HomeMy WebLinkAbout1991-10-09 - City Commission Regular Meeting Minutes7525 Northwest 88 Avenue
Tamarac, FL 33321-2401
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RECORD OF COUNCIL ACTIONS/DISCUSSION$
CITY OF TAMARAC
CITY COUNCIL
REGULAR COUNCIL MEETING
WEDNESDAY, OCTOBER 9, 1991
• • U 9 1 1
ANNOUNCEMENT OX TIME ALLOCATIONO.L. - MOTIONS IQ TABLE - The
Chair at this time will announce those items which have been given a
specific time to be heard, and will entertain motions from Council
members to table those items which require research. Council may
agendize by majority consent matters of an urgent nature which have
come to Council's attention after publication.
PUBLIC PART LCJXfiJ.I ON
1-PUBLIC RALTICTPATION - Any member of the public may speak to
any issue which is not agendized for public hearing at this
meeting. Speakers will be limited to three minutes during this
item and at public hearings. There will be a thirty (30) minute
aggregate time Limit for this item, and speakers are encouraged
to sign up in advance with the City Clerk prior to their
participation.
2. Items listed under Consent Agenda, item 2, are viewed to be
routine and the recommendation will be enacted by ONE MOTION
in the form listed below. If discussion is desired, then the
item(s) will be removed from the Consent Agenda and will be
considered separately.
a MOTIQN TO ARPROVE the City Council minutes of the
following meetings:
1. 9/04/91 - Special Budget Public Hearings
2. 9/19/91 - Special Budget Public Hearings
JXINAL ACTION*
APPROVED
10/9/91
Page 1
b. MOTION TO APPEM renewal of a model sales permit for
WESTWOOD PINES in Building 5, Units 523 and 525, for a
six-month period from 11/14/91 to 5/14/92.
FINALACTION•
APPROVED
c. MOTION TO APPROVE renewal of a model sales permit for
UNIVERSITY CLUB APARTMENTS, Building D, Units 57 and
70, for a six-month period from 11/11/91 to 5/11/92.
FINAL ACTION
APPROVED
d. MOTION TO APPROVE the attendance of Carol Evans, City
Clerk, and Patricia Marcurio, Office Manager, at the
Florida Association of City Clerks Certification Institute,
November 18-22, 1991, in West Palm Beach, Florida.
e, allowing the Jaycees
of Tamarac to conduct a carnival on Thursday, October 17,
through Sunday, October 20, 1991, on a portion of vacant
property located on University Drive, north of NW 76
Street.
FINAL ACTION, -
Removed for discussion and then DENIED
f.
FINAL ACTION:_
APPROVED
MOTION TO ADOPT TemR. Reso. #6152 allowing St. Malachy
Parish to conduct a carnival/circus on Thursday, November
7, through Monday, November 11, 1991, on church property
located on University Drive, north of NW 61 Street.
RESOLUTION R-91-175--PASSED
Community
9.
Qgvelopment
supporting the
protection
of Broward County's fresh
water resources, The
Everglades,
The Biscayne Aquifer and
the East Everglades
Wetlands.
FINAL ACTION:
RESOLUTION
R-91-176--PASSED
APPROVED
General
h,
Administrative
authorizing the
appropriate City officials to execute
a Hold Harmless
Agreement with University Hospital in
order to administer
1,000 free
flu shots to Tamarac residents.
FINAL AQ3:10N
RESOLUTION
R-91-174-PASSED
APPROVED
11
11
11,
10/9/91
Page 2
i• releasing a cash
bond in the amount of $150.00 posted by Ultra Security &
Alarms, Inc., for installation of burglar alarms in the
City.
FINAL AQXION
Removed for discussion and then TABLED
j. SON TO ADOPT TAM ,__ ReSQ. #6142 accepting a bill of
sale for the water distribution and sewage collection
system improvements at THE CENTRE AT WOODMONT located at
the southwest corner of University Drive and NW 78 Street.
RESOLUTION R-91-177-PASSED
k. MOTION TO ADOPT •Temp,__R$go. #6148 releasing
performance and payment bond #0951-0149 in the amount of
$21,047.42 posted by United Underground Contractor
Corporation for the RIGHT TURN LANE ON NW 71 PLACE AT
NOB HILL ROAD subject to receipt of a one-year warranty
bond in the amount of $5,436.86.
RESOLUTION R-91--178-PASSED
1. the attendance of Alan Levine, Public
Works Operations Manager, at the Yard Waste Management
Program from October 31-November 1, 1991, in Gainesville,
Florida.
�VCPAAWAOOCORA
FAMM;%wol •
3• approving a waiver of
Section 18-53(17)(a) of the Code to increase the total letter
height on a wall sign from 20-inches to 30-inches requested by
Dr. Jeffrey Stanger, 8197-A3 N. University Drive, in
WALGREENS/WOODMONT SHOPPES.
RESOLUTION R-91-179-PASSED
4• agreeing and accepting
the provisional certification requirements of the Broward County
Planning Council regarding the Tamarac Land Use Element of the
Comprehensive Plan and agreeing to correct deficiencies within
one (1) year.
F-TNAL ACTION- RESOLUTION R-91-180-PASSED
APPROVED
10/9/91
Page 3
5, a, approving a request
by John Karliambas d/b/a UNIVERSITY DINER (formerly TOM
NORRIS RESTAURANT) for a special exception to permit the
operation of a restaurant at 5825 N. University Drive.
Petition #42--Z-91
b, approving a request
by John Karliambas d/b/a UNIVERSITY DINER (formerly TOM
NORRIS RESTAURANT) for a special exception to permit the
on -premises consumption of beer and wine at a proposed
restaurant at 5825 N. University Drive. Petition #43-Z-91
FINAL ACTION•
APPROVED 5.a. and 5.b.
RESOLUTION R-91-181-PASSED
RESOLUTION R-91-182--PASSED
6. - on
second reading to amend Chapter 11 of the Code relating to
landscaping and landscaping maintenance in order to protect the
local environment.
