission meeting. She'said the surrounding uses are the following: north -park open space, zoned A-1, south -commercial B-6, east -residential R-3 and west - commercial B-2. Ms. Carpenter said the B-6 parcel to the south has no similar 40 foot buffer or requirement of only 15 foot of asphalt on its east side. She said the B-6 parcel backs into single-family residential, which is also developed. She said the B-6 property owners spoke at the Planning Commission meeting in favor of this request. She said there is a severe parking problem on the site, which is documented on slides. She said the applicant has a thriving business at that location and has created for himself, a severe parking problem. She said cars are parked on the frontage road and double parked, partially blocking access. She said the parking requirement for this use on this site is eleven spaces based on the square footage of the approved gas station. She said the site plan required eleven parking spaces and these eleven. parking spaces are properly provided on the site. Ms. Carpenter said currently along this strip on University Drive, there is no precedence for requiring 40 foot buffers with no parking asphalt for other gas station special exceptions. She said the Planning Commission recommended approval and did not place any conditions on their approval. She said at the time this request was written, the minutes were not completed and they load to listen to the tapes. She said the special exception can be amended to eliminate the requirement of a 15 foot limitation on asphalt with the following conditions: 1) All setback requirements of the B-2 zone apply --including a 50 foot street setback, 25 foot side street setback, 35 foot side corner setback and 50 foot rear setback. 2) No outdoor storage shall be located at any of the required setbacks. Page 8 City Council Regular Meeting 09/12/90/KJ 1 3) The mature trees which are above the wall on the east property line must remain in place. 4) A hedge of at least 36 feet, at the time of installation, shall be placed along the east property line. The applicant must maintain a minimum of a 10 foot landscape buffer strip along the residential property. She said the applicant is present and has asserted in writing that he intends to maintain a minimum of a 15 foot landscape buffer strip along the residential property and has agreed to install the hedge and to leave the mature trees along the east property line. 5) All current site plan requirements must be met by the applicant when the new required site plan is submitted. The 40 foot buffer area was used to comply with the interior landscape requirements of green, shade producing trees. If all but 15 foot of the buffer is eliminated, then equivalent square footage per parking space must be provided elsewhere on the site plan. Ms. Carpenter said the site is currently a 41% impervious area. Additional parking is preferred to be unpaved and sodded subject to the approval of the Environmental Quality Control Board. Ms. Carpenter said the issue is and the applicant has asserted that he does not believe that grass parking is approveable by EQCB, which is not known at this time as application has not been submitted to EQCB. She said all existing parking problems must be remedied by the applicant when a new site plan is submitted. She said if this request is approved, the special exception would be valid for one year from the time of Council approval and shall become null and void, unless construction or use is substantially underway during the one year period or unless the applicant requests and receives an extension approved by the Planning Commission during that one year period. TAPE 2. Cindy Paddock, from Heller, Weaver and Cato, Inc., representing Exxon Co., U.S.A., said this is a request that Exxon be allowed to put additional parking in the east area of their existing lot. She said, (looking at the graphics) currently this is a mature landscaped buffer. She said they have a well -going mechanical repair business at this location and have discovered that more parking is needed. She said they have requested this from the City to solve access problems. She said they propose to provide additional landscaping along the back wall along the east line to screen the adjacent residential. She said the residential is Southgate Gardens Condominium, which is approximately 70 feet east of the wall. Ms. Paddock said the condo has a mature landscape hedge with mostly trees in it. She said there are some shrubs, a row of parking, a two-way access drive, another row of parking and a small landscape strip. She said the condo is a distance from the wall. She said Exxon is leaving all the existing trees and proposes to add additional trees of Live Oaks to fill in the screen to provide a solid hedge. She said Exxon is proposing to relocate one of the trees. Ms. Paddock said all of the existing berms will remain and changes will only be made along the east side. She said Exxon is proposing to upgrade all the landscaping on the site as follows: She said to the east a fill in of the hedge, additional landscaping and ground cover, an additional hedge along University Drive and additional ground cover, landscaping around the sign and on Southgate Boulevard, screen the view of mechanical area as much as possible proposing to extend the hedge to the property line and provide a hedge, requested by the Planning & Zoning Board around the parking and filled with ground cover. Ms. Paddock said there was no opposition and Exxon has exceeded the landscape requirements. She said the landscape was planned to be drought tolerant to comply with the City's new landscape Page 9 City Council Regular Meeting 09/12/90/KJ as possible proposing to extend the hedge to the property line and provide a hedge, rPqup-ited by the Planning & Zoning Board arou)Md the parking and filled with ground cover. Ms. Paddock said there was no opposition and Exxon has exoeede4 the landscape requirements. She said the landscape was pl9an4ed to be drought tolerant to comply with the City's new landscape policies. She said Exxon would prefer to go with paved parkin-g rather than sodding, due to concerns about environmental pxol�loms of having cars parked over a sodded area where potential fluid could leak from the vehicles into the soil. She said this would be addressed at site plan approval, when applying for permits. She