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HomeMy WebLinkAbout1990-12-05 - City Commission Regular Meeting MinutesCity Council Regular Meeting 12/05/90/KJ Page 1 CITY or TAMARAC CITY COUNCIL RZGUmIR COUNCIL MEETING WZDNZSDAY, MZCZMSRR 05, 1990 CALL TO ORDER. Mayor Abramowitz called this meeting to Order on Wednesday, December 5, 1990 at 7:00 P.M. in the Council Chambers. NZ0T= QN aND PLEDrAN QZ &Qj"A=rjj Mayor Abramowitz called for the Pledge of Allegiance followed by a Moment of Silent Meditation for Lieutenant Colonel Ralph Sharpman, President of the Tamarac Democratic Club. PRESENT: Mayor Norman Abramowitz Vice Mayor Bruce Hoffman Councilman Dr. H. Larry Bender Councilman Henry Rohr Councilman Henry Schumann John P . Kelly, City Manager Alan F. Ruf, City Attorney Carol A. Evans, City Clerk Karen Jackson, Secretary 1. PRESRNTATION by Mayor Abramowitz of commendations -to James Petition and Mike Taylor for their heroic rescue of a person trapped in a car in a canal. _ -ACT �ION^6, Presentation was made to James Petition by Mayor Abramowitz. Mike Taylor was absent and presentation was accepted by Fire Chief Ray Briant. Mayor Abramowitz said accepting for Mike Taylor, is Chief Ray Briant. He presented the commendations to both, along with an invitation from the Colony West Country Club in appreciation for their involvement. He introduced Maurice Cohen, the victim of the accident, to all. 2. ATION By Mayor Abramowitz of Certificates of Appreciation to the following participants in the City Logo Contest and ANNOUNCEMENT of the winner: James E. Dix Dorothy Ghinis Trish Jesselli Miriam Krasner Abraham Littman Edith Maidment Martin A. McHugh Nancy E. Moffatt Ed Rakosi Sherry A. Sicher FINAL A=QN! Presentations were made to entrants and the winner, Trish Jesselli, received the $500 Savings Bond. Mayor Abramowitz expressed the Council's appreciation to the participants of the logo contest. He invited all of the participants to join him in the front of the Chambers and awarded the Certificates of Appreciation. He announced the winner, Trish Jesselli. He asked Dina McDermott, Assistant City Manager, to introduce the representatives from Sun Bank. • Ms. McDermott introduced Donna Bromfield, Tamarac West Sun Bank, and Donna Lovern, Sun Bank. Photographs were taken of all. V/M Hoffman asked if the recycling emblem would be removed from the new logo and City Manager Kelly said yes. Page 1 12/05/90 City Council Regular Meeting 12/05/90/KJ Page 2 3. Items listed under Consent Agenda, Item 3, are viewed to routine and the recommendation will be enacted by ONE in the form listed below. If discussion is desired, the item(s) will be removed from the Consent Agenda and will considered separately. a• approving a 5-foot partial subordination of canal maintenance easement on Lot 20, Block 374, WESTWOOD COMMUNI' 7030 NW 102 Avenue. RESOLUTION R-90-266-P APPROVED b• to the engineer agreement with Hazen and Sawyer in the amount of $8,000.00 to prepare the 1989/1990 Annual Tamarac Utilities West Operating Report as required under outstanding revenue bond trust indenture, TUW Project 90-07. C. to the contra with Man Con, Inc., providing for a 30--day time extension to the completion date of TUW Project 89- Stormwater Drainage Retention Area; the new project completion date is 12/24/90. I: 919301 d• approving a holiday tree sale by the Masonic Lodge December 7-2 1990, at the Southeast corner of University Drive a 64 Avenue. L RESOLUTION R-90-267-P 1:20619:491 C/M Rohr MOVED to APPROVE the Consent Agenda, C/M Bender. NOXION TD ADOPTTo=- Rome- #5946 awarding Bid #90-3 group life insurance and accidental death and dismemberm insurance to The Metropolitan Life Insurance Company at of $.38 per thousand for life insurance and $.05 per tho accidental death and dismemberment insurance. RESOLUTION R-•90-268-P 14�1�1ii�� City Attorney Ruf. read Temp. Reno. #5946 by title. V/M Hoffman XOV$D to "PROVE Temp. Reno. #5946, C/M Bender. for by F1 L 1 Page 2 12/05/90 City Council Regular Meeting 12/05/90/KJ Page 3 Peter Mack, Personnel Director, said the City requested bids for life insurance and accidental death and dismemberment insurance that the City provides to the employees. He said the City had a number of bids that were responsive to the requirements of the City and, in a desire to invoke a provision of the bid package that specifies that the City is not required to accept the lowest bid, recommends the acceptance of this bid from Metropolitan Life Insurance Company as the most responsive to the City's needs. Daniel Rachman, representative for Standard Insurance Company, said that Metropolitan Life Insurance Company is an excellent company, but so is Standard Insurance Company. He said are both A+ rated companies. He said Standard Insurance Company bid 34.4 cents and Metropolitan Life Insurance Company bid 38.5 cents, which would give the City a savings of $3,246.00 per year by going with Standard Insurance Company. He said being responsible for the taxpayers, Council has the opportunity to save the taxpayers over $3,000.00 for the exact same coverage with the same