ORDINANCE 0-91-32-PASSED
Public Hearing was held.
APPROVED on second and final hearing.
7. ZUBLIC, HEARING - on
second reading to repeal Sections 21-181 and 21-182 of the Code
in order to relocate parks and recreation impact fee regulations
within the Code.
ZINAL ACTION: ORDINANCE 0-91-33-PASSED
Public Hearing was held.
APPROVED on second and final hearing.
8. PUBLIC REARING - on
second reading to create a new Section 10-296 of the Code to
provide for parks and recreation impact fee regulations within
Chapter 10 of the Code entitled "sand Development Regulations"
FINAL ACTION: ORDINANCE 0-91-34-PASSED
Public Hearing was held.
APPROVED on second and final hearing.
9, on
second reading to create a new Section 24-315 of the Code
regarding assembly areas in S-1 Recreational Districts (formerly
Section 21-182 of the Code)..
FINAL __ACTION: ORDINANCE 0-91-35-PASSED
Public Hearing was held.
APPROVED on second and final hearing.
I
10/9/91
Page 4
10. on
first reading concerning a request by PEBH ENTERPRISES to
change the use of land located at the northeast corner of Nob
Hill Road and Westwood Drive from Commercial to Medium
Residential (11-15 dwelling units per acre) comprising 4.169
acres.
Public Hearing was held. APPROVED on first reading.
11. on first reading to amend
Section 24-81 of the Code concerning restructuring the
membership of the Plan Adjustment Committee.
FINAL ACTION"
APPROVED on first reading. Public hearing and second reading will be
held on Wednesday, October 23, 1991 at 10:00 a.m, in the Council
Chamber of City Hall.
12. MOTI,QN TO ADAPT TemR`,Ord. #1564on first reading to amend
Article III of Chapter 16 of the Code to redefine those City
officials and employees whose participation in the Pension Plan
is optional.
FINAL— AC T I,QN-
APPROVED on first reading. Public hearing and second reading will be
held on Wednesday, October 23, 1991 at 10:00 a.m, in the Council
Chamber of City Hall.
13. City Council
14. City ManAg=
The City Council may consider and act upon such other business as may come before it.
In the event this agenda must be revised, such revised copies will be available to the public at
the City Council meeting.
Pursuant to Chapter 286.0105, Florida Statutes, if a person decides to appeal any decision made
by the City Council with respect to any matter considered at such meeting or hearing, he may need
to ensure that a verbatim record of the proceedings is made which record includes the testimony
and evidence upon which the appeal is based.
Carol A. Evans
City Clerk
10/9/91
Page 5
City Council Regular Meeting
10/09/91/KJ
Page 1
fl
CITY OF TAMARAC
CITY COUNCIL REGULAR MEETING
WEDNESDAY, OCTOBER 9, 1991
ALL TO ORDER: Mayor Abramowitz called this meeting to order on
Wednesday, October 9, 1991 at 7:00 p,m, in the Council Chambers of
Tamarac City Hall, 7525 Northwest 88 Avenue, Tamarac, Florida.
MEDITATION AND_PLEDGE ,OF ALLEGIANCE_ Mayor Abramowitz called for
the Pledge of Allegiance followed by Moment of Silent Meditation.
Mayor Norman Abramowitz
Vice Mayor Dr. Larry Bender
Councilwoman Diane Glasser
Councilman Irving Katz
Councilman Henry Schumann
John P. Kelly, City Manager
Alan F. Ruf, City Attorney
Carol A. Evans, City Clerk
Karen Jackson, Secretary
2, e. allowing the Jaycees
of Tamarac to conduct a carnival on Thursday, October 17,
through Sunday, October 20, 1991, on a portion of vacant
property located on University Drive, north of NW 76
Street.
Removed for discussion. (Final action on Page 4)
Mayor Abramowitz turned his gavel over to V/M Bender and MOVED to
REMOVE Item 2.e. from the Consent Agenda for discussion, SECONDED by
C/M Katz.
VOTE:
ALL VOTED AYE
2• i• releasing a cash
bond in the amount of $150.00 posted by Ultra Security &
Alarms, Inc., for installation of burglar alarms in the
City.
SYNOPSIS QF ACTION,
Removed for discussion. (Final action on Page 4)
C/W Glasser MOVED to REMOVE Item 2.i, from the Consent Agenda for
discussion, SECONDED by V/M Bender.
VOTE:
ALL VOTED AYE
City Council Regular Meeting
10/09/91/KJ
Page 2
1. RIMLIC PARTICIPATION - Any member
any issue which is not agendized for
meeting. Speakers will be limited to
item and at public hearings. There
aggregate time limit for this item,
to sign up in advance with the City
participation.
of the public may speak to
public hearing at this
three minutes during this
will be a thirty (30) minute
and speakers are encouraged
Clerk prior to their
Matt Lyons, representative for St. Malachy's Church, expressed his
appreciation to the City for its support with the annual Carnival fund
raiser to aid in keeping the tuition down.
1
Terry Hobmeier, resident of the Isles of Tamarac, expressed her concern
regarding the drainage on NW 71 Place on Nob Hill Road to NW 108
Terrace. She said the yellow line has been painted on the street, but
the repairs have not been done. She requested more patrols by the BSO in
this area. She said she had requested BSO volunteer their time and speak
to the children regarding crime and how it could be avoided.
2. Items listed under Consent Agenda, Item 2, are viewed to be
routine and the recommendation will be enacted by ONE MOTION
in the form listed below. If discussion is desired, then the
item(s) will be removed from the Consent Agenda and will be
considered separately.
, 9WOR
a. MQjjON TO APPROVE the City Council minutes of the
following meetings:
1. 9/04/91 - Special Budget Public Hearings
2. 9/19/91 - Special Budget Public Hearings
b. XQTION TO APPROVE renewal of a model sales permit for
WESTWOOD PINES in Building 5, Units 523 and 525, for a
six-month period from 11/14/91 to 5/14/92.