said Exxon is looking to upgrade the landscaping as much as possible to screen this use from both the streets and adjacent residents. She displayed the graphics to the public. Irving Katz, resident, asked when providing additional parking spaces for a garage facility, what type of vehicles will be allowed to park there. He asked what condition these parked! vehicles would be in. Mayor Abramowitz said that this is a gas station that does automobile repairs. Mr. Katz asked for what length of time these cars would be parked there. Mayor Abramowitz said until the proprietor receives the mosey for the repairs. V/M Hoffman asked if body work is done at this location. Ms. Paddock said no body work or painting, only light repair wicyrk. Anthony Grimaldi, resident from Heathgate Sunflower, said he s-oke on behalf of the approval at the Planning Commission meeting. He said it is necessary to have this additional parking area bec}a,ase it is the only service station for about a mile square or mote. He said it does do a great service to the residents. He said ,he proprietor has no more room for additional cars coming in to get gas and other services. Irving Lopatey, resident, asked if Southgate Condominiums was a condo or a rental. Mayor Abramowitz said it is a condo and the rentals are directly east of that complex. C/M Rohr asked how many additional parking spaces are required, Ms. Carpenter said the City is not requiring any more, but Exxon is hoping to achieve ten. She said the use only requires eleven, which they already have. C/M Rohr asked if they would or would not prefer to park on grass. Ms. Carpenter said they would prefer to park on pavement. C/M Rohr asked what the problem was with getting more pavements He said he is opposed to parking on grass. Ms. Carpenter said the applicant is opposed to parking on grass. She said Staff asked if they would consider parking on specially treated sodded areas, such as what EQCB is requiring along road rights -of -way. She said this issue would be resolved at the time permits are submitted to EQCB. She said the only way the applicant can achieve additional parking is to reduce the 40 Eoot buffer to a 15 foot buffer. She said the special exception that was granted in 1982, does not allow them to do that. Page 10 City Council Regular Meeting 09/12/90/KJ C/M Bender said he understands that the approximate ten spaces the gas station needs can be considered a holding area, storing temporarily until servicing, and cannot visualize a contamination problem because there would be no work done. C/M Schumann asked if most of these cars are dropped off in the morning for service and picked up at the end of the day. Alan Popick, Proprietor of the Exxon Station, said at present his station is servicing between 25-55 vehicles per day and the majority are dropped off in the morning and picked up at the end of the day. He said he has a lot of the Tamarac residents coming to him for business and does not have enough room to accommodate everyone. C/M Rohr said he had some confusion regarding parking on the grass area. Mayor Abramowitz said in order for Exxon to allow parking on the grass area, they must get permission from the regulatory agencies. He said when they do come before Council, and Council feels grass is not acceptable and pavement will be approved at that time. VOTE: ALL VOTED AYN 9. a. Affidavits of Publication and Posting for Petition #17-Z-90. 9. b. on second reading concerning a request by Lennar Homes, Inc., to rezone lands proposed for the recreation area for GRANVILLE, located between Nob Hill Road and NW 108 Terrace, south of NW 80 Street, from R-3 (Low Density Multiple) to S-1 (Open Space -Recreational). Petition $17-z-90. ORDINANCE NO. 0-90-33-PASSED a) ACCEPTED AFFIDAVITS. b) Public hearing was held. APPROVED on second and final hearing. a. * V/M Hoffman MOVED to ACCEPT Affidavits of Publication and Posting * for , SECONDED by C/M Bender. VOTE: ALL VOTED AYE b. City Attorney Ruf read by title. * V/M Hoffman MOVED to APPROVE , SECONDED by * C/M Bender. Ms. Carpenter said this is an application by Lennar Homes, Inc., Petition #17-Z-90, requesting rezoning from R-3 to S-1-open space recreation, for the recreation parcel for Granville, situated between Nob Hill Road and NW 108th Terrace south of 80th Street in the City of Tamarac. She said the corporation is seeking to make this rezoning in order to accommodate the recreation area for Granville. She said the Tamarac Land Use Map designates this land as medium density residential, 10-15 dwelling units to the acre. She said the recreation areas are consistent with the uses permitted in this land use designation. She said the parcel contains 1.966 acres more or less. She said the following are the surrounding land uses. She said to the north -medium residential, to the south -medium residential, to the east -medium high residential, and to the west -medium residential. Page 11 City Council Regular Meeting 09/12/90/KJ Ms. Carpenter said the Planning Commission recommended approval of this request on July 5, 1990 and Staff recommends approval of this rezoning request from R-3 to S-1. j Mayor Abramowitz said they are taking residential and rezoning for recreational. Ms. Carpenter said this allows the City to count that residential toward the County requirement for the Comprehensive Land Plan. VOTE: ALL VOTED AYE 10. a. *gTXQ& TA AQCAkJ Affidavits of Publication and Pasting for Topp„ ���_ A!� . Petition #18-Z-90. 10. b. Rq)JkXr_- $MXNG - 140TIOX—TO At2RRI Tegp - Onck. J15Afii on second reading concerning a request by Jacobaon'F Trustee for Tamarac 1299 Land Trust, to rezone lands located approximately 660-feet south of McNab Road'to the northernmost property line and approximately 1015 feet west of Nob Hill Road to the easternmost property line from R-3 (Low Density Multiple) to LI-1 (Ligh7 Industrial) to conform to the Broward County Land Use Plan. Petition #18-Z-90. SXNOPSX4 QIr ACTIPN.;, ORDINANCE NO. 0-90-34-PASSED a) ACCEPTED AFFIDAVITS. b) Public hearing held. APPROVED on second and final hearing. a. * V/M Hoffman MOVED to ACCEPT Affidavits of Publication and Posting * for Tamp., Ord, #15QG,, SECONDED by C/M Bender. VOTE: ALL VOTED AYE b. City Attorney Ruf read Temp._OxA,.