two year rate guarantee. Mayor Abramowitz asked Mr. Mack why he recommended Metropolitan Life Insurance Company versus Standard Insurance Company. Mr. Mack said both companies are A+ rated and there is a potential savings with Standard Insurance Company; however, other things have been taken into consideration. He said it is the professional opinion of the Risk Management Division and the Personnel Department that quality of service is a primary consideration. Mayor Abramowitz said Mr. Rachman's company had served the City in the past year. Mr. Mack said Standard Insurance Company was not servicing the City. He said Mr. Rachman, as an independent broker, represented North American Life Insurance. Mayor Abramowitz said he would like more information. Mr. Mack said the opportunity of the City to deal directly with the insurance company rather than through a broker is of considerable importance to the City. He said there has been some difficulty in the past with the service that has been provided and it is on that basis that- Staff recommends approval. Mayor Abramowitz asked if this is a recommendation of the Risk Manager. Mr. Mack said, yes, along with the Insurance Coordinator with the full support of the Chairman of the Insurance Advisory Board. C/M Schumann asked if the service being discussed was from the agent or the carrier. Mr. Mack said the problems have been more from the representative or agent rather than the carrier. C/M Rohr asked for an example of not receiving the service the City should have. Mr. Mack said there is a list of doeumented,items for which past service from the representative has not been up to the City's standards. V/M Hoffman asked if the Council has an obligation to give this to the lowest bidder or has the right to take the advice of Staff and give this bid to the one who they feel will best serve the City. City Attorney Ruf said it should be awarded to the lowest responsive and responsible bidder and there are some concerns that Council could take into consideration other than being the low bid. Page 3 12/05/90 City Council Regular Meeting 12/05/90/KJ Page 4 C/M Bender said he feels that the primary importance is that the benefits that the insurance.company offers should be the kind that will benefit the employees. He said if the employees are having. trouble getting the benefits due them, there is a problem. He said based on the recommendations that Mr. Mack indicated, he feels there is no choice but to go with Metropolitan Life Insurance Company. Mr. Rachman said Mr. Mack referred to service problems. He said he is not aware that he personally caused any problems. He said Mr. Mack had a confrontation with the Regional Director of North American Life.Insurance and they have a personality conflict, He said there was one claim that North American Life Insurance paid $10,000.00 instead of $5,000.00 which Mr. Mack believes should have been paid. He said the Personnel or Insurance Department never responded to a letter sent to them, whereby they thou;ht the benefit should be lowered. He said North American Life Insurance had the obligation by contract, to pay the amount, which was on Jack Stelzer past Councilman. He said North American Life TrsnrRnce nave his widow $10,000.00 where the Insurance Department claimed the payment should have been $5,000.00. * C/M Rohr MOVED to TABLE Temp. Reso. #5946 but the Motion died * for lack of a SECOND. i V/M Hoffman asked if there are any other problems and Mr, Mack said there are several other problems. Mayor Abramowitz said Council should be able to accept St,afF recommendation for a little over $3,000.00. He said he asked Mr. Mack if this was a personality or business decision and Mr. Mack assured him that it is a business decision. He said it is the Council's obligation to go with the best possible service as well as the best price and the ability of the company to work with Staff. VOTE: ALL VOTED AYE Mayor Abramowitz RECESSED and RECONVENED this meeting at 7:30 P.M. with all present. PIMLTC HZARTN(i3 - 7 ! 30 , P . M Communit,y movelopment, 5. PU4119 49A]UNQ JVOTTON TO ADOPT TenW _ Re�q_ 05944 concerning a request by MARKZTPLACE AT TAMARAC for a limited parking waiver to allow the total amount of parking to permanently be 269 regardless of use and/or occupancy within the approved shopping center of 78,225 square feet. Petition #35-Z--90 ANAL _AC'TTPN; TABLED at the request of the applicant until Wednesday, Janaffiry 9, 1991, at 7:30 P.M. City Attorney Ruf read Temp. Reso. #5942 by title. * C/M Bender MOVED to APPROVE Temp. Reso. #5942, SECONDED by * V/M Hoffman. Kelly Carpenter, Director of Community Development, said the applicant with Petition #35-Z-90, has requested by letter to be deferred until the first Council meeting of 1991, which would be January 9, 19910 at 7:30 P.M. She said Staff does not object to that request. Page 4 12/05/90 City Council Regular Meeting 12/05/90/KJ Page 5 * C/M Rohr -MOVED to SABLE Tamp. Roan. #5942, SZCONDED by * C/M Bender. VOTX: ]lLL NOTED AYE 6. concerning a request by PSSB RNTERPRISES for special exception to permit two (2) restaurants in Bays 7, 15 and 16 of POINT PLAZA at Nob Hill Road and Westwood Drive, which is zoned B-1 (Neighborhood Business). Petition #36-Z-90. FINAL ACTIONS lt$SOLUTION R-90-269-PASSED Public Hearing was held. APPROVED City Attorney Ruf read Tamp. Reno. #5943 by title. * C/M Bender MOVED to APPROVE Tamp. Reno. #5943, SSCONDZD by * V/M Hoffman. Ms. Carpenter said this is a special exception application, Petition 436-2-90, by Pebb Enterprises for two restaurants proposed to be located at the northeast corner of Westwood Drive and Nob Hill Road in Point Plaza, which is currently under construction. Ms. Carpenter read the Findings of Fact into the record. (See Attachment 1). She said this site plan has 51 parking spaces above the minimum required and the Planning Commission recommended approval at it's meeting on December 51 1990. She said Staff recommends approval and has not found any additional criteria that would be recommended to Council. Mary Seidel, resident of Kings Point, Oommended the Planning Commission and the Community Development Department for trying to improve the financial tax base in Tamarac by adding businesses. He said he objects to it based on the economic impact in the area. He said there are many empty stores in the area and there are at least 7 or 8 restaurants of various nature. He said there is a need for improving the tax structure but not to the expense of other restaurants or businesses that exist. He said he feels there is a saturation point that could be reached. He said there is a need for a morning breakfast place with an impact of the traffic and joggers on Nob Hill Road. VOTE: ALL VOTED AYE 7. a. XoTION TO &=PT Affidavits of Publication and Posting for Sim- Ord__ 11514. Petition #11-Z-90 b . PtMLIC HEARING - MOTIQX 2:0 j�pQPT Temp _ Ord- 01514 on second 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) for Lots 8 and 9, and from B-2 (Community Business) and B-6 (Business District) to B-2 (Community Business) for Lots 2 - 7 in Block 10, Lyons Commercial Subdivision Unit 2. Petition #11-Z-90 C. accepting voluntary deed restrictions for Lots 8 and 9 in Block 10, Lyons Commercial Subdivision Unit 2, for the purposes of limiting the building envelope to B-2 standards and to limit the uses allowed on the site. Petition #11-Z-90. Page 5 12/05/90 City Council Regular Meeting 12/05/90/KJ Page 6 ;rXNAlL Ar j'ION! ORDINANCZ 0-90-46-PASSED a) ACCEPTED Affidavits RESOLUZ m R-90-270-PASSED b) APPROVED on second and final reading as amended. C) APPROVED 7. a. C/M Bender MOVED to ACCEPT Affidavits, SECONDED. by C/M Rohr. VOT=: ALL VOTED AYZ City Attorney Ruf read Temp. Res*. #5945 by title 7. b. C/M Bender NOVED to APPROVZ Temp. Ord. #1514, " SECONDED by C/M Rohr. Ms. Carpenter said this is Petition #11-Z-90 from Kramer and Cantor for a rezoning of lands that are currently zoned B-2 and B- 6. She said the request is to rezone the lands to B-3 (general business) to allow conformance to the Land Use Plan. She said all of these three zones conform with the Land Use Plan, but the applicant has requested that the lands be rezoned B-3. She read the Findings of Fact into the record. (See Attachment 2) Ms. Carpenter said Staff recommended denial of this B-3 application for the following reasons: a) strips of B-3 use along the arterial streets is not appropriate at this location, b). that 94th Avenue is an appropriate break for that, c) the B-3 uses should be clustered primarily in the areas west of Nob Hill Road. Ms. Carpenter said this recommendation was made to the Planning Commission and they supported that recommendation. She said evince then, the applicant has proposed deed restrictions on the parcel, which is Lots 2 through 9 in Block 10, Lyons Commercial Subdivision Unit 2 for the purposes of limiting the building envelope to B-2 standards and to limit the uses allowed cn tha site. She said there are approximately 50 items on the list of uses. She said as of today, December 5, 1990, the applicant has an alternate proposal, which seems to meet the recommendations of the Staff and Planning Commission to adhere to B-2 zoning and meet the applicant's need for the store fronts with garage access in the rear. Ms. Carpenter said the applicant has proposed that Lots 8 axed 9 be rezoned to B-3 and that Lots 8 and 9 be subject to the vcluttatiry restrictions that are contained in the Resolution of Item 7.c. She said the B-3 uses would only apply to Lots 8 and 9 artd ailL of the restrictions as they were supplied to Council, limited to the B-2 envelope and with the 50 item list of restrictions worald be applying to Lots 8 and 9. She said the Ordinance would need to be amended. She said she could read the proposed language in Notion form if Council would like. Ms. Carpenter said Lots 2 through 7 would go to B-2. She said four of the five lots are already B-2. She said Lot 2 is currently B-6 and the rezoning request would be to take the B-6 lot and rezone it to B-2. She said the B-3 restrictions that apply to Lots 8 and 9 would not apply to Lots 2 through 7 because they would be covered under B-2. Ms. Carpenter read Section 