HomeMy WebLinkAbout1990-11-28 - City Commission Regular Meeting MinutesCITY OF TAMARAC
CITY COUNCIL
REGULAR COUNCIL MEETING
WEDNESDAY, NOV'EMBER 28, 1990
=Z$;. Mayor Abramowitz called this meeting to Order on
Wednesday, November 28, 1990 at 9:00 A.M. in the Council Chambers.
MEDITATION AND PLEDGE OF ALLEGIANCE:_ Mayor Abramowitz called for
the Pledge of Allegiance followed by a Moment of Silent Meditation for
the men and women overseas.
PRZSZNT: Mayor Norman Abramowitz
Vice Mayor Bruce Hoffman
Councilman Dr. H. Larry Bender
Councilman Henry Rohr
Councilman Henry Schumann
ALSO PRESENT: John P. Kelly, City Manager
Alan Ruf, City Attorney
Patricia Marcurio, Office Manager, City Clerk's Office
Karen Jackson, Secretary
INTRODUCTION
1. Z2XSjXZA = by Mayor Abramowitz of a proclamation designating
December 3-9, 1990, as DEBORAfi HOSPITAL _YOUNDATION WEED[.
FINAL ACZIQN *
Presentation was made to Sarah Zbarsky.
Sarah Barsky expressed her appreciation on behalf of the Deborah
Hospital Foundation.
2. PRESENTATION by City Manager Kelly of five-year service
awards to PETER PROCOPIO and JOHN RABL, Engineering, and a
twenty-year award to NORA HOOPES, Building Department.
FINAL ACTION:
Presentations were made.
Presentations were made by City Manager Kelly.
3. P2ESENTATTON by City Manager Kelly of safety awards to
CSET JABLONKA and JAMES CARTER, Utilities Department.
ZINAL ACTION
Presentations were made.
City Manager Kelly said the City has a very active Safety
Committee which has been given more responsibility in overseeing
the safety habits of the personnel which reduces the insurance
costs.
Presentations were made by City Manager Kelly.
COfj��NT AGENDA
4. Items listed under Consent Agenda, Item 4 are viewed to be
routine and the recommendation will be enacted by OHM 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.
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City Council Regular Meeting
11/28/90/KJ
a. "OTI01 7!0 APPROVE the minutes of the following City Council
meetings:
1. 10/24/90 - Regular Meeting
2. 11/05/90 - Special Meeting
`'XXAL ACTION --
APPROVED
b. NOTION TO JW-MONF renewal of a model sales facility for
GREENVIEW APARTMENTS for a six-month period from 1/10/91
to 7/10/91.
TXNAL ACTION:
APPROVED
C. XQTION Tq APPROVE renewal of a model sales permit fo=
BOARDWALK APARTMENTS (CONCORD VILLAGE II)
administrative facility in Building 10, Unit 8650, for a
six-month period from 12/25/90 to 6/25/91.
;r-TNAI.ACTION:
APPROVED
d. MOTION TO -APPROVE renewal of a model sales permit for
HIDDEN HARBOUR for a six-month period from 12/24/9D to
6/24/91.
;'.TNAL ACTION
APPROVED
e. MOTION TO APPROVE renewal of a model sales permit and
waiver of the 300-foot distance requirement for issuance
of certificates of occupancy for LAKE COLONY (BROOKWODD
GARDENS), Units 94 and 95, for a six-month period from
12/13/90 to 6/13/91.
FINAL ACTION:
APPROVED
FoWunity Development
f. MOTION TO $MOPT SMM, agao_ 85931 releasing a cash
performance bond in the amount of $618.75 posted by Icon
Development Corp. for improvements required for issuance
of a certificate of occupancy at MISSION LAKES/CORAL
CREEK.
rJNAL ACTION; RESOLUTION #R-90-256-PASS30
APPROVED
g. MOTION TO A�?YjkQVE a model sales and administrative
facility for COLONY COVE for a six-month period from
11/28/90 to 5/28/91.
IrIRAA ACTION:
APPROVED
��G�,ggerinQ/IItilit�gr�
h. 1. MOTION TO A4gr t Temp. Reno. 5593g releasing a
performance bond in the amount of $52,343.00 pasted
for public improvements at THE MARKETPLACE AT
TAMARAC subject to receipt of a one-year warranty
bond in the amount of $20,403.76.