#J306 by title. * V/M Hoffman MOVED to APPROVE Tamp. Ord,. #�5j, SECONDED by * C/M Bender. Ms. Carpenter said this is an application by Jacobson, Trustee -for Tamarac 1299 Land Trust, for rezoning Petition #18-Z-90. She said the subject property is currently zoned for residential development R-3,low density multiple residential. She said tha applicants petition is to rezone from R-3 to LI-1,light industrial, which allow the industrial development of this property. She said the only proper zoning category for this land, which is designated industrial on the Tamarac and Broward County Land Use Plan, is LI-1. She said Staff would consider this as zoning to conformity. She said the site is located 660 feet south of McNab Road and will have frontage off the east side of the proposed alignment for Hiatus Road. She said the property is approximately 13 acres in size and the following are the surrounding land uses. She said to the north -industrial, to the east -commercial' and industrial, to the south -industrial and to the west -industrial. She said not all of these parcels have been rezoned to industrial but are all designated industrial on the plan, Ms. Carpenter said the Planning Commission voted to recommend approval of this rezoning request to LI-1 at their July 5, 1990 public hearing. She said Staff supports this rezoning to LI-1 to bring it to conformance with the City and County Land Use Plan, which anticipates and promotes the industrial development of this site. She said the applicant is present. Mayor Abramowitz asked if this property is in the northern portion of Land Section 7 and if it would put the City in conformity. He complimented Ms. Carpenter for the letter from the State, in w'�Jich they are going to approve Tamarac's Comprehensive Land Plan, based on what is being done. Page 12 City Council Regular Meeting 09/12/90/KJ 1 1 [7 Ms. Carpenter said it is in the northern portion of Land Section 7, but toward the middle of the section. Melanie Reynolds, resident, asked if the Tamarac 1299 Land Trust is the same thing as the Community Development District. Ms. Carpenter said in the north half of Land Section 7, the 14 property owners have discussed, along with City Staff, the potential of establishing a Community Development District. She said that establishment takes action by the Council. She said there is no proposal on the table at present for a Community Development District. She said if it is brought forward, it would be brought forward by the property owners. She said it is in Land Section 7, but it is not covered by any Community Development District or any other district at the present time. Ms. Reynolds asked what is the Tamarac 1299 Land Trust. Ms. Carpenter said the application states Petitioner, James C. Jacobson, Trustee, and lists a Hollywood address. She said the applicant is present. Adam Zipper, with law offices at 9500 S. Dadeland Boulevard, Miami, said the 1299 Land Trust got its name because the property is 12.99 acres in size. He said there are beneficiaries of that trust, one of which is Scott Roberts, who is present. He said Mr. Jacobson is the Trustee and that is the name given to this property, based on the size. V/M Hoffman said there had been discussion in the past regarding the initiative of the City rezoning all this land at one time rather than having it brought forward in pieces. He asked if there has been anything done to pursue this. Ms. Carpenter said at the last Council meeting, it was requested she pursue this. She said there are approximately 200 acres of land in the north half of Land Section 7 of which 131 acres will have been rezoned if both rezonings on this Agenda are passed. She said these represent 6 of the 8 property owners, thus there are about 70 acres, 8 owners, left of land which has not been rezoned. She said the applicants, to date, have paid approximately $3,000.00 in fees and $440.00 in advertising costs. She said should the 8 parcels all be considered individually in the future, that would be cause to be paid an additional $4,000.00 in fees and over $500.00 in advertising costs. Ms. Carpenter said the fees which the applicant pays are to cover the costs of processing the application. She said this pays for copying, labor, slides, etc. She said if the rezoning were to be done all at once, the $4,000.00 revenue will not come, but also there would be one case processed compared to eight. She said the City would then be the applicant, not the property owners. She said two of the applicants would not come forward, one is the Expressway Authority and the other is the Archdiocese of Miami. She said 6 owners have already paid and 8 owners would not pay. Mayor Abramowitz said to examine this. VOTE: ALL VOTED AYE 11. a. MOTION 'rQ,,&Q= Affidavits of Publication, Mailing and Posting for Petition #11--Z-90. 11. b. on first reading concerning a request by Lawrence D. Kramer and Sam Cantor to rezone lands on Commercial Boulevard, between NW 92 Avenue and NW 94 Avenue, from B-2 (Community Business) and B-6 (Business District) to B-3 (General Business District). Petition #11-Z-90. Page 13 City Council Regular Meeting 09/12/90/KJ SYNOPSIS OF ACC' TQn;, a) ACCEPTED AFFIDAVITS. b) TABLED to October 10, 1990 at 10:00 A.M. a. * C/M Rohr MOVED to ACCEPT Affidavits of Publication, Mailingiand * Posting for Temp_ Ord_ #�514, SECONDED by C/M Bender. VOTE: ALL VOTED AYE b. City Attorney Ruf read Temp_ Ord_ #1514 by title. Ms. Carpenter said applicant had requested, by telefax, a deietral until October 10, 1990 at 10:00 A.M. She said Staff does not object to this request for a Table and a time certain. * V/M Hoffman MOVED to TABLE �my� Order,-„Z,�x� to October 10, 1990 * at 10:00 A.M., SECONDED by C/M Rohr. VOTE: ALL VOTED AYE 12. a. MO XQN 'TQ ACCEPT Affidavits of Publication, Mailing and Posting for %agLip. 02,Lj, #1511,, Petition #21-Z-90. 