C. MOTION TO APPROVE renewal of,a model sales permit for
UNIVERSITY CLUB APARTMENTS, Building D, Units 57 and
70, for a six-month period from 11/11/91 to 5/11/92.
d. MQZ,ION TO APPROVE the attendance of Carol Evans, City
Clerk, and Patricia Marcurio, Office Manager, at the
Florida Association of City Clerks Certification Institute,
November 18-22, 1991, in West Palm Beach, Florida.
244 +0) 44 CAR0 AWITOY 40 to)+
City Council Regular Meeting:
10/09/91/Ki
Page 3
f• allowing St. Malachy
Parish to conduct a carnival/circus on Thursday, November
7, through Monday, November 11, 1991, on church property
located on University Drive, north of NW 61 Street.
RESOLUTION R-91--175-PASSED
9. supporting the
protection of Broward County's fresh water resources, The
Everglades, The Biscayne Aquifer and the East Everglades
Wetlands.
RESOLUTION R-91-176-PASSED
-• r
h• authorizing the
appropriate City officials to execute a Hold Harmless
Agreement with University Hospital in order to administer
1,000 free flu shots to Tamarac residents.
RESOLUTION R-91-174-PASSED
J. accepting a bill of
sale for the water distribution and sewage collection
system improvements at THE CENTRE AT WOODMONT located at
the southwest corner of University Drive and NW 78 Street.
RESOLUTION R-91-177-PASSED
k• releasing
performance and payment bond #0951-0149 in the amount of
$21,047.42 posted by United Underground Contractor
Corporation for the RIGHT TURN LANE ON NW 71 PLACE AT
NOB HILL ROAD subject to receipt of a one-year warranty
bond in the amount of $5,436.86.
• --
RESOLUTION R-91-178-PASSED
1 • MOTION TO MP&= the attendance of Alan Levine, Public
Works Operations Manager, at the Yard Waste Management
Program from October 31-November 1, 1991, in Gainesville,
Florida.
C/W Glasser MOVED to APPROVE the Consent Agenda, SECONDED by
V/M Bender.
VOTE:
ALL VOTED AYE
City Council Regular Meeting
10/09/91/KJ
Page 4
2. e. allowing
of Tamarac to conduct a carnival on Thursday,
through Sunday, October 20, 1991, on a portion
property located on University Drive, north of
Street.
Removed for discussion on Page 1.
DENIED
the Jaycees
October 17,
of vacant
NW 76
Mayor Abramowitz said this is an item that has been presented to the
City by the Tamarac Jaycees for having a carnival in Tamarac directly
across the street from,the school. He said there has always been a
requirement of a Certificate of Flame Resistance being presented to the
City in order to receive a permit. He requested this item be tabled
based on the lack of this certificate.
Mayor Abramowitz said he was remiss in mentioning that a City employee
from the Building Department, Joe Pedalino, was killed in an automobile
accident over the weekend. He said the Occupational Licensing Inspector,
Judy Yacobellis, is absent from this meeting due to Mr. Pedalino's death
because he was her uncle and based on this, he requested a tabling of
this item for her input.
C/W Glasser expressed her concern regarding the close proximity to the
school. She said there will be two carnivals within a two month period
which is a bit much for Tamarac residents. She said she would have no
objection if the Tamarac Jaycees reapplied at another time, with a
different location and the appropriate paperwork.
C/M Schumann said there may be a possible conflict with the dates on
their letter, which shows October 16 through 21, 1991, and on their
application it shows October 17 through 20, 1991.
C/W Glasser MOVED to DENY Temp. Reso. #6151, at the present time and
that the Jaycees should reapply at another time with another location,
date and the appropriate paperwork.
C/M Schumann said this involves the Jaycees and the Amusements of
America. He asked if rides and booths will be brought in and Mayor
Abramowitz said there will be a funhouse, a darkhouse, booths, rides and
games.
C/M Schumann asked if the Amusements of America would have to have flame
retardant and flame resistant facilities and Mayor Abramowitz said there
was a company a couple years ago that could not provide proof of flame
resistance; therefore, they were not able to receive a permit.
C/M Schumann asked if this Certificate has been requested and Mayor
Abramowitz said it is part of the requirements.
C/M Schumann SECONDED the Motion.
VOTE:
ALL VOTED AYE
2. i. releasing a cash
bond in the amount of $150.00 posted by Ultra Security &
Alarms, Inc., for installation of burglar alarms in the
City.
Removed for discussion on Page 1.
TABLED.
C/W Glasser asked if the work has been satisfactorily completed and City
Manager Kelly said the City had a policy in the past of posting a cash
bond in order to do business within the City; however, the City no
City Council Regular Meeting „
10/09/91/KJ
Page 5
longer has this requirement. He said this company ceased to do business
approximately three years ago and requested their $150 cash bond to be
refunded. He said there are no outstanding permits by this company.
C/M Schumann said this company was incorporated and now an individual is
requesting this money. He asked if this individual was actually the
President of this company.
Peter Mack, Personnel Director, said this company was certified and the
gentleman who applied for the refund was the President of the company.
He said the company stopped doing business in 1988 and there are no
outstanding jobs.
C/W Glasser asked if the company went out of business or did they go
bankrupt and Mr. Mack said they went bankrupt.
C/M Schumann said the City cannot give the money to the former President
because the corporation is no longer in existence and this money should
have been listed as an asset on the bankruptcy.
Mayor Abramowitz said he feels a Motion is in order to direct the City
Manager and the City Attorney to make sure of the disposition of this
money.
Mr. Mack said this company did not go bankrupt, but the application
shows that they went out of business.
C/W Glasser MOVED to direct the City Manager and City Attorney to
research as to whether or not the company went out of business or
bankrupt, SECONDED by C/M Schumann.
City Attorney Ruf said the City Clerk has indicated that it would be
preferable to Table this item.