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City Council Regular Meeting
11/28/90/KJ
I
h. 2. accepting a
bill of sale for the water distribution and sewage
collection system improvements at THE MARKETPLACE
AT TAMARAC.
FIN�CTION•
APPROVED h.1. & 2
RESOLUTION #R-90-257-PASSED
RESOLUTION #R-90-258-PASSED
i. 1. releasing
performance Letter of Credit 037-LC-375285 in the
amount of $172,725.03 posted for public
improvements at COLONY COVE subject to receipt of
a one-year warranty bond in the amount of
$43,181.26.
2. MOTION TO ADOPT-- T Rea — #5936 accepting a
bill of sale for the water distribution and sewage
collection system improvements at COLONY COVE.
FINAL ACTION: RESOLUTION #R-90-259-PASSED
APPROVED i.1. & 2. RESOLUTION #R-90-260-PASSED
* V/M Hoffman MOVED to APPROVE the Consent Agenda, SECONDED by
* C/M Schumann.
VOTE: .ALL VOTED AYE
5. a. MOTION TO ACCEPT Final Release of Lien prepared by
Utilities Services, Inc., for all work performed and
materials supplied for TUW Project 87-19, Rehabilitation
of Sewage Lift Stations 11, 11A and 14B.
b. final payment in the amount of
$25,009.14 to Utilities Services, Inc., for all work
performed and materials supplied for TUW Project 87 19,
Rehabilitation of Sewage Lift Stations 11, 11A and 14B.
FINAL ACTION:
APPROVED 5.a. & b.
* a. C/M Rohr MOVED to ACCEPT Item 5.a., SECONDED by
* V/M Hoffman.
Bob Foy, Director of Utilities/Engineering, said this is the
acceptance of the lien and the City will be receiving the material
free and clear. He said in order to issue the final contract, the
lien must be accepted.
VOTE:
ALL VOTED AYE
* b. C/M Rohr MOVED to APPROVE Item 5.a., SECONDED by
* C/M Bender.
Mr. Foy said this is the payment for Item 5A. He said everything
is complete and has been operating.
VOTE: ALL VOTED AYE
6• approving a waiver to the
sign ordinance to permit a 74 square foot ground directory sign 10
feet from the property line of STARR CENTRE.
FINAL ACTION -
TABLED at Petitioner's request
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City Council Regular Meeting
11/28/90/KJ
City Attorney Ruf read Temp. Roso. #5940 by title.
City Manager Kelly said a letter was received from Mr. Richard
Michelson, General Partner of Starr Associates, requesting the
removal of this item from the Agenda of November 28, 1990 tabling
it to a future meeting of the City Council.
* V/M Hoffman X0VZD to TABLZ Temp. Roso. #5940. SZCONDRD by
* C/M Rohr.
VOTZ: ALL VOTZD AYZ
r2Q=unity Development
7. a. KQXXp I. TSB .pop X - Aomm q, #4P12 approving a plat
entitled WZLDON.
b. NQTXOlq TA .DRRT _2prV. __RagQ. #A2�2 approving
Development Order #271, a Development Review Agreement,
and a Blanket Public Safety Ingress/Egress Easement for
the VZLDON project. (to be located on the northeast
corner of NW 77 Street and NW 96 Avenue)
F/TVAI APTXPA", RZSOLUTIOU #R-90-261-PASSID
APPROVED 7.a. & b. RZSOLUTION #R-90-262-PASSED
City Attorney Ruf read Temp. Ron*. #5912 by title.
* a. C/M Bender MOVZD to APPROVZ Temp. Reno. #5912. SE&CONDZD
* by C/M Schumann.
Kelly Carpenter, Director of Community Development, said this is
an application for the Weldon final plat, Master File 1390. She
said this is a 36.222 acre site in Land Section 5 and the land use
designation is medium density residential, zoned R-3. She said
this plat is bound by Stipulations 9, 10, 12 and 13 on the old
court orders. She said the land use and zoning on the aligning
properties are as follows: north-R-1C (single family low medium
density residential), south-R-3 (low medium residential), east-
R-3U (rowhouse medium residential), west-R-3 (low density medium
density residential).