12. b. P";RAZC IKWING - MOTION TO ADOPT Ten}R. qr4,, L AX,5 on first reading concerning a request by Ralph E. Lee, Jr., and Joanne Lee to rezone lands in the west half of Tract 9 of Land Section 7, on McNab Road west of Nob Hill Road, from R-4A (Planned Apartments) to LI-1 (Light Industrial) to conform to the City Land Use Plan and the Broward County Land Use Plan. Petition #21-Z-90. $X*QPJJX►fJ OF ACTION a) ACCEPTED AFFIDAVITS. b) APPROVED on first reading. Public hearing held. Second reading will be held Wednesday, September 26, 1990 at 10:00 A.M. a. * C/M Rohr MOVED to ACCEPT Affidavits Of Publication, Mailing and * Posting for Temp_ Ord_ #151�, SECONDED by V/M Hoffman. VOTE: ALL VOTED AYE b. City Attorney Ruf read TpAp, Qgd_ #1515 by title. * V/M Hoffman MOVED to APPROVE Temp. Or4, #1515, SECONDED by * C/M Rohr. Ms. Carpenter said this is a Petition by Ralph E. Lee, Jr. and Joanne Lee, Petition #21-Z-90. She said the subject property Is zoned for residential development R-4A. She said the petiticn.is to rezone this property to LI-1, light industrial, which would allow the industrial development of this property. She said!t�is property is currently designated industrial on both the Broward County and Tamarac Land Use Plans and LI-1 is the only appropriate zoning district. She said the site is located south of McNab load and will have frontage on McNab Road. She said the property is approximately 7.42 acres in size and the following are the surrounding land uses. She said to the north -designated neighborhood business and single family B-1 & R-1C zoning, to the east -industrial, to the south and west -industrial, although they have not all been rezoned at the present. Ms. Carpenter said the parcel is designated industrial on moth plans and is technically a rezoning to conformity with those plans. She said the Planning Commission has recommended approval and the staff recommends approval of this rezoning to LI-1, bringing it into conformance with both Land Use Plans. VOTE: ALL VOTED AYE Page 14 City Council Regular Meeting 09/12/90/KJ r 13. Ord- #1502 on first reading to amend Section 24-434 of the Code to provide for additional uses in the B-2 (Community) and B-3 (General Business) Districts and to provide for special accessory uses for gasoline and oil filling stations subject to special exception approval. SXRQPSTS -Or . CTIDN r TABLED indefinitely. City Attorney Ruf read by title. Ms. Carpenter said the applicant and Staff requested a Tabling of this item, indefinitely. She said it would be requested to re - advertise at the time a new public hearing date is selected. * V/M Hoffman MOVED to TABLE , SECONDED by * C/M Schumann. VOTE: ALL VOTED AYE 14. on second reading to permit those former employees of the City Police Department on 6/30/89, who immediately thereafter became employed by the Broward Sheriff's Office, to participate in the City's Pension Plan. ORDINANCE NO. 0-90-35-PASSED Public hearing held. APPROVED on second and final hearing. City Attorney Ruf read by title. * V/M Hoffman MOVED to APPROVE SECONDED by * C/M Bender. 11 Peter Mack, Director of Personnel, said the former police officers of the City were provided an opportunity to make an election to remain with the City's Pension Plan or to go with the Florida Retirement System. He said 35 of the police officers opted to remain with the City's Pension Plan, which provides the City with the opportunity to receive State money. He said this is recommended by the Pension Board. VOTE: ALL VOTED AYE At 8:15 P.M., Mayor Abramowitz RECESSED the meeting and RECONVENED at 8:25 P.m. with ALL PRESENT. 17'TeMg-on first reading to approve a non-exclusive franchise agreement with COUNTY WASTE, INC., for commercial garbage and trash collection. APPROVED on first reading, subject to posting an additional bond in the amount of $lr400. Second reading and public hearing will be held on Wednesday, September 26, 1990 at 10:00 A.M. City Attorney Ruf read by title. * V/M Hoffman MOVED to APPROVE TQMR_ or on first * reading, SECONDED by C/M Bender. City Clerk Evans said the additional bond fee of $1,400.00 is due. VOTE: ALL VOTED AYE Page 15 City Council Regular Meeting 09/12/90/KJ 18. MOTTPDT TQ AI)DPT TqM, Ord_ #�,S09 on first reading to approve a non-exclusive franchise agreement with INDUSTRIAL WASTE SERVICES, INC., for commercial garbage and trash collection. AXNOPSIS QF ACT7QN: APPROVED on first reading, subject to posting an additional band in the amount of $1,650. Second reading and public hearing will be held on Wednesday, September 26, 1990 at 10:00 A.M. City Attorney Ruf read Temp, Ord_ #�509 by title. * C/M Rohr MOVED to APPROVE Tempt -Ord_ #JAQ2 on first reading, * SECONDED by V/M Hoffman. City Clerk Evans said the additional bond fee of $1,650.00 is due. VOTE: ALL VOTED AYE 19. MOTJQN TO _J%DOPT Tpmp_ 02�Si. 91512 on first reading to approve a non-exclusive franchise agreement with LARRY O'CONNOR SANITATION SERVICES for commercial garbage and trash collection. AYNOPA; S q)r ACT XQN : APPROVED on first reading. Second reading and public hearing will be held on Wednesday, September 26, 1990 at 10:00 A.M. City Attorney Ruf read Temp, Ord. #1512 by title. I * C/M Bender MOVED to APPROVE Tenn, Ord. #1512 on first reading, * SECONDED by V/M Hoffman. Mayor Abramowitz asked if the City is preventing any anothez garbage company from servicing the City in order to keep Larry O'Connor. City Manager Kelly said no. He said Larry O'Connor is not doing any business at the present and opts to have a franchise in the City for the time he decides to operate. VOTE: ALL VOTED AYE 20. HOTIgX, TO JkDOPT„ Tens, Ord,„_*15�1 on first reading to approve a non-exclusive franchise agreement with SOUTHERN SANITATION SERVICE for commercial garbage and trash collection. 4XXOSI-1 OF JkCTXgN! APPROVED on first reading, subject to posting an additional bond 1r. the amount of $6,025. Second reading and public hearing will be held cn Wednesday, September 26, 1990 at 10:00 A.M. City Attorney Ruf read T@My_ OXd_ #15" by title. * V/M Hoffman MOVED to APPROVE T Rp. O;Z4. # 13 on first * reading, SECONDED by C/M Rohr. City Clerk Evans said the additional bond fee of $6,025.00 is due. VOTE: ALL VOTED AYE CPMM,Unit,y Dek�eloyMent 25. 