24-67, Paragraph 7 of the Code which allows Council to rezone property to a district more restrictive than that applied for by the applicant. She said the applicant is free to amend it to only cover the B-3 on Lots 8 and 9 and coc•er the B-2 on Lots 2 through 7. • Mayor Abramowitz asked if the City Attorney agreed and City Attorney Ruf said he had no problem with it. Ms. Carpenter read the title of the amended Ordinance as follows: "Anl,Ordinance amending prior Zoning Ordinances providing for the rezoning of certain real property from B--2 and B-6 to B-3 for Lots 1 1 1 Page 6 12/05/90 L! 1 City Council Regular Meeting 12/05/90/KJ Page 7 8 and 9 of Block 10, Lyons Commercial Subdivision Unit 2.and from B-2 and B-6 to B-2 for Lots 2 through 7 of Block 10, Lyons Commercial Subdivision Unit 2 as shown on the plat recorded in plat book 69, Page 43 of the public records of Broward County, Florida, of lands otherwise described as being on Commercial Boulevard, between Northwest 92nd Avenue and Northwest 94th Avenue, Petition #11-Z-90, providing for an amendment of the official zoning map to reflect such change; providing for severability; and providing for an effective date." * V/M Hoffman MOVED to APPROVE Temp. Ord. #1514 as amended, * SECONDED by C/M Schumann. VOTE: C/M Rohr - AYE C/M Schwmann - AYE C/M Bender _ AYE V/M Hoffman said he is running for re-election and that one of the people involved in this was kind enough to make a campaign contribution to him. He asked City Attorney Ruf if this would interfere with his ability to vote. He asked if he should abstain from this matter. City Attorney Ruf said he should vote on the matter and should not abstain. V/M Hoffman - AYE Mayor Abramowitz - AYE City Attorney Ruf read Temp. Reso. #5945 by title. * 7. C. C/M Bender MOVED to APPROVE Temp. Reso. #5945, * SECONDED by C/M Schumann. TAPE 2 Ms. Carpenter said amending the previous action by Council, the applicant would be requesting that the voluntary deed restrictions, limiting the B-3 to building envelope standards in B-2 and to exclude the 50 uses on the list only to Lots 8 and 9 in Block 10, Lyons Commercial Subdivision Unit 2. Mayor Abramowitz asked if Temp. Reso. 45945 travels with the land and Ms. Carpenter agreed. VOTE: ALL VOTED AYE 8. Z=LSZ._=ARXXr_ _ _XQZZM TO ADOpT,,,T=.. Sirsl_ 01.51.9 on first reading providing for adoption of the Comprehensive Plan for the City of Tamarac. FINAL &EXIDEL Public Hearing was held. APPROVED on first reading. Second and final reading will be held on Wednesday, December 19, 1990 at 10:00 A.M. City Attorney Ruf read Temp. Ord. #1519 by title. * C/M Rohr MOVED to APPROVE Temp. Ord. #1519, SECONDED by * V/M Hoffman. Ms. Carpenter said this is the first reading on the Ordinance which adopts Tamarac's Comprehensive Plan. She said when she came to Tamarac in 1989, the City had already submitted its Comprehensive Plan to the State of Florida for review. She said in the fall of 1988, the City had submitted its Inclusion Plan to Broward County, which was an indication to Broward County of any Land Use Plan amendments that the City may want included in the County's map changes, which were to occur the following spring. Page 7 12/05/90 City Council Regular Meeting 12/05/90/KJ Page 8 Ms. Carpenter said in December, 1988, the City did transmit it's proposed Comprehensive Plan including a Land Use element to the Florida Department of Community Affairs for review and comment. She said Chapter 163 of the Florida Statutes requires each local government to adopt a Comprehensive Plan and that is why it was sent to the Florida Department of Community Affairs. Ms. Carpenter said in March, 1989, the Florida Department of Community Affairs sent it's official. comment, Order of Review and Comment (ORC). She said in the spring of 1989, Staff prepared its responses to the State's ORC and prepared the Plan for adoption in May, 1989. She said it was discovered that the original transmittal hearing, which was held in December, 1988, was incorrectly advertised, thus requiring a retransmittal of the Plan to the State. Ms. Carpenter said the City Attorney, at the time, and the Florida Department of Community Affairs agreed with the assessment of the problem. She said the amendments to the Plan were prepared and during that preparation, the City incorporated the responses to the Florida Department of Community Affairs ORC. She said the Plan was again transmitted to the State in January, 1990, after hearings by the Planning Commission and Council. Ms. Carpenter said the State, after reviewing that document, required further amendments to the Plan, primarily having to do with changes to the Capital Improvement element and the Drainage section of the Plan. She said these amendments necessitated a Stipulated Settlement Agreement, which many of the cities in West Broward County, also have done. She said that Stipulated Settlement Agreement was approved by Council in June, 1990, which included a document called "Exhibit B". Ms. Carpenter said that "Exhibit B" became the set of amendments which were approved by Council and transmitted back to