Ms. Carpenter said Staff used Chapter 21 of the Code of Ordinances
for the criteria for the review of plats. She said this plat
proposes to provide for 175 apartments representing 15.8743
dwelling units to the acre. She said the applicant has provided
the appropriate amount of Park dedication fees and has paid those
fees to the City. She said the City has received and reviewed the
Broward County Development Review Committee comments.
Ms. Carpenter said the application is in compliance with the
Comprehensive Plan. She said the applicant must enter into a
developers agreement with the City as a condition of this plat
approval concerning the provision of all required public
facilities and services. She said the applicant must insure that
services will be available to all site plans which may be derived
through the platted area.
Ms. Carpenter said this approval does not constitute a concurrency
review which the City will accomplish at site plan. She said for
purposes of Regional and State roads, the concurrency review
performed by Broward County during the plat process is deemed
applicable to State and Regional roads in Tamarac and not to local
roads. She said the Staff Review Committee has reviewed this plat
and all the comments have been met by the Committee.
Ms. Carpenter said the City has had continuous questions recavding
documents that have never been recorded through Leadership
Housing. She said Leadership Housing has agreed by letter to
investigate that matter and to re -offer that land to the City. She
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City Council Regular Meeting
11/28/90/KJ
said ordinarily, the City would not allow the plat to go without
that actually being dedicated, but history needs to be unravelled
to take care of this. She said Leadership Housing has agreed and
the City Attorney agreed that this can be done in this manner.
City Attorney Ruf said the City has an on -going continuous
relationship with Lennar Homes and Leadership Housing and he
agreed not to hold up the plat at present. He said if this is not
resolved by site plan review, another public hearing can be held.
VOTE: ALL VOTED AYE
City Attorney Ruf read Temp. Reso. #5913 by title.
* b. V/M Hoffman MOVED to APPROVE Temp. Reno. #5913, SECONDED
* by C/M Bender.
Ms. Carpenter said these are the agreements which implement the
plat approval in Item 7A. She said they include Development Order
271 and a Development Review Agreement and a Blanket Safety
Ingress/Egress Easement for the Weldon plat. She said Staff
recommends approval.
VOTE:
ALL VOTED AYE
8. a. approving a plat
entitled YORKSHIRE.
b, approving
Development Order #272, a Development Review Agreement,
and a Blanket Public Safety Ingress/Egress Easement for
the YORKSHIRE project. (to be located at the northwest
corner of NW 77 Street and NW 96 Avenue)
FJUL__ACTI_QN; RESOLUTION #R-90-263-PASSED
APPROVED 8.a. & b. RESOLUTION #R-90-264-PASSED
City Attorney Ruf read Temp. Reno. #5914 by title.
* a. C/M Bender MOVED to APPROVE Temp. Reso. #5914, SECONDED
* by V/M Hoffman.
Ms. Carpenter said this is the Yorkshire final plat, Master File
No. 1490. . She said it is an 18.806 acre site in Land Section 7
and has a land use designation of medium density residential with
the lands zoned R-3. She said the plat is controlled by
Stipulations 9, 10, 12 and 13 of the old court orders. She said
the land use and zoning of the aligning properties are as follows:
north-R-3U, south-R-31 low density, east-R-3, low density and
west-R-31 low density.
Ms. Carpenter said Staff used Chapter 21 of the Code of Ordinances
for the criteria for the review of plats. She said this plat is
restricted to 294 apartments. She said the applicant has provided
the appropriate amount of park dedication fees and has paid those
fees to the City. She said the City has received and reviewed the
Broward County Development Review Committee comments.
Ms. Carpenter said the application is in compliance with the
Comprehensive Plan. She said the applicant must enter into a
developers agreement with the City as a condition of this plat
approval concerning the provision of all required public
facilities and services. She said the applicant must insure that
services will be available to all site plans which may be derived
through the platted area.
Ms. Carpenter said this approval does not constitute a concurrency
review which the City will accomplish at site plan. She said for
purposes of Regional and State roads, the concurrency review
performed by Broward County during the plat process is deemed
applicable to State and Regional roads in Tamarac and not to local
Page 5
City. Council Regular Meeting
11/28/90/KJ
roads. She said the Staff Review Committee has reviewed this plat
and all the comments have been met by the Committee.
Ms. Carpenter said the City has had continuous questions regarding
documents that have never been recorded through Leadership
Housing. She said Leadership Housing has agreed by letter to
investigate that matter and to re -offer that land to the City. She
said Staff recommends approval.