7ION—TO 4POPT Tend_ P�gso_ #5874 approving a one-fDot partial subordination of easement with respect to Lot 9, Block 36, Woodlands Section 7, 5713 Bamboo Circle. MYNOP,S IS OF ACTXQN: RESOLUTION R-90-208-PASSED Page 16 City Council Regular Meeting 09/12/90/KJ Agendized by Consent on Page 3. APPROVED * C/M Bender MOVED to APPROVE 10mg-___Reno_ _#5R25, SECONDED by * C/M Rohr. City Attorney Ruf read T_= - Reso- __ #5875 by title. Ms. Carpenter said this application is made by Rosalie Proia, and is a new request from the one Council approved at the August 22, 1990 Council Meeting. She said this application concerns a subordination of all the air rights for 3.5 feet on the side property line. She said an encroachment of subordination of an easement for 1 foot had been processed at the August 22, 1990 Council Meeting. She said because of the encroachment of the eaves of the roof into the easement, an additional 3.5 feet subordination is needed. Ms. Carpenter said on Thursday, September 6, 1990, the problem was brought to Staff and Staff presented a considerably impossible task of getting approval letters from all four affected utilities: Tamarac Utilities West, Southern Bell, Florida Power and Light and Continental Cable Television for the further subordination of easement. She said on Tuesday, September 11, 1990, Mrs. Proia's attorney presented Staff with the required letters and Staff was asked to place this Item on the Agenda. She said Staff has no objection to the further subordination of the 3.5 feet to take care of the air rights problem where the roof encroaches into the easement. City Attorney Ruf said the Resolution should not be a 1 foot partial subordination, it should be a 3.5 foot partial subordination. Mayor Abramowitz said that Item #25,g - 15875, should read, "a 3.5 foot partial subordination". City Attorney Ruf said a change will be made in the Resolution. C/M Schumann asked if a certified Resolution from Council is going to satisfy the title company. City Attorney Ruf said that is what the title company asked for. Craig Mandell, attorney for Rosalie Proia, said the terminology in the Resolution Ill foot" should remain as 1 foot, because that is dealing with the house. He said it is only to the air rights section, dealing with the eaves or the overhang. He said to be Consistent to what the utility companies have approved, it is the 1 foot partial subordination of the easement itself and a subordination for the air rights as to the rest, with respect to the overhang or the eave of the house. TAPE 3 Mayor Abramowitz said the Petitioner made a request and asked if Council complied with the request. Ms. Carpenter said yes, and the Resolution is properly worded. Mayor Abramowitz said he does not feel that Council should get into what the title company and the attorney wanted. He said he wanted to know what the request was and questioned whether this Resolution meets the requirements of the request. Ms. Carpenter, for the record, read the Resolution: "Section 1: That the one foot partial subordination of the 5 foot utility easement located on the east property line of Lot 9, Block 36 of the Woodlands Section 7, according to the Plat thereof, as recorded in Plat Book 67, Page 41 of the public records of Broward County, Florida, is hereby approved with respect to any encroachments into that 1 foot portion of the easement of any physical structures or other improvements." Page 17 City Council Regular Meeting 09/12/90/KJ Ms. Carpenter said that is basically a repeat of what was done at the August 22 Council Meeting she continued: "Section 2: th4t all air rights associated with or arising out of said 5 foots utility easement, are hereby subordinated to the encroachment into those air rights of the overhang or eave on the house located upon the property, which overhang or eave is approximately 7 feet Above the ground. Section 3: That all utility companies, includ#q Florida Power and Light, Southern Bell, Continental Cable of Broward and Tamarac Utilities West, also approve of the subordination set forth as evidence and Exhibits 1,2,3 and 4 attached hereto and made a part thereof, the letters." Mayor Abramowitz verified that this covered the City and City Attorney Ruf agreed. VOTE: ALL VOTED AYE i PPAX. --]?PAT, X q--7QRWN 21. ARX, RC'��UM - Any member of the public who wishes to address the City Council at this time must, in advancelo¢f the item, give his/her name and address to the City Clerk.', Milton Meyer - not present Marvin Seidel, Kings Point resident, expressed his concern regarding recurring automobile accidents and requested the City Council and Staff to do anything possible to get a stop light at the corner of 71st Street and Nob Hill Road, or the Belforrt entrance and 71st Street which enters into Ashmont, Clairmont and Isles of Tamarac. He said he has spoken to Mayor Abramowit2 regarding this situation. He said he is quite concerned that there may be a fatality at this intersection in the future. Mayor Abramowitz said the City has had six requests to Broward County and Broward County has made six traffic studies in that area. He said a letter was sent to the Civic Association of Kings Point from Richard Ronskavitz, Director of Broward County Traffic and Engineering, and the person who the City needs to go to fDr a request. He said the last letter received was that Broward County did their traffic study, during the slowest time of the year. He said Kings Point was told that Broward County is willing to come out and do a traffic study at any time that Kings Point designates. He said he met with Commissioner John Hart and asked him to do something at that location. He said Commissioner Hart said he would look at it. Mayor Abramowitz said he is arranging to send the information to Commissioner Hart. He said Mr. Ronskavitz sat at that intersection for 2-1/2 hours, himself, with the Committee from Kings Point and discussed and observed the situation. Mayor Abramowitz said he would like to have a traffic light at that intersection. Melanie Reynolds, resident, said she understood that City Manager Kelly is going to transfer the monies from the Public Works 10 acres into the construction of the Public Works Utility Complex, Land Section 7. She asked if Council agreed with this. Mayor Abramowitz said to present, other than reprimanding a person, City Manager Kelly has not, to his knowledge, looked to transfer any sort of money without bringing it before Council, Ms. Reynolds asked if Council agrees to the transfer. Mayor Abramowitz said he cannot speak for Council, only for himself. Page 18 City Council Regular Meeting 09/12/90/KJ Ms. Reynolds asked if Council intends to transfer the money received from the sale of the Public Works 10 acres to the Public Works Tamarac Utilities Complex. Mayor Abramowitz said that was the intent of this Council. Ms. Reynolds said Council cannot do that. She said the people only voted for a Public Works Building not for the Complex, because the people turned it down twice and Council cannot go against the vote of the people. Mayor Abramowitz said the City is building a Public Works Complex that is saving about three million dollars. Ms. Reynolds said Council has to go to another Referendum to ask the people if the City may