the State in July, 1990. She said in November, 1990, the City received Florida Department of Community Affairs, other State and Regional Agency approval of the Comprehensive Plan. Ms. Carpenter said at present this is the first reading on the Ordinance for adoption of the Comprehensive Plan dated January, 1990, incorporating the amendments labeled "Exhibit B", which are included in the Stipulated Settlement Agreement and which have already been approved by Council. She said the second readinng of this Ordinance is scheduled for December 19, 1990. Ms. Carpenter expressed her appreciation to the Department of Community Affairs, City Attorney Ruf, Engineering/Utili.tiea Department for preparing the sanitary/sewer drainage input of the water element and for preparing its responses to DCA and for assistance in preparing the mapping. She expressed her appreciation to all of the other City Departments for assisting in preparing the Capital Improvements element, especially the City Clerk's office, the Planning Commission for its diligence in workshops and b!arings, the City Manager's office for its patience and support, the Staff of the Community Development Department, especially JoAnne Zambuto, for coordinating the production of the document for Abbe Hoctor for preparation of the Land Use Plan Map and to Mike Vonder Muelen, the newest City Planner, who has worked many hours in the past week for checking the Land Use Plan Maps. Ms. Carpenter said she has one disappointment, which, as a Planner, is a big disappointment, which is a lack of public participation. She said there have been no written requests for information on the adoption of the Plan, except from Florida Power and Light Company, which was the only active participant in the process from a written standpoint. She said there has been no more than 5 or 6 citizens at any one of the Public Hearings. She said this is a very important document for the City, which calls for ,all public facilities and services to be in place at the time 1 1 Ll Page 8 12/05/90 City Council Regular Meeting 12/05/90/KJ Page 9 of development. She said this document leads the City to the Concurrency Management Ordinance, which Council adopted in January, 1990, and will lead the City to annual amendments to the City's Capital Improvements Plan. Ms. Carpenter said for the first time in the history of the State of Florida, Capital Improvement elements have to be real, living documents committed to with dollars and cents and adhered to. She said the ability to approve plats and site plans is tied to the City's ability to follow through on its Capital Improvements Planning program. She said there are five scribners errors on the Plan, which are as follows: a) Mainlands, at the southeast corner by the Turnpike, there is a lake with a golf course, which should show a change from recreation to commercial recreation consistent with the County Plan. b) The Pines at woodmont 31 the court order allowed to develop at more than 5 units per acre and this parcel should be recognized as going from low density to low -medium density consistent with the County Land Use Plan. c) Paradise Development, on the west side of Pine Island Road at Paradise Drive, has developed a 3.8 units per acre and should be changed from low -medium to low density to affect what is actually developed on the site. d) Colony Cove, on the east side of Pine Island Road, south of the Country Club, developed at 8`unies per acre, should be changed from medium to low -medium consistent with the County Land Use Plan. e) Lennar's Rockford Plat, in Tract 35 North and South, at Northwest 77th Street, east of Nob HillRoad, the court order allowed to develop it more than 10 units per acre and these should be changed from low -medium to medium consistent with the Broward County Land Use Plan. Ms. Carpenter said a scribners error is a mapping error, which happened with an adopted Plan dated 1982, amended in Land Section 7 in 1986. She said the City has an Inclusion Plan submitted to the County in the fall of 1988, a Land Use Plan submitted to DCA in the fall of 1988 and'the documents that Council reviewed in January, 1990. She said these are compared to the court orders and all of the zoning which is in place and Staff found some errors which Staff would like to correct. Mayor Abramowitz expressed his and Council's appreciation for an extremely difficult job. He asked, upon passage by Council on both readings, if this Comprehensive Plan would be in effect. Ms. Carpenter said after Council approves both readings, the City will need to submit the Plan because the City is in a charter county, Broward County, to the Broward County Planning Council for certification. She said it is expected to be able to do that in January, 1991, and then they would certify the Plan in February, 1991. She said certification means that Broward County retains unto itself the ability to say, yes, this document and the Land Use Policies associated with it conform to the County Land Use Plan, which is provided for in the County Charter. She said if the Plan does not get accepted, Broward County