C/W Glasser MOVED to TABLE Temp. Reso. #6143, SECONDED by
C/M Schumann.
VOTE:
ALL VOTED AYE
3• approving a waiver of
Section 18-53(17)(a) of the Code to increase the total letter
height on a wall sign from 20-inches to 30-inches requested by
Dr. Jeffrey Stanger, 8197-A3 N. University Drive, in
WALGREENS/WOODMONT SHOPPES..
SXNOPSI,% or ACTION. RESOLUTION R-91-179-PASSED
See Page 11
City Attorney Ruf read Temp. Reso. #6149 by title.
C/M Katz MOVED to APPROVE Temp. Reso. #6149, SECONDED by
C/W Glasser.
Dan Wood, Chief Building Official, said this applicant has an existing
sign at a store front located in the Walgreens/Woodmont Shoppes at NW 82
Avenue and University Drive which conforms to the sign code. He said the
applicant has now been denied a sign application to change the existing
sign and seeks a waiver to increase the total letter height from 20-
inches to 30-inches. He said the denial was based on Section 18-53,
Paragraph 17, Sub -paragraph A, of the Sign Ordinance which allows for a
maximum total letter height of 20-inches for stores fronting NW 82
Avenue.
Mr. Wood said the Building Department cannot approve the application due
to the fact that the sign would not conform to the Sign Ordinance for
this shopping center and the criteria formed.
City Council Regular Meeting
10/09/91/KJ
Page 6
Mayor Abramowitz said Council has attempted to provide any help to any
commercial business coming into the City. He asked if all of the other
signs in the shopping center are approximately the 17-inches and Mr.
Wood said all are except for Walgreens which faces University Drive and
is permitted the larger lettering.
Mayor Abramowitz said the Council fought hard to get the City into
conformity.
V/M Bender asked how far back off of NW 82 Avenue the setback is and Mr
Wood said he did not have that information in front of him.
Mr. Wood said in the Sign Ordinance, the setbacks from the street are
used beginning with the width of the right-of-way which the store faces.
He said 200 feet would allow a 25-inch letter before implementation
which allows 1-inch additional height in letter height for every 50
feet. He said NW 82 Avenue is setback at 60 feet and the lettering
begins at 16 inches which is less than the implementation would allow
which permits up to 20 inches in letter height.
C/M Katz asked the number of tenants in the shopping center and Mr. Wood
said there are six at the present time including Walgreens.
Lee Morgan, representative for AAA Signs and Dr. Jeffrey Stanger, said
the problem is that the sign cannot even be read from inside the
shopping center because it is required to be on two lines. He said in
placing it on two lines, the word "Stanger" is only 10 inches tall and
the word "Chiropractic" is only 8 inches tall. He suggested the word
"Chiropractic" as is and increase the word "Stanger" from 10 inches to
18 inches so it may be seen more easily. He said the graphic symbol to
the left of the sign is a universal chiropractic symbol of a spine. He
said the letters are simply not effective the way they are now.
C/W Glasser asked if the lettering is flat against the building and Mrji
Morgan said they are flat against the building; however, the building
structured in a way that the signage can be raised or flat against the
building.
V/M Bender said he would like to see the size of that sign increased due
to the setback and the location.
Mr. Morgan said the Building Inspector suggested the sign increase and
C/W Glasser said if the signage is to be increased, it should be done
for everyone.
C/W Glasser said when the Sign Ordinance was created, the City officials
did not know the design of the various shopping centers. She said she
feels this should be changed for all of the businesses facing NW 82
Avenue.
Mr. Morgan said this request was due to the sign being a two-line sign
requiring a total sign to be 30 inches in height.
Mayor Abramowitz said the Public Hearing must start promptly at 7:30
p.m. and would continue this immediately following the Public Hearing.
(Continued on Page 11)
City Council Regular Meeting
10/09/91/KJ
Page 7
6. PUBLIC HEARING - on
second reading to amend Chapter 11 of the Code relating to
landscaping and landscaping maintenance in order to protect the
local environment.
ORDINANCE 0-91-32-PASSED
Public Hearing was held.
APPROVED on second and final hearing.
City Attorney Ruf read Tamp. Ord. #1542 by title.
C/M Schumann MOVED to APPROVE Temp. Ord. #1542, SECONDED by
C/W Glasser.
Kelly Carpenter, Director of Community Development, said this is the
second reading on the amendments to Chapter 11 of the Code which deal
with landscape maintenance requirements in the City. She said the City
had a problem with hatracking in the past couple of years and this
Ordinance sets standards and requires permits and inspections for
pruning. She said this item has gone through several workshops, has been
discussed with industries that would be most affected, and the
landscapers and tree trimmers were invited to the workshops, none of
whom attended.
Ms. Carpenter said the City invited the President's Council to appear at
workshops but the City did not have good participation there either. She
said the Council and the Planning Commission held workshops on this.
Mae Schreiber, resident of Kings Point, asked if this Ordinance pertains
to private home owners retaining a permit for the tree pruning and Ms.
Carpenter said single-family homes are exempt.
Ms. Carpenter said the permitting and inspection process are exempted
for single --family homes, but the pruning must be done in accordance with
the standards that are set in the Ordinance. She said if a homeowner
pays a vendor or should themselves damage a tree and it is discovered by
Code Enforcement, then they would be subject to the same fines as anyone
else.
Mayor Abramowitz said there was a very good presentation made by the
people from the County regarding the tree pruning. He said this City is
very strict regarding the maintenance of the trees.
Ms. Schreiber said sometimes a person will have a tree pruned and it
will seem as though the tree is dead, but when it comes back to life, it
is much more beautiful than it was in its original form due to being
reshaped. She asked if the home owner needs to inform the landscaper
about the Ordinance and Mayor Abramowitz said the landscaper should be
informed prior to beginning work on the trees.
Ms. Carpenter said the Ordinance states what is or is not tree abuse and
read the various instructions from the Ordinance.