spend the money for the Complex. Ms. Reynolds asked when Council is going to appoint the Board of Adjustment people. Mayor Abramowitz said when Council finishes with more pressing issues of the City. He said it was supposed to be on the Agenda for this meeting; however, the list of items on the Agenda was quite lengthy. He said in the very near future, those appointments will be made. Ms. Reynolds said she understood that Mayor Abramowitz took City Attorney Ruf out to lunch on City business. She said City business is public business; therefore, she would like to have a report on what was discussed about City business. Mayor Abramowitz said, to his knowledge, he and City Attorney Ruf have never gone to lunch. He said he has taken City Manager Kelly out on his own. Ms. Reynolds said that is alright as long as no City business is discussed. She said there is a record that Mayor Abramowitz took City Attorney Ruf out to lunch, discussed City business, and was reimbursed for $9 and change. Mayor Abramowitz said he thought what Ms. Reynolds is referring to is he may have taken either Senator Weinstein or Representative Graber to lunch and $9.30, resulted in, this year $150,000.00 and last year $250,000.00, which he considers a good return. Thomas Van Note, residing at 7404 NW 75th Street in Tamarac, said he brings a Petition with 119 signatures along with several neighbors, to bring to Council's attention a very bad situation existing in the Greenbriar Townhome Development. He said during the recess, he presented Mayor Abramowitz with the original copy of the petition signed with 119 names and 17 color photographs of what his neighborhood looks like at the present time. He said these photographs demonstrate that the City is not maintaining the median strip, the swales, or the canal at the end of the street. He said the community first started building in 1973, and since 1975, when he moved into the community, he feels the City has not put any sod in. He said the sod that exists is there from the original developer, as well as the trees. Mr. Van Note said he was present to request that the Council look into having the Public Works Department put his community back on their maintenance schedule. He said, as the City was growing, somehow his community was taken off the maintenance schedule. Mr. Van Note said his community has approximately 130 children living in the neighborhood, who do not have any place to play except the streets. He said they cannot play on the swales or medians because there is no grass and they have red ants. He said the residents have tried to eliminate the red ant problem with little success. Page 19 City Council Regular Meeting 09/12/90/KJ their maintenance schedule. He said, as the City was growing, somehow his community was taken off the maintenance schedule. Mr. Van Note said his community has approximately 130 children living in the neighborhood, who do not have any place to play except the streets. He said they cannot play on the swales or medians because there is no grass and they have red ants. He said the residents have tried to eliminate the red ant problem with little success. Mayor Abramowitz said to give the photographs to City Manager Kelly, who will visit each Councilman individually to show the photographs. Mr. Van Note said approximately one week ago, the residents started the petition and the Public Works Department came and scut the grass. He said the photographs show the medians, swales, the leaves in the gutters and curbside were taken one week after Public Works cleaned up the neighborhood. Mr. Van Note said there is a storm drain on Northwest 75th Street that the Public Works Department inspected and said it was clogged and nothing has been done about it. He said when it rains, 10 inches of water remain on the street. He said the pot holes are being filled, there is a photograph. He said there is a fire hydrant that has been disassembled recently, by City workers, which.has not been completed. Mr. Van Note said there is a canal at the end of the street, ',with the photographs as evidence, which smells and looks awful, l e said there is only one "Children At Play" sign in the community and no speed limit signs posted. He said he would like Council to look into having more "Children At Play" and speed limit signs put up and possibly reducing the Speed Limit to 15 miles per: hour. Mayor Abramowitz said Council is allowed to reduce the speedlimit to 25 miles per hour, but no less and Mr. Van Note agreed, Mayor Abramowitz said when Mr. Van Note visited him a few dayz before the meeting, he toured the neighborhood. He said these is a serious problem. He said there are five men who cut 7 million square feet of grass daily and the City is in a state of emergency in grass cutting. He said City Manager Kelly has taken every person off every job in Public Works and put them on cutting grass. He said only two departments were budgeted more money this year, one was Social Services for transportation and the other was Public Works, adding 9 or 5 employees. He said, as far as trimming the trees, the City does not have the equipment to �xim the trees. Mayor Abramowitz said once a year, the City rents equipment tc.r tree trimming. He said until last year, the canal treatment and cleaning was 50% the responsibility of the State and 50% the; responsibility of the City. He said the State has withdrawn'iall funds, Broward County supplies no funds; therefore, the entire expense of canal treatment and cleaning belongs to the City.; Mayor Abramowitz said Mr. Van Note came to him saying he felt his community was being neglected by Code Enforcement. He said lie told Mr. Van Note to come forward with a letter stating the problems. He said when Code Enforcement goes into the City and they see violations of the Code, they issue citations if not ih compliance with the Code. Mayor Abramowitz expressed his concern that the residents feOl they only get results after complaining. He said the problem ,is not from lack of interest, but from lack of funds. He said the neighborhood does require attention. He said City Manager Kelly and Council are dedicated to the beautification of the City. He said this cleanup will be resolved as soon as it can be done. He said he does not want the children playing in the median, there Page 20 City Council Regular Meeting 09/12/90/KJ 1 1 will be a building available for