V/M Hoffman asked if this is Land Section 7 and Ms. Carpenter said
it should be Land Section S.
VOTE: ALL VOTED AYZ
City Attorney Ruf read Temp. Reno. #5915 by title.
* b. V/M Hoffman MOVED to APPROVE Temp. Reso. #5915, SECONDED
* by C/M Bender.
Ms. Carpenter said these are the agreements which implement the
plat approval in Item 8A. She said they include Development Order
272 and a Development Review Agreement and Blanket Safety
Ingress/Egress Easement for the Yorkshire plat. She said Staff
recommends approval.
VOTE:
4nginserin,g/Utilities
ALL VOTED AYZ
9. MOTION TO ADOPT TezW_ Reso_ #5929 awarding Bid #90-30 in
the amount of $242,762.25 to Davis Meter and Supply for the
purchase of pipe, fittings, valves, fire hydrants and all
related appurtenances for eight Tamarac Utilities West projects
(tabled on 11/14/90).
YINAL ACTIPN,,�
TABLED
City Attorney Ruf read Temp. Reno. #5929 by title.
City Manager Kelly said this item has been tabled once before, He
said it had been recommended to Council to award this bid to Davis
Meter and Supply in the amount of approximately $250,000.00. He
said this -bid covers 8 different projects and is for the supplies
and materials only. He said the labor will be supplied by the
City's Utilities Department for cost savings. He said in response
to questions by Council, Mr. Foy has prepared a five -page report
which was received and issued for review by Council. He said due
to insufficient time available in the bid process for review of
this report, he recommended tabling this item.
* V/M Hoffman MOVED to TABLE Item 9, SECONDED by C/M Rohr.
VOTE:
�► �, � Works Department
ALL VOTED AYZ
10. MQTWg TO BDOPT Temp. g4�sq, awarding Bid #90--28 to
BCW, Inc., d/b/a Tamarac Shell Car Wash for the purchase of
gasoline and diesel fuels for the City's vehicle and heavy
equipment fleet at each week's posted prices (tabled on
11/14/90).
g-TNAI, , ACrTTONA
TABLED
City Attorney Ruf read Temp. Reno #5934 by title.
* V/M Hoffman MOVED to APPROVE Temp. Reno. #5934, SECONDED by
* C/M Bender.
Gity Sounsiileguiar Meeting
11/28/90/KJ
1
1
V/M Hoffman said the City is paying $1.40 per gallon for gasoline.
He said he purchases gasoline for $1.49 at the same station and he
asked why the City pays $1.40 for gasoline.
Mike Couzzo, Assistant City Manager, said the City has been
purchasing high test unleaded gasoline for approximately two years
primarily for the Police cars which ran better on it. He said a
lot of research has been done and high test unleaded gasoline runs
more efficiently and the engine runs better and cleaner. He said
many people have switched to regular unleaded for economical
reasons which vehicles will function on. He said most cars are
rated for an 87 fuel octane. He said most regular unleaded
gasoline is rated 87. He said other municipalities and other
businesses that use regular unleaded suggest using high test
occasionally or using an additive in the unleaded gasoline to
clean out the residue that is built up as a result,of using a
lesser octane. He said high test has an octane of about 93.
Mr. Couzzo said the current differential is about six cents per
gallon. He said the City currently consumes approximately 11200 to
1,500 gallons weekly, which equals $75.00. He said the
differential cost annually is approximately $3,500.00.
V/M Hoffman said the gas station is selling gasoline at 1.259
rather than .14 per gallon.
Mr. Couzzo said the prices were reported at 1.439.
V/M Hoffman said at the Shell Station being awarded this contract,
the price is 1.27 per gallon. He said driving his personal vehicle
on regular unleaded runs fine. He said he does not feel it is
necessary to pay the difference. He suggested running the City
vehicles on regular unleaded.
Mr. Couzzo said they will run on regular; however, the older cars
in the fleet have greater build up. He suggested using an additive
occasionally if the decision is made to use regular unleaded.
C/M Schumann asked if the fleet has been timed to run on 87
octane. He said certain compounds are put into the higher octane
gasoline but they are not going to run the engine any cleaner. He
said it will only keep the car from pinging if the car is out of
time. He said any engine can be timed for any octane and Mr.