Terry Hobmeier, resident of the Isles of Tamarac, said she has noticed
the abuse to the trees on McNab Road near the golf course. She expressed
her concern regarding the replacement of the trees by shrubbery.
VOTE:
TAPE 2
ALL VOTED AYE
City Council Regular Meeting
10/09/91/KJ
Page 8
7. - on
second reading to repeal Sections 21-181 and 21-182 of the Code
in order to relocate parks and recreation impact fee regulations
within the Code.
ORDINANCE 0-91-33-PASSED
Public Hearing was held.
APPROVED on second and final hearing.
City Attorney Ruf read Temp. Ord. #1566 by title.
C/M Schumann MOVED to APPROVE Temp. Ord. #1566, SECONDED by
C/W Glasser.
Ms. Carpenter said this will be addressing Items #7, 8 and 9 due to
being packaged as a set. She said Sections 21-181 and 21-182 of the City
Code describes park and recreation impact fees for the City, which sets
forth a procedure and a set of payment standards for payment of fees at
the time of platting. She said this repeals it out of Section 21-181,
which is platting and moves it into Item #8, to Section 10-296, which is
the site plan requirements of the Ordinance. She said during the first
reading she had cited research which shows that it is healthier for the
City to charge the impact fee for parks at the time of site plan rather
than at platting.
Ms. Carpenter said Item #9 is purely housekeeping of which the current
Section 21-182 sets forth standards for recreation buildings in S-1
districts which is clearly a zoning function and should be removed from
the Recreation Impact Fee Section• therefore, it is being removed from
Section 21-182 and moved to Section 24-315. She said the standards for
park and recreation impact fees adopted in the Comprehensive Plan have
been moved into this Ordinance and were updated in 1991.
C/M Katz said he feels the time has come that the City can no longer
tell developers that they are not wanted in the City. He said the City
has restricted the type of development in the past because of the amount
of money that had to be put up front. He said he feels that the City is
restricting the type and amount of development that is going to come
into the City if the City is going to be so demanding as to insist that
all of these impact funds be put up prior to the time of site plan
approval.
Joe Schreiber, resident of Kings Point, asked if Section 21--181 will
read the same in Section 10-296 and Ms. Carpenter said it is not the
same because it incorporates the standards that were adopted in the
Comprehensive Plan which are different from those that exist in the
language in Section 21-181 at the present time. She said it mirrors that
language which is in the Comprehensive Plan which changes those
developer standards based on the level of service standards that the
City feels it is capable of paying for.
Ms. Carpenter said the current standard is based on zoning categories
and does not relate itself directly to the County standard of 3 acres
per 1,000 people regardless of the zoning category. She said the City
does not have 3 acres per 1,000 population of public park space, but
does have 1.3 acres of public park space per 1,000 people. She said if
the City were to set its level of service standard per parks at what the
County wants it to be at 3 acres per 1,000 people of public park space,
then the existing 44,000 residents of the City would have to ante the
money to buy the land and the money to develop it to bring the existing
standards up to 3 acres per 1,000 population before the City could set
the standard at 3 acres per 1,000 population in order to charge new
developers the same.
Ms. Carpenter said this Council made the decision more than one year ago
that this was not a sound policy and they directed that it be reviewed
again. She said the Community Development evaluated all of the privately
owned recreation in the City and determined that there are 3.5 acres per
1,000 of private recreation in the City which is deed restricted and
zoned for private recreation purposes exclusive of golf courses. She
said the current standard in the Ordinance is 1.3 acres per 1,000 of
City Council Regular Meeting
10/09/91/KJ
Page 9
public dedication and the dedication of the funds to approve it plus the
requirement for 3.5 acres per 1,000 population of private open space.
Mr. Schreiber asked how this affects the money in lieu of land and Ms.
Carpenter said it will affect it based on the density of the parcel.
Mr. Schreiber asked if the City will benefit or suffer financially by
this change and Ms. Carpenter said the vast majority of land that is
currently undeveloped residential is owned by Lennar Homes. She said
Lennar Homes is under Stipulation 9 and they pay $95.00 per unit
regardless of what the City does on this Ordinance. She said this
Ordinance is aimed at addressing the non-Lennar parcels which are a
minute portion.
Mr. Schreiber asked how this will affect the City's finances and Mayor
Abramowitz said the residents have seldom seen abandoned projects in the
City because the developer would prefer to pay his impact fees upon
receiving his Certificate of Occupancy; however, Tamarac has been very
strict by having the developer put his money up front and the developer
tends to complete the project.
VOTE:
ALL VOTED AYE
8. PUBLI.0HEARING MOTION__ TO ADOPT, Tem2.Ord,#1567 on
second reading to create a new Section 10-296 of the Code to
provide for parks and recreation impact fee regulations within
Chapter 10 of the Code entitled "Land Development Regulations"
SYNOPSIS OF—ACTTIQN: ORDINANCE 0-91-34-PASSED
Public Hearing was held.
APPROVED on second and final hearing.
City Attorney Ruf read Temp. Ord #1567 by title.
V/M Bender MOVED to APPROVE Temp. Ord. #1567, SECONDED by
C/M Katz.
Ms. Carpenter said that moving it to Land Development Regulations which
is a site planning process out of Subdivision Regulations allows the
developer or a land owner who is not yet ready to develop, to get their
plat through Broward County and obtain their trip ticket so that they
can continue to be in the development process. She said the City is
desirous of seeing some of the vacant parcels developed in the City and
if the City receives this money up front and the developer cannot pay
them they cannot get through the County or City process.
Mayor Abramowitz said the Comprehensive Land Plan has changed the world.
He said the City has a 75 acre piece of land that has fallen under
concurrency which cannot be built on. He said land must be platted and a
trip ticket accessed based on the concurrency rule.
C/M Katz said the tax base for a vacant piece of property is against the
tax base of an improved piece of property is different. He said the City
will continue to have vacant land and no development if the City
continues to make it as difficult as possible. He said he feels that it
behooves the Council to give the developer every opportunity to go to
plat.