will probably certify it conditionally and return it to the City with amendments that they want made. Ms. Carpenter said until the precise moment of their certification, the County Plan for Land Use issues is the official Plan of the City of Tamarac for land use, but for all of the other elements, the City is not under the County jurisdiction and the Florida Department of Community Affairs approval is sufficient. Page 9 12/05/90 City Council Regular Meeting 12/05/90/KJ Page 10 Mayor Abramowitz asked if the State has approved this and M8. Carpenter said yes. C/M Rohr said in response to her feeling badly about the attendance, he feels it is a sign that the residents have confidence in the ability of Staff and Council to do the job, Terry Hobmeier, resident, asked if there has been a traffic study done to handle all of these properties that will be incorporated in the City based on the Land Use Plana Ms. Carpenter said the research that has been done on this Plan dates back to the Spring, 1987, and the City and its consultants, Engineering and Planning Departments, all are required under the State Law to go through a series of studies that the transportation system can support the Land Uses. She said one of the reasons for the difficulty and the time that it takes to get it approved with the State is the ability of the City to prove that the public facilities will be in place at the time a de sl:,r:rent needs it. She said the answer to the question is yes, and in addition, the Capital Improvement element provides for the transportation and other public facilities and services which are required to meet the development as shown on the Plan, but not yet in place. Mayor Abramowitz said before anyone can build in the City, it is required by the County Commission, that they have to submit trip tickets. Ms. Carpenter said the developer needs to be platted with trips on the County system... VOTE: ALL VOTED AYE END 03r PUBLIr,_ $XARXNr3!; j i I City Count*l 9. MOT�TON JTO_ 1MOPT Tam, OrA_ #1520 on first reading amending Section 2-26 of the Code to increase candidates' filing.fees for mayor and Council Members to four percent (4%) of the yearly salary and to increase the filing fees for other elected City officials to $40.00. Public Hearing was held. APPROVED on first reading. Second and final reading will be held on Wednesday, December 19, 1990 at 10:00 A.M. City Attorney Ruf read Tome. Ord. #1520 by title. * V/M Hoffman MOVED to APPROVE Temp. Ord. #1520, SECONDEID_by * C/M Bender. City Manager Kelly said the City has reviewed all of the filing fees of the other cities in Broward County and determined there are some desparities. He said the recommendations were reviewed by the Council at a workshop meeting and they decided to move forward with this proposed Ordinance. He said the intent is to move the rates,.which are currently $10.00 to $40.00 for the Charter Board and the Mayor and Council to 4% of the yearly salary. V/M Hoffman said it is actually 5% because the State charges It. He said at present the filing fee for Council will be $190.Oa and for Mayor, $240.00 and City Manager Kelly agreed. C/M Schumann said he does not agree with that figure. He said the rationale behind this figure was to deter frivolous candidate3. Page 10 12/05/90 City Council Regular Meeting 12/05/90/KJ Page 11 + He said $144.00 plus the State's fee of It, equalling $180.00 might be a little excessive. He said a flat fee of $100.00 is enough to dissuade a frivolous candidate the same way. Be said he is not in favor of the $180.00 because the State can raise their fees to any figure at any time. C/M Rohr said he agrees with C/M Schumann and jumping from a $10.00 fee to 4180.00 is too high. Be said he would second the idea of limiting it to $100.00 for Council and the filing for Mayor should be reduced. C/M Bender said the money justifies the -expenses in handling the candidates. He said the money is to offset the clerical work involved in handling the reports that the City Clerk's office does. He said it is justifiable that the increase be given. V/M Hoffman said he does not consider this to stop frivolous filing. He said he feels the amount is reasonable and justified. He said if the State raises its filing fees, the .City can .lower its filing fees at a later date. He said at present, it is a total of 5% for the salaried officials and $40.00 for the non - salary officials. Mayor Abramowitz said he feels there is a tremendous amount of work involved in the City Clerk's office. He said filing reports costs money. He said Council has reviewed the filing fees of the surrounding cities, of which some charge $580.00 and others that charge $25.00. He said these funds are allowed to come from the Campaign Funds, which would not come out-of-pocket. He said if he felt that this amount of money would deter a serious candidate, he would not be in favor of it. He said he does not feel this is an excessive amount VOTE: to charge. C/M Rohr - NAY C/M Schumann - NAY V/M Roffman - AY$ C/M Sender - AYS Mayor Abramowitz - AYE 10. 