Couzzo agreed.
C/M Rohr said most of these cars are timed for 87. He said the
manufacturer does not recommend high test for the 6 or 8 cylinder
car. He said the 87 octane is fine and the higher octane is
recommended for the reasons already mentioned. He said he does not
feel it is necessary to re -time all of these vehicles. He said
using an additive occasionally should solve the problem.
C/M Bender said the cost is the factor and judgement should be
made regarding the maintenance costs.
Mayor Abramowitz suggested instructing the City Manager to use
regular unleaded in all instances where it is feasible and to
institute a preventative measure campaign when necessary.
City Attorney Ruf asked if this Resolution is awarding a bid for
high test only and Mayor Abramowitz said he wants to correct it to
have it express the wishes of Council.
V/M Hoffman asked if the owner of the Shell station bid only at
high test prices and City Manager Kelly agreed.
Mr. Couzzo said the Finance Department needs to be consulted for
direction on purchasing the gasoline.
* V/M Hoffman MOVED to TABLE Item 10, SECONDED by C/M Rohr.
VOTE: ALL VOTED AYE
Page 7
City Council Regular Meeting
11/28/90/KJ
4r1x yquxc� roRm
14. PRRV )?PAAlq NgXPM - Any member of the public who wishes to
address the City Council at this time must, in advance of the
item, give his/her name and address to the City Clerk.
Eleanor Smirling, resident of the Boulevards of Tamarac, expressed
her concern regarding the grass cutting and the trees being
trimmed along 53rd Street against Prospect Road in the median
strip. She said it is difficult to view the oncoming traffic
coming out from the Boulevards of Tamarac.
Mayor Abramowitz said the general practice of the City is to trim
all of the trees once a year. He said the City does not have the
equipment to trim trees and contractually hires a company to trim
the trees once a year. He .said there have been 7 people to cut 6
million square feet of grass.
Mrs. Smirling said she has made phone calls to City Hall and bas
not received a return call.
Mrs. Smirling expressed her concern regarding the Utilities
Department and the water shut off. She said her curtains were
ruined by mud that flowed through her washing machine due tc the
water being shut off and no one informed the neighborhood prior to
the shut down. She said she would be happy to alert everyone 1n
the neighborhood if someone would be notified prior to the shut
down. She said they have removed her water meter temporarily to
compensate for the water waste of re -rinsing her curtains over and
over.
Mayor Abramowitz said phone calls are returned by the Staff at
City Hall whenever possible.
TAP$ 2
Mayor Abramowitz said it is the City's policy to return phone
calls when received. He said City Manager Kelly will take care of
all Mrs. Smirling's concerns.
Melanie Reynolds resident, expressed her concern regarding the
calendar for the bulletin board. She referred to the park
dedication quotes by Ms. Carpenter. She said she thought the
stipulation was strictly $95.00 per unit. She said she sent a note
to City Manager Kelly regarding the improper quotes by Ms.
Carpenter. She expressed her concerns regarding this.
Ms. Reynolds said Council had discussed the money in the CIAC fund
in one of their meetings and asked why there was no comment made
regarding a deficit amount of seven million dollars in the CIAC
fund. She expressed her concerns regarding this.
Ms. Reynolds said City Manager Kelly said Staff is waiting for the
money from the Public Works sale. She said the people voted to
spend $1,900,000.00 on the Public Works building and not the
complex. She expressed her concerns regarding Public Works
borrowing $35,000.00 from the Contingency Fund and the $500,000.00
owed to the General Fund borrowed in 1988 to balance the budget.
Nathan Peretzman, resident, asked if the City issued a blank check
to an ambulance service for emergency transports to the hospital.
He expressed his concerns regarding emergency ambulance
transportation to the hospital. He read from the minutes of the
Charter Board meeting of June 4, 1990 regarding Mayor Abramowitz
and the ambulance contract.
Mayor Abramowitz said the Charter Board has never spoken to him
regarding this matter.
Irving Katz, Lakes at Carriage Hills, said he
mandating the tree under -cutting. He said he
under -cutting mandated of 5 feet on commercial
Page 8
City Council Regular Meeting
11/28/90/KJ
found no Ordinance
found there is an
property. He
requested from Council an investigation regarding an Ordinance to
penalize a violation regarding this and Mayor Abramowitz agreed.