VOTE:
ALL VOTED AYE
City Council Regular Meeting
10/09/91/KJ
Page 10
9. on
second reading to create a new Section 24-315 of the Code
regarding assembly areas in S-1 Recreational Districts (formerly
Section 21-182 of the Code).
SYNOPSIS OF ACTION: ORDINANCE 0--91--35-PASSED
Public Hearing was held.
APPROVED on second and final hearing.
City Attorney Ruf read Tamp. Ord. #1568 by title.
C/M Schumann MOVED to APPROVE Tamp. Ord. #1568, SECONDED by
C/W Glasser.
Terry Hobmeier, resident of the Isles of Tamarac, expressed her
appreciation to Ms. Carpenter for the work she has done for the City.
VOTE:
10. PUBLIC HEARING - MOTION TO ADOXX 1=2. Qrd_ #1574 on first
reading concerning a request by PEBB ENTERPRISES to change the
use of land located at the northeast corner of Nob Hill Road and
Westwood Drive from Commercial to Medium Residential (11-15
dwelling units per acre) comprising 4.169 acres.
SYNOPSIS OF ACTION:
Public Hearing was held. APPROVED on first reading.
City Attorney Ruf read Tamp. Ord. #1574 by title.
V/M Bender MOVED to APPROVE Tamp. Ord. #1574, SECONDED by
C/W Glasser.
Ms. Carpenter said this is an application by Pebb Enterprises. She said
the surrounding land uses are as follows: north -medium density
residential, 11-15 dwelling units to the acre, east -medium residential,
11-15 dwelling units to the acre, west -commercial (Point Plaza), and
south -across Westwood Drive is low density residential, 5 units or less
to the acre.
Ms. Carpenter said the justification for this request for change of land
use are as follows: the original commercial parcel is too large to
accommodate the demand by the surrounding residential community. She
said the abutting commercial site, which is Point Plaza, fronts on Nob
Hill Road, and if commercial development were to occur on this site, it
would front on Westwood Drive directly across from a single-family
residential neighborhood.
Ms. Carpenter said less than a quarter mile south of this site is a
built commercial parcel which is the Sun Island Plaza which is almost
completely vacant. She said there are four other commercial parcels in
the area to adequately serve the surrounding residential areas. She said
all of the residential parcels north of Westwood Drive have the density
of 11-15 dwelling units to the acre, regardless of their zoning. She
said some of them have R-3U zoning. She said this change to the Land Use
Plan Map is consistent with the following Rules, Objectives and Policies
with the City's Comprehensive Plan and the future Land Use Element whic
comply with Objectives 1, 4, 10, 13 and 16, Policies 10.1, 10.2, 10.8
and 16.1 and the Housing Element 1 through 89 and Policies 1.4 and 1.5.
Ms. Carpenter said the Planning Commission has unanimously recommended
this Land Use Plan application and the Staff is recommending this
application.
Mayor Abramowitz OPENED and CLOSED this Public Hearing with no
response.
C/M Katz asked if the medium density, 11-15 dwellings units to the acre,
gives a restriction as to the size of the units and Ms. Carpenter said
not at the time of the Land Use Plan amendment. She said that is a
condition of zoning.
City Council Regular Meeting
10/09/91/KJ
Page 11
Ms. Carpenter said these people could apply to R3-U, R-3 or R-4A, but
not R-5. She said after the Land Use Plan is amended, they would come
before Council for the zoning.
C/W Glasser said there is a concern and a hardship to the residents in
that area. She said this is a two-lane highway going east and west,
there are single-family houses that are facing the street and it is a
burden that Point Plaza is there due to the exit located there. She said
she feels this would be a tremendous hazard to the people in the area.
VOTE:
ALL VOTED AYE
Mayor Abramowitz RECESSED and RECONVENED this meeting at 8:15 p.m.
with ALL PRESENT.
3. MOTION.TO ADOPT Tom -- Res!2 #6149 approving a waiver of
Section 18-53(17)(a) of the Code to increase the total letter
height on a wall sign from 20--inches to 30-inches requested by
Dr. Jeffrey Stanger, 8197-A3 N. University Drive, in
WALGREENS/WOODMONT SkOPPES.
SYNOPtjj9 OF ACTION: RESOLUTION R-91-179-PASSED
APPROVED
(Continued from Page 6)
C/M Katz said the City cannot continue denying businesses the
opportunity to be visible to the public. He said he feels that the City
should allow visibility from the street to any shopkeeper who wants to
come into the City. He said this may mean that the City needs to review
the entire Sign Code and make the necessary changes to it.
Mayor Abramowitz suggested this be discussed further by Council.
C/M Schumann said the criteria may need to be changed for this shopping
center if the City gets an influx of requests.
C/W Glasser said she feels Council should pass this issue and then
review the Sign Ordinance thoroughly.
VOTE:
ALL VOTED AYE
4. MOTION TO ADOPT „TOMB. Reso„R#_6150 agreeing and accepting
the provisional certification requirements of the Broward County
Planning Council regarding the Tamarac Land Use Element of the
Comprehensive Plan and agreeing to Correct deficiencies within
one (1) year.
RESOLUTION R-91-180-PASSED
City Attorney Ruf read Temp. Reso. #6150 by title.
C/M Katz MOVED to APPROVE Temp. Reso. #6150, SECONDED by
C/W Glasser.
Ms. Carpenter said the Broward County Planning Council recently approved
provisionally the Tamarac Land Use Element, which has been a struggle to
achieve. She said the Broward County Planning Council has sent the City
a list of minor changes which have to be brought before Council as
amendments. She said some are policy statements that are missing from
the City Plan that are in the County Plan which are required. She said
some are in the City Park Element,, which the County wants as the Land
Use Element and other such situations. She said there are some
misunderstandings about how some of the Land Use works in the City with
respect to the court order parcels.