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. Terry Hobmeier, resident, expressed her appreciation with the cruising BSO cars in her neighborhood during the day, but would like to see more patrolling at night. She asked if it could be put in the Tam -A -Gram that many private homes should use a security sensor light to deter prowlers and burglars. Ms. Hobmeier expressed her appreciation to the BSO for notifying the owners of the property of Northwest 108 Terrace on the south side of McNab Road for their fence being down which was fixed immediately after the notice. Ms. Hobmeier asked when the City will get a traffic light at Northwest 108th Terrace between McNab Road and 71st Place and the speed limit sign on Northwest 108th Terrace. Ms. Hobmeier said there is a barbed-wire fence on the corner of Northwest 108th Terrace at McNab Road that has been knocked down. She expressed her appreciation regarding the stopping of dumping on Northwest McNab Road at the dead end near the Sawgrass Expressway. She said Public Works has been there to clean it up, but it does need more work. She suggested more "No Dumping" signs be posted at that location. Page 11 12/05/90 City Council Regular Meeting 12/05/90/KJ Page 12 Bob Thomas, resident, expressed his concern regarding a serious problem with the drainage on 71st Place. He Laid there are nb gutters., He said at Christmas time last year, sewage was on the street when the pump was not operating due to the power shortage. Mayor Abramowitz said this is the only street in the community that does not have the ditch. He said the Public Works Department has been there to try to alleviate this problem. He said the Engineering Department has done comprehensive studies and reports that it requires 1 million dollars to make this street the sane as the others in the community. He requested that Engineering try to come up with a solution to correct.this problem. Mr. Thomas said the road is asphalt. He asked if a 2 foot piece could be cut out to correct this. He said he will call the Health Department regarding this problem due to the water coming from the sewage and the standing water causing mosquitos. He said he will contact various Engineering companies to get quotes on this. V/M Hoffman said if he can get some ideas from other engineers to please let Council know. AXPORTA 11. City Council C/M Schumann said he is pleased with the new logo. C/M Rohr said the City is arranging for the disposal of Chr-stmas trees and will inform the public through the various newspapers where they will be able to dispose of them. C/M Rohr said there will be a change in telephone directories in March. He said there are many thousands of tons of books that will be recycled. He said the public will be notified of the disposal locations for these telephone directories. i C/M Bender - No Report. V/M Hoffman commended the Consumer Affairs Board on a job well done. He said they do have a problem of being short-handed. He said they require a trained volunteer on duty at all times wbere the public can contact them. He said at present, they have 7� members available and many times, they are sick. He said they find they cannot properly man the Consumer office and give the public the service they would like to. He recommended that Council increase the number of members of the Consumer Affairs Board from 7 to 9 with a possibility of Council adding an additional 2 more, if necessary. He said he would like an indication of support from Council, so City Attorney Ruf can create the proper documentation. Mayor Abramowitz said this is by Resolution. ZXPRZssxoN or INTZRBST: C/N sehv"ann - ACRZZD C/M Rohr asked if the. Chairman of the Consumer Affairs Board has people available that are willing to serve. He said if there are. people that are willing to serve, he is not opposed to it. He said the additional 2 should be placed as alternates and move up when vacancies occur. C/M Rohr - 2 + 2 alta=ates C/M Rondor - AGRXXD Mayor Abramowitz - AGRZZD Mayor Abramowitz said he has had many favorable reports xegarding the Consumer Affairs Board. He said they recently put a swindler in Tamarac out of business. Page 12 12/05/90 1 r. City Council Regular Meeting 12/05/90/KJ Page 13 City Attorney Rut said this will require an Ordinance. Mayor Abramowitz said the Fair Housing Act has raised controversy throughout all cities. He said no one seems to know what this Fair Housing Act means. He said they are -asking to comply to rules and regulations by the Federal Government and Broward County and no one understands what is being asked. He said Tamarac Lakes had a hearing before the Broward County Board two weeks ago. He said Michael Brudny, an attorney from Tampa Bay, Florida, was recommended to him as the foremost authority on this subject. He said Mr. Brudny agreed to appear in Tamarac on January 8, 1991 at 9:30 A.M. in the Council Chambers. TAPS $ Mayor Abramowitz said the the meeting will be regarding information on the Fair Housing Act. He said Tamarac is being inundated with young people. He said people are saying that the Federal Government is asking to comply with the Law and they are asking him what the Law is. Mayor Abramowitz asked the public to attend the meeting of January Be 1991 at 9:30 A.M. C/M Bender said the next regular Council meeting is scheduled for Wednesday, December 19, 1990 at 9:00 A.M., which is a change in the schedule. C/M Rohr said he would like the meeting regarding the Fair Housing Act be advertised to the public. Mayor Abramowitz said he has made the announcement before the President's Council, the Democratic Club and any other speaking engagements that he is scheduled to give prior to that meeting, he will make the announcement. He said he.will make the announcement at the Broward League of Cities and the Northwest Council of Mayors. 