Mayor Abramowitz RZCSSSZD and RECONVENED at 10:00 A.M. with all
present.
Community Develonment
11.PRALIC REAZING -
concerning a request by Pebb Enterprises for special exception to
permit a restaurant in POINT PLAZA, Bays 12, 13 and.14, at Nab
Hill Road and Westwood Drive, which is zoned B-1 (Neighborhood
Business) . Petition #32-Z-90
$INAL ACTION: RESOLUTION #R-90-265-PASSED
Public Hearing was held.
APPROVED
City Attorney Ruf read Tamp. Reso. #5941 by title.
* V/M Hoffman MOVED to APPROVE Tamp. Reno. #5941, SECONDED by
* C/M Bender.
Ms. Carpenter said this is an application by Pebb Enterprises,
Special Exception Petition #32-Z-90, for a restaurant proposed to
be located at a shopping center at the northeast corner of
Westwood Drive and Nob Hill Road. She said the shopping center
name is Point Plaza, which is currently under construction. She
said the shopping center is on a platted piece of property
designated commercial on the Tamarac Land Use Plan and is properly
zoned B-2. She said the B-2 designation allows restaurants as a
special exception use.
Ms. Carpenter said the Code specifies the use criteria for
restaurants as a special exception. She said the Bay must be at
least 100 feet from the nearest residential property line. She
said the means and method of waste collection must be submitted.
She said the dumpster on the site plan is appropriately located
and the applicant has demonstrated that the dumpster is of
sufficient size to accommodate the waste of the restaurant and the
other Bays.
Ms. Carpenter said the Code requires that a plan for control of
reduction and elimination of offensive odors be submitted, which
has been done. She said the Planning Commission has recommended
approval of this but did not set additional conditions. She said
the applicant must supply a parking calculation for the proposed
restaurant so that the required number of spaces can be verified.
She said this site plan has 51 spaces above the minimum
requirement in the Code.
Ms. Carpenter said the review at the time of platting indicated
that 50,000 square feet of commercial use was unrestricted and
allowed in this plat. She said Staff has recommended approval
subject to the following criteria: 1) submittal of the document
that the dumpsters are properly sized, 2) submittal of
documentation concerning the required and provided parking spaces
and, 3) additional health, safety and welfare criteria that
Council may choose to add.
V/M Hoffman asked what kind of restaurant this will be and Ms.
Carpenter said it is a bagel restaurant.
V/M Hoffman asked what the seating capacity is for this facility
and Ms. Carpenter said it has a capacity of 98.
Mayor Abramowitz said Tamarac is the only City that requires a
restaurant to have a six day pick-up for waste removal. He said
Page 9
City Council Regular Meeting
11/28/90/KJ
it does provide a hardship for the owner but it is the way Council
wants to keep the City.
V/M Hoffman asked if this will have a take out or will be strictly
an eat -in facility and Ms. Carpenter said there is nothing on the
site plan.
Mayor Abramowitz OPENED the Public Hearing.
Melanie Reynolds, resident, asked if the bagels will be bake3 on
the premises.
Ms. Carpenter said the applicant is present to answer questiaas.
She said when an application is made the type of cooking to be
done on the premises is not asked. Ms. Reynolds said the question
was asked because she believes that two occupational licenses are
needed to cook on the premises.
Mayor Abramowitz said if a license is needed, it will be received.
VOTE: ALL VOTED AYE
QRDINANCLS
gpmmgn9,�;y Aepplopment
12. a. jKQT1,0�k 1X0_ArCMPT Affidavits of Publication and Posting
for Temp. Ord. #1517. Petition #26-Z-90
b. PUBTLIC AFARM "z „ PTION TO ADOPT Tomes„,, Or d, P� 517
on second reading concerning a request by Leadership
Housing, Inc., to rezone lands on the northeast corner
of Nob Hill Road and Commercial Boulevard from A-5
(Limited Agricultural) to RM-10 (Planned Apartments) tc
conform to the City Land Use Plan and the Broward County
Land Use Plan. Petition #26-Z-90.
U06L ACTIOni ORDINANCE #0--90-44-PAS9ED
Public Hearing was held.
a. ACCEPTED Affidavits.
b. APPROVED on second and final reading.