City Council Regular Meeting
10/09/91/KJ
Page 12
Ms. Carpenter said these items will have to be changed in order to
obtain full certification. She said the package of amendments will be
given to Council early in 1992.
Mayor Abramowitz asked if this is mostly housekeeping and Ms. Carpenter
said all of it is housekeeping.
C/M Katz said his concern is with the one year time restriction and Ms.
Carpenter said it is almost completed and the one year time period is
sufficient.
VOTE:
ALL VOTED AYE
5. a. MOTION TO ADOPT T=. Reso. #6145 approving a request
by John Karliambas d/b/a UNIVERSITY DINER (formerly TOM
NORRIS RESTAURANT) for a special exception to permit the
operation of a restaurant at 5825 N. University Drive.
Petition #42-Z-91
b. MOTION TO ADOPT Temn. Reso. #6146 approving a request
by John Karliambas d/b/a UNIVERSITY DINER (formerly TOM
NORRIS RESTAURANT) for a special exception to permit the
on -premises consumption of beer and wine at a proposed
restaurant at 5825 N. University Drive. Petition #43-Z-91
• vff-*T"�14 4 t• , Im
s. F: c 5.b.
RESOLUTION R-91-181-PASSED
RESOLUTION R-91-182-PASSED
5.a. City Attorney Ruf read Temp. Reso. #6145 by title.
C/M Schumann MOVED to APPROVE Temp. Reso. #6145, SECONDED by
C/W Glasser.
Ms. Carpenter said this is an application by University Diner. She said
Tom Norris Restaurant had previously occupied this building, but a
special exception is required under the Code because the building has
been vacant for more than 60 days which is standard procedure. She said
the site is designated commercial on the Land Use Plan and is properly
zoned B-2 which allows restaurants. She said the Code of Ordinances
specifies the following criteria for restaurants: the restaurant must be
at least 100 feet from the nearest residential property line; the means
and method of 6 day per week waste collection must be submitted; the
dumpster must be properly located on the site plan; the applicant must
demonstrate that the dumpster is a sufficient size to accommodate the
waste; a plan for control, reduction or elimination of offensive odors
must be submitted and,the Code provides that the Council may set such
additional conditions necessary to insure the health, safety and welfare
for the residents of the City.
Ms. Carpenter said if Council changes or sets additional conditions that
are set by the Planning Commission, it takes a 4/5 vote. She said the
restaurant is at least 100 feet from the residential property. She said
they have submitted their odor control plan and their waste contract.
She said there is adequate parking and the Planning Commission
recommended unanimous approval of this without additional conditions.
V/M Bender asked where this restaurant is located and Ms. Carpenter sai
it is located in Midway Plaza.
C/M Katz said he feels it is ludicrous for people to have to come back
to Council for a special exception. He requested that the City review
the Code so that under certain considerations, people do not have to
wait several months for special exceptions. He said he feels Staff is
qualified to make some decisions without Council.
Mayor Abramowitz said the City does need to review the Code. He said he
feels Staff is competent; however, he would fight to prevent Council
from giving up their right to make decisions.
City Council Regular Meeting
10/09/91/KJ
Page 13
I
C/W Glasser said all situations need special exceptions.
VOTE: ALL VOTED AYE
5.b. City Attorney Ruf read Temp. Reso. #6146 by title.
C/W Glasser MOVED to APPROVE Temp. Reno. #6146, SECONDED by
V/M Bender.
Ms. Carpenter said this is an application requesting on -premises
consumption of beer and wine at University Diner. She said there was a
special exception for on -premises consumption granted in 1980, but that
exception was non -transferable. She said the Staff and Planning
Commission recommended approval with no special conditions set by the
Planning Commission.
VOTE:
ALL VOTED AYE
11• on first reading to amend
Section 24-81 of the Code concerning restructuring the membership
of the Plan Adjustment Committee.
SYNORSIS - Or ACTION*
APPROVED on first reading. Public hearing and second reading will be
held on Wednesday, October 23, 1991 at 10:00 a.m. in the Council Chamber
of City Hall.
City Attorney Ruf read Temp. Ord. #1578 by title.
C/M Katz MOVED to APPROVE Temp. Ord. #1578, SECONDED by
V/M Bender.
Ms. Carpenter said the Plan Adjustment Committee is a committee which
hears minor amendments to site plans and the Staff is proposing to add
members of the BSO and a City Council member as exofficiol and to
officially add Public Works to the list.
Mayor Abramowitz asked why the Committee cannot be left as is and Ms.
Carpenter said the main problem with the Plan Adjustment Committee
legislation as it is currently in the Code is that it designates a City
Council liaison to the Community Development Department and then it says
that this liaison is a voting member of the Plan Adjustment Committee.
She said it is the opinion of Staff that this is not an appropriate
function for a Council member to sit on another body inside the City
simultaneously; therefore, it is being changed to exofficiol.
Ms. Carpenter said at this time, Staff is taking this opportunity to add
BSO and Public Works which was in draft form and another set of changes
that are pending.
Mayor Abramowitz asked if this will make it more unwieldy and Ms.
Carpenter said this would make it official.
C/M Katz said he had expressed his concerns regarding this in a previous
meeting on dual voting by a Council member.
Mayor Abramowitz said he feels it is not proper for any Council member
to sit on any other committee and be a voting member.
VOTE:
ALL VOTED AYE
City Council Regular Meeting
10/09/91/KJ
Page 14
12, on first reading to amend
Article III of Chapter 16 of the Code to redefine those City
officials and employees whose participation in the Pension Plan
is optional.
SYNOPSIS QF ACTION*
APPROVED on first reading. Public hearing and second reading will be
held on Wednesday, October 23, 1991 at 10:00 a.m. in the Council Chambe
of City Hall.
City Attorney Ruf read Temp. Ord. #1564 by title.
C/W Glasser MOVED to APPROVE Temp. Ord. #1564, SECONDED by
V/M Bender.
