HomeMy WebLinkAbout1990-09-12 - City Commission Regular Meeting Minutes1
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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
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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
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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
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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.
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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.
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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.
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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
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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.
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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
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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.
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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
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City Council Regular Meeting
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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
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City Council Regular Meeting
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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
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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
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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."
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1
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