* a. V/M Hoffman MOVED to ACCEPT Affidavits, SECONDZD by
* C/M Rohr.
VOTE: ALL VOTED AYE
City Attorney Ruf read Temp. Ord. #1517 by title.
* b. V/M Hoffman MOVED to APPROVE Temp. Ord. #1517, SECONDED
* by C/M Bender.
Ms. Carpenter said this is Petition #26-Z-90, an application by
Leadership Housing, Inc., to rezone a 34.538 acre parcel from A-5
(Excavation) to RM-10 (Planned Apartments). She said this is the
only A-5 site remaining in the City. She said the parcel is
located near the northeast corner of Nob Hill Road and Commercial
Boulevard. She said the parcel is designated low medium density
residential, 6 to 10 on the Tamarac Land Use Plan. She said LAM-10
is an appropriate zoning district. She said since the A-5
category does not allow residential uses, Council may consider
this rezoning to RM-10 as a rezoning to conformity with the Land
Use Plan.
Ms. Carpenter said the surrounding land uses are as follows:
north -commercial recreation, a golf course, south -commercial 3-2
and B-3, east -industrial on the VGC parcel and west -commercial
B-3. She said there is no concurrency review associated with this
rezoning request, which will be done at the time of site plan.
She said the Planning Commission recommended approval of this
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city Council Regular Meeting
11/28/90/KJ
rezoning from A-5 to RM-10 at it's September 13, 1990 meeting.
She said Staff recommends approval.
VOTE:
ALL VOTED AYB
13. on
second reading to amend Section 6-31 of the Code to adopt a
service fee up to $15.00 or 5% of the face amount for the
collection of a dishonored check, draft or other order.
FlliiAL ACTIQH; ORDINANCE #0-90-45-PASSED
Public Hearing was held.
APPROVED on Second and final reading.
City Attorney Ruf read Temp. Ord. #1518 by title.
* C/M Bender MOVED to APPROVE Temp, Ord. 41518, SECONDED by
* C/M Schumann.
7
VOTE: C/M Schumann - AYE
V/M Hoffman - AYE
C/M Bender - AYE
C/M Rohr - ABSENT
Mayor Abramowitz - AYE
15. City Council
C/M Schumann - No report.
C/M Bender - No report.
V/M Hoffman - No report.
C/M Rohr said he was contacted by Nevin Eisenberg, Area Business
Manager for Reynolds Aluminum, who proposed a recycling of
aluminum cans that would be done by Reynolds Aluminum, He said
they would provide a 13 foot by 8 foot container where the people
would deposit the cans and would be paid by the pound. He said
being involved with four other cities in an inter -local agreement,
he discussed this with City Manager Kelly and it was decided to
discuss this with the other cities involved. He said Tamarac
would be offered as a pilot program so this would not adversely
affect any agreements with the other cities. He said Mr.
Eisenberg is present to answer any questions.
Mayor Abramowitz -suggested that Mr. Eisenberg meet with City
Manager Kelly and then report back to Council regarding this.
C/M Rohr said Reynolds Aluminum will take the responsibility of
obtaining the locations within the City, maintain this and pay the
franchise fee for each container located in the City.
16. City Manager
City Manager Kelly said Susan Tillman, Risk Manager,recommended
that the boat dock facility at Veteran's Park be removed
immediately and that recreational use of the C-14 Canal be
discouraged. He said during the past year several accidents have
occurred there causing injury when planks on the dock have been
broken or removed. He said the City has recently been sued for
$65,000.00 by someone who alleges to have been injured at
Veteran's Park.
City Manager Kelly said that the Public Works Department indicates
that recreational boaters pull up to the dock and -hit with such
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impact that planks have become dislodged. He said the docks were
originally constructed to serve the South Florida Water Management
District in their usage on the C-14 Canal. He said recreational
boaters have been utilizing these docks in a negligent manner. He
said to avoid further liability, it is recommended that these
docks be removed and the aquatic recreational activities from
Veteran's Park be strongly discouraged.
City Manager Kelly said Staff is continuing to follow-up on this
recommendation in dealing with the South Florida Water Management
District directly regarding this. He said it is the intention, to
continue the use by South Florida Water Management District by
providing a key to have access.