Peter Mack, Personnel Director and Secretary for the Employee Pension
Trust, said this is a redefinition of the portion of the existing Code
defining the positions that are eligible to opt out of the Pension Plan.
He said the actuary indicates that if the eligible personnel opted out
of the Plan, there would be a reduction in the City's contribution. He
said Staff recommends approval.
Mayor Abramowitz requested this be explained thoroughly for the public
to understand.
Mr. Mack said the amendment to the Code being propsed permits certain
positions within the City to opt out of the participation in the Pension
Plan and to pursue their own elements of providing for their own
retirement. He said this redefines that portion of the Code that allows
certain employees of the City to opt out of the Pension Plan.
Mayor Abramowitz asked if this will cost the City more money and Mr.
Mack said, no.
TAPE 3
V/M Bender said there are a number of young City employees who have a
life cycle of approximately 4 or 5 years of staying in their position
and then moving ahead to another City. He said he feels that this is not
the appropriate way to establish a retirement fund. He said they are
looking to opt to remove themselves to set up a separate retirement fund
elsewhere. He said he feels there is no harm in permitting this and the
City will save a portion of its contribution to the Fund and gives the
employee an opportunity to do what he or she wants to do for their own
retirement.
City Manager Kelly said there is an advantage to the City in attracting
talent to the City.
Mayor Abramowitz said this was tabled at a previous meeting because C/W
Glasser wanted to see the amounts involved. He said the actuary states
that the City will be saving money.
V/M Bender said this does not make it mandatory that they not
participate, but gives them the opportunity to make their own decision.
Mae Schreiber, resident of Kings Point, asked if this applies to every
employee in the City and V/M Bender said, no.
Mayor Abramowitz said there are certain categories that are not covered
by the Union and Mr. Mack said these are Pay Plan 6 employees.
Mayor Abramowitz said at the present time there are two people this
concerns and V/M Bender said those two people are Dina McDermott,
Assistant City Manager and Mary Blasi, Finance Director.
C/W Glasser said she had requested this item be tabled at a previous
meeting because she felt uncomfortable with two members of the Pension
Board unable to be present at that meeting.
VOTE: ALL VOTED AYE
City Council Regular Meeting
10/09/91/KJ
Page 15
RF1
13. Q ty Council
C/M Schumann said he read some correspondence from the City's former
insurer who has denied coverage in reference to former Mayor Hart's
request for legal fees. He said he also read some correspondence from an
Attorney Seigel who is representing Mr. Hart regarding his attorney's
fees.
C/M Schumann requested that the City Attorney be directed to research
this as soon as possible as to not deprive Mr. Hart of his rights.
City Attorney Ruf said he would have it on Friday morning.
C/M Katz expressed his appreciation to the BSO response to a call from a
representative from St. Malachy's Church. He said he wrote a letter
thanking Captain Goldstein for the BSO officer performing with patience
and professionalism.
C/W Glasser said the drainage on NW 71 Place is being checked into at
the present time. She said she requested that Mr. Couzzo and Mr. Sparks
get the costs for this hazard and will be getting the information to
Council as soon as they can.
V/M Bender said the City has been trying for months to do whatever it
can to reduce the costs of trash collection, although, Tamarac is one of
the cities with the lowest rates. He said he has been attempting to get
the Broward League of Cities to help the. City to endorse a letter to the
Attorney General to investigate the possibility of some violation in the
Sherman Anti -Trust Act. He said Council had to approve another increase
for Waste Management. He said a letter was sent to Washington,
requesting that the Attorney General investigate and report to the City
the options the City has under conditions which are prevailing in order
to get some competition in bidding for waste collection. He said the
City is not getting this help locally and the City will exhaust every
possibility to achieve its objective in keeping the costs down.
Mayor Abramowitz expressed his appreciation to Assistant City Manager
Dina McDermott and her Staff members along with Helen Sobel, in the
registration drive for the free flu shots.
Mayor Abramowitz said the Council has directed the City Manager to go
out to bid on trash collection. He said the City is in its last year of
the five year contract with waste Management. He said many of the cities
subsidize their trash collection. He requested that the City Manager
research the possibility of utilizing the bag method. He said the main
reason that some cities have a lower fee than Tamarac is because these
cities give an exclusive contract to the trash hauler.
14. City Manaaer
City Manager Kelly said the rates have increased in accordance with the
Waste Management contract. He said the rate increase:; are as follows:
Currently Perce,}z,,,tace Raised Lp_
Single Family $14.24 4.7% $14.91
Condominium $/7.16 4.7% $ 7.50
City Manager Kelly said the'City has alerted the prospective vendors
that provide sanitation service, that the City was going to be bidding
out in the near future. He said the City has received several responses
to that and will be meeting with them in, November, 1991 for discussion.
City Manager Kelly said Red Ribbon Week is October 21 through October
25, 1991 which is "Say No To Drugs" Week. He said the BSO will be
supplying the City employees and vehicles with red ribbons to promote
this.
City Council Regular Meeting
10/09/91/KJ
Page 16
City Manager Kelly said there are approximately 60 shots left after the
registration and anyone who is interested should contact his office
after 3 p.m. tomorrow afternoon.
Mayor Abramowitz said anyone who has not pre -registered cannot receive
the flu shot without registering. He said the remainder of shots will be
given on a first -come first --serve basis.
City Manager Kelly said the City will be having bulk trash pickups on
November 25, 26 and 27, 1991.
City Manager Kelly said he will be out of town for a week on vacation
and Assistant City Manager McDermott will be representing him at the
next Regular Council meeting.
With no further business, Mayor Abramowitz ADJOURNED this meeting at
9:00 P.M.
NORMAN ABRAMOWITZ
MAYOR
CAROL A. EVANS
CITY CLERK
"This public document was promulgated at a cost of $194.87 or $4.33
per copy to inform the general public, public officers and employees
of recent opinions and considerations of the City Council of the City
of Tamarac."
CITY OF TAMA,A.G
APPROVED AT MEETING Of
City Clerk
n
u