play, in the very near future. He said the City tries to supply ample recreational facilities for the children. He said the problems regarding the signs can be handled but Council needs to be aware of these problems in order to solve them. He said now the signs can be placed where they are needed. Mr. Van Note said in the packet given to Council, there is a proposal from a professional tree surgeon with regard to trimming the trees and he asked Council to take into consideration this proposal. He said when Code Enforcement comes out to check for Code violations they cite not only the homeowners, but also the City where the City is in violation. Mayor Abramowitz said Council has been made aware of the problems and will do everything possible to correct it. He said City Manager Kelly will direct the particular Department Heads to handle this situation. Jerry Blackmore, resident, said he appears to support Mr. Van Note. He said he has lived in the neighborhood for ten years and has been involved with Tamarac youth organization for five years. He said he knows the way the City operates and that Public Works is under -staffed. He said he hopes the residents support the new budget for Public Works. He complimented.Council for the beautification of the City and the Park and Recreation facilities. He said with a possibility of new equipment and more manpower, the rest of the City can be beautified. Lawrence Schneider, Chairman of Code Enforcement Board, said he does not understand the City being under -staffed on grass cutting. He said the Code Enforcement Department has been cutting grass in places where the people refuse to do so and hope to get paid for it eventually. He said why not just cite the residents and bring them before the Code Enforcement Board as opposed to spending the Board's time and money cutting lawns, and being behind in cutting the grass that is supposed to be cut. Mr. Schneider said on July 11, 1990, he spoke to Council about accident debris at major intersections in the City. He asked if anything had been done regarding the cleanup of this debris. Mayor Abramowitz asked if the Broward Sheriff's Office had been asked to instruct any towing company in the City to clean up after an accident as well as Public Works. Mr. Schneider asked who is responsible for the cleanup if the accident is a minor one. City Manager Kelly said Public Works has been instructed to do the cleanup. Mr. Schneider said he read in the paper an article by the staff writer, Trevor Jenson, "Tamarac wants to sidestep sidewalk veto". He began reading the article and said Mr. Jenson quotes Mayor Abramowitz saying, "I'm going to do it anyway and put it in the ad valorum property tax. Abramowitz said shortly after the election results were in." Mayor Abramowitz said he wanted to tell what was really said. He said there are one or two areas in this City, where the lack of sidewalks is extremely dangerous. He said the sidewalk proposal brought to Council was misunderstood. He said he told Mr. Jenson that the safety and welfare pertaining to this was of prime importance. He said that was going to be done whether the sidewalks went to Referendum or not. He said he has a responsibility to the people of the City if there is something dangerous. He said regarding the ad valorum, under what has been done now and the lights that were passed, the money; hopefully, will be borrowed on a long term basis, paid out by people who will use the lights today and in the future. He said there are many Page 21 City Council Regular Meeting 09/12/90/KJ people in the City who do not pay taxes. He said the point )o ad valorum, is that if Council needs to put a sidewalk in now in one area or possibly two, depending on what the engineers say, the only way to pay for that is through the ad valorum tax. He said that way, rather than stretching over a period of years whereby everyone pays pennies a month, the taxes today must pay for those areas. He said there is one area that is positively in needy of a sidewalk, possibly two. He said he certainly would not say he did not care what the people said. Mayor Abramowitz said about four weeks ago, he took tremendcus heat because he is very proud of the Tamarac Recycling Task Force. He said he said to the reporter that "The Tamarac Recycling Tpsk Force was very energetic and innovative." He,said the next day he read in the paper that he said, "The other four cities involved in the recycling project were lazy and inefficient." He said when he asked the reporter why he printed such a thing, the reporter said, "Well, when you said your people are energetic and innovative that means the other four cities are lazy and inefficient". Eleanor Smerling, resident in the Boulevards, thanked the Catty for the services received. She said Alan Levine, Public Works j Operations Manager, was very cooperative and explained the Ontire situation of the Public Works Department. She said the President of the Boulevards received an answer from Mike Couzzo, Public Works, regarding the sidewalks. She said the sidewalks in the' Boulevards, which are located in the median strips, do not xelong to the property owners, they belong to the City. She said the homeowners, at one time, had paid to clean the sidewalks themselves and hoped the City would clean them. She said the City has to use the homeowners' water, unless they use a fire hydrbnt. Mayor Abramowitz asked City Manager Kelly to find out if the sidewalks are the property of the City. Ms. Smerling said regarding street lighting, that someone from Council should come to the Boulevards at night. She said the north and south streets have no lighting, only on the east and west streets. She said there could be more lighting on Prospoct Road, around the curve by the Gold Coast School, which is a danger zone. Ms. Smerling said she read in the Tam -A -Gram, that Council passed a parking Ordinance regarding parking in the median. She said the Boulevards has a median on 53rd Street, and she asked does this mean there is no parking allowed at any time on these medians. She said if this is so, they would like to publish it in the Boulevards browsing paper issued to the residents, informing them of this Ordinance. Mayor Abramowitz asked Ms. Smerling to give Dina McDermott, Assistant City Manager, her name and telephone number to inform her of the contents of the Ordinance. He asked City Managee,, Kelly to