Mayor Abramowitz recommended that City Attorney Ru£ send a letter
to South Florida Water Management District telling them of the
City's intention to close this facility and if the permission is
not received, that they be placed on notice that they will be held
responsible. He said he wants this closed. He said it is most
likely that 95% of the people using this facility are not
residents of the City. He said he does not want anymore lawsuits
due to this problem. He said the reason it had not been closed at
present is because South Florida Water Management District is not
finished.
V/M Hoffman said there is a ramp and a dock and the ramp is what
the South Florida Water Management District uses. He said they do
not use the dock and City Manager Kelly agreed. V/M Hoffman said
the City does not need to wait for permission to remove the dock.
City Manager Kelly said this is being reviewed for the
implications of other grants that the City has in relationship to
the project in the park. He said the boat ramp relates to the
restroom.
V/M Hoffman said this can be chained off to give them the right to
use it and City Manager Kelly agreed.
C/M Rohr asked if there is any way to receive a Hold Harmless
Agreement from the South Florida Water Management District or
Broward County. He said it is an improvement for the people, and
if the people are using it, maybe the County would take
responsibility for it.
City Manager Kelly said everything needs to be tied in regarding
the various grants and brought to Council before action can be
taken. He said he wants to be sure the City is protected on all
counts before action is taken.
V/M Hoffman said Broward County does not want the canal being used
for recreational purposes. He said the South Florida Water
Management District would like the recreational activities ceased.
Mayor Abramowitz suggested putting a sign up indicating usage is
at the parties responsibility.
City Attorney Rtf said much of this was accomplished through
grants from various State agencies at the request of Tamarac and
time is needed to research the ramifications of the requested
grants and projects completed with grants before closing it.
Mayor Abramowitz said time is of the essence on this.
City Manager Kelly said regarding the sale of the old City Hall,
Staff has moved in the direction of contacting the proposed buyers
to prepare a draft contract to submit to the City for review. He
said the proposed buyers advised him that this should be submitted
shortly and will be reviewed. i
City Manager Kelly said there have been a number of phone callff
from concerned citizens regarding rumors of this proposed usage.
He said he will be speaking at one of the Homeowner's Association
meetings to try and alleviate some of their concerns. He said
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Council reviewed the original proposal and was adiment about
protecting the City's rights if there were any possibility of it
being detramental to the City's good and welfare.
City Manager Kelly said several meetings have been held with the
proposed buyers and they have made substantial insurances and
modifications in their proposal that conforms to one that has been
supported strongly. He said it is for a Children's Village for
young, healthy children. He said it is not a home for wayward
children, troubled children, teenagers or gang types. He said the
upstairs will be used for catering, not a restaurant and the
downstairs for playthings and electronic games that would appeal
to very young children. He said this looks positive for the City.
Mayor Abramowitz said he is also upset regarding the rumors about
the proposed usage. He said it was the determination of Council
to what the proposed buyers were proposing and if it fit into the
image wanted for Tamarac. He said at all of the meetings held
between Council and the proposed buyer, all ojections have been
met by the buyer. He said when discussion was held regarding
attracting the wrong element to the City and the accompaniance by
a parent, the buyer was willing to go along with that. He said
discussion was held regarding security and hours of business and
the buyer was willing to agree.
Mayor Abramowitz said he has spoken.to the surrounding cities for
their opinions. He said every dollar in the budget that is set
aside for Capital Improvement is based on the sale of the old City
Hall. He requested phone calls from the public if any information
is needed for clarification.
17. City Attorney
City Attorney Ruf asked that the City Attorney Report be removed
from the Agenda since there will be no reports.
City Manager Kelly said the meeting dates for December, 1990, have
been changed. He said the first meeting will be held on
December Sr 1990, at 7:00 P.M. and the second will be held on
December 19, 1990, at 9:00 A.M.
With no further business, Mayor Abramowitz wished all a happy and
healthy holiday season and ADJOURNED this meeting at 10:40 A.M.
CAROL A. EVANS
CITY CLERK
"This public document was promulgated at a
copy to inform the general public, public
recent opinions and considerations of the
Tamarac."
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City Council Regular
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ORMAN ABRAMOWITZ
MAYOR
cost of $175.43- br $3.90 per
officers and employees of
City Council of the City of
CITY OF TAMARAC
APPROVED AT MEETING OF 19 90
----7 — City Clerk
Meeting