research the Ordinance and the sidewalk situation. Ms. Smerling said the residents of the Boulevards where hoping that the Ordinance would say no parking on the grass at all.! V/M Hoffman said this is being taken into consideration and the City Attorney is looking into it and it will be considered as soon as possible. Ms. Smerling said there are many people parking on the grass and the grass is looking bad. Stan Bernard, Chairman of the Charter Board, said on September 10, 1990 an inter -office memo was sent to the Mayor and Council which indicated that V/M Hoffman attended the Charter Board meeting on Friday, September 7, 1990 and created a disturbance resulting in a disruption of the proceedings. He said he expected an apology. from V/M Hoffman at this Council meeting. He said since this Page 22 City Council Regular Meeting 09/12/90/KJ apology has not been forthcoming, he would read his complaint and the verbatim extract from the minutes that covers the incident. He said; unfortunately, he could not play the tape which demonstrates accurately, what occurred at the meeting. He said the minutes do not reflect what really went on. He read into the record (See attached). TAPE 4 Mr. Bernard said he expects Mayor Abramowitz to do something about this. Anthony Grimaldi, resident, said regarding the property sold on the corner of Commercial Boulevard and Pine Island Road, the Public Works old building. He said according to the last report, the City has spent over $100,000.00 to refurbish it and he asked if any additional money has been spent. Mayor Abramowitz said no, a letter was received from the State saying the money would be refunded. He said because of mechanical work being done there, the regulatory agencies now demand proof there is of no contamination in the soil. He said the work has been done, the money spent and the City will be refunded approximately 86% by the State. Mr. Grimaldi asked if this money would be going back to the source and Mayor Abramowitz agreed. Mr. Grimaldi said regarding the sanitation groups going out so early in the morning, that is not so. He said Waste Management Company goes out about 7:00 A.M. V/M Hoffman said he did not discuss Waste Management. Mr. Grimaldi said he knows Waste Management was not brought up and that if V/M Hoffman is going to worry about the times of the other companies, he should worry about the big one. Mayor Abramowitz said V/M Hoffman is referring to the big trucks with the big dumpsters. He said Council has received complaints from the neighbors and the garbage companies have been asked to solve this noise problem. V/M Hoffman said he can only handle problems if the problems are brought to his attention, such as the Browning -Ferris problem. Mr. Grimaldi said Council seems to be very liberal with all the money that is owed by these franchises. Mayor Abramowitz said they do not owe the City this money, this money is an additional bond. V/M Hoffman asked Mr. Grimaldi to repeat what he..wO asked why he had not run for Council. said, "I will not run for City Council because -Goldlotq"' . V/M Hoffman asked Mr. Grimaldi to City iiti;the residents of the City. Mr: Gxiraldi said he will not explain anything REPORTS C/M Schumann - No Report. he said to him when He said Mr. Grimaldi my name ain't explain this to the to the City. C/M Rohr said the Recycling Task Force Committee has completed 6 out of the 10 condominiums to set up for recycling. He said the 4 small ones will be done soon and there is a meeting scheduled for Friday, September 14, 1990 at 2:00 P.M. and any one is welcome to attend. - No Report Page 23 City Council Regular Meeting 09/12/90/KJ yjX jjpffman - No Report Mayor Abramowitz read a letter received from the National Safety Council Broward Chapter in Tamarac, "The National Safety Council Broward Chapter is proud to announce that for the fourth consecutive year, we have been awarded best performance by al. safety council in two program areas, Coaching the Mature Driver and the Defensive Driving Course. Thank you all with our Council to make these awards possible and we will continue to bring safety education and awareness to the citizens of Broward County," He said this is from Murray Corredo, who does a fine job where safety is concerned. Mayor Abramowitz said there is an article coming up in the November election that will affect everyone in the State of Florida. He said the only people who are making themselves involved are the Broward League of Cities and the elected Officials. He said he is referring to Constitutional Amendment #3 which tells the State that they cannot mandate programs to the municipalities without providing the funding. He said the State has taken away from the cities a good portion of the money that is due the cities in order to keep their programs effective. He said the State used to help the cities with the canals and roads and every year the State provides less money and less help to the municipalities. He said the only avenue the municipality has is ad valorum taxes. He said the public pays State and County r.&kes and the difference is, the City provides the services. Mayor Abramowitz said he would like the residents, when they receive their tax bill, to look at the left hand side and see how much the School Board, County, Parks and the hospitals get, :hen see how much the City of Tamarac gets. He said this is the smallest amount, and for this the City provides the residenta with police services, fire services and public works. He said the Broward League of Cities and the elected Officials are trying to tell the State they cannot do this anymore. He said recycling is mandated by the State and they say if we do not remove 30% or 35% from the waste stream by 1992, the City faces the loss of its revenue -sharing funds. He said if this article does not pass, each and every person in the State will have to pay more. C/M Rohr said he has volunteered to work on the Committee that is going to cover all of the cities. 23. City-lKa ager - No Report 24. =y Attorney - No Report With no further business, Mayor Abramowitz ADJOURNED this meeting at 9:40 P.M. CITY OF TAMARAC APPROVED AT MEETING OF &l' 90 . 01Sg,6 AROL A . ITYrQ1 CLERK JIN40RMAN ABRAMOWIT , MAYOR "This public document was promulgated at a cost of $230.93 or $5.50 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." Page 24 City Council Regular Meeting 09/12/90/KJ 1 f'