12. City Manager City Manager Kelly said he met with the other City Managers regarding the recycling issue and the proposed agreement. He said no formal action was taken. He said Mayor Lieberman was unable to attend; therefore, all action was deferred. He said he discussed a number of concerns expressed by the Tamarac City Council which were shared by other members of the group. He said Eric Soroka, Recy;ling Task Force Chairman, expressed his willingness to appear beforse..the City Council in a workshop for discussion. He req"ed this be scheduled as soon as possible. Mayo: rj�ramowitz expressed his appreciation regarding this. City Manager Kelly said the Health Department has lifted the ban on the encephalitis mosquito scare. He said the Recreation Department will resume evening activities within the week. City Manager Kelly said regarding the Accelorator, which is part of the Utilities Plant Program, there are remaining monies in the Bond Residual Fund and in the Development Impact Fee Funds to address that problem. He said he had delayed authorization to bid due to the substantial amount of money involved, a little over two million dollars. He said it is an 8 million gallon daily accelorator which will provide for an increase in the plant capacity for build out. He said this had been approved by Referendum by a vote of approximately 10,000 to 4,000. City Manager Kelly said the main concern of Council was if it is needed. He said Bob Foy, Director of Engineering/Utilities, provided a comprehensive report providing the history and the need for the project. He said Mary Blasi, Finance Director, compiled a financial analysis to determine if the funding was available. He Page 13 12/05/90 City Council Regular Meeting 12/05/90/KJ Page 14 said the report is that there is enough money to cover this without touching the Revenue Account monies -to do it. He said there will be sufficient monies next year, to address the recurring costs that are normally incurred, such as Debt Service and others. City Manager Kelly said if there are no objections from Council, he will authorize going to bid followed by Council's approval. C/M Rohr said there will be a small balance on the CIAC funds. He asked what happens if there is an emergency and money is needed. City Manager Kelly said the City has sufficient monies set aside to cover a sinking fund for the projects. V/M Hoffman asked if this will influence the City's tax rate, City Manager Kelly said it will not affect it. Mayor Abramowitz said the City has a magnificent Utility Department. He said he does not want the reputation of having the most expensive Utility Department. He asked if this accelorator is needed to do the job, without being in over -capacity. City Manager Kelly said this is to build out. He said there is 35 million dollars invested in the intrastructure in the Utilities Department. He said there are 265 miles of underground pipe in the City and there are 64 or 65 lift stations in the City. He said many of those pipes were put in improperly by developers years ago. He said breakage is constantly being repaired die to the pipe being installed in some areas too close to the surEace. He said this is for the authorization of sufficient capacity backup to accommodate the growth estimated within the next L5 years. He said it is heeded and, with the combined monies .From the Residual Fund, the accrued interest and the CIAO funds,;the monies are available to back it. Mayor Abramowitz said this will have to be brought back to Co'ancil after the bids are received for final approval and City Manager Kelly agreed. C/M Rohr said this is not only to increase the capacity but also to do maintenance work for the present system and City Manager Kelly agreed. With no further business, Mayor Abramowitz ADJOURNED thi-e"*:ting at '$ : 45 P.M. NORMAN ABRAbi6N Z _ n MAYO"or 1CAROL A. EVANSCITY CLERK"This ublic document was romul ated at a co o�P P g st $1 9.93 $4,O�D pe - copy to inform the general public, public officers and employees of recent opinions and considerations of the City Council of the City o Tamarac." CITY OF TAMARAC APPROVED ®ATT MEETING OF / 9 City aerk LI 1 I Page 14 12/05/90 MEMORANDUM TRMRRRC COMMUNITY DEUELOPMENT DEPARTMENT TO: John Kelly, City Manager TNRU: Kelly Carpenter, Director of Community Deuelopm n FROM: Mike Uonder Meulen, Senior PlannerAM DATE: Nouember 28, 1990 BE: Special Exception Rppllcation; Case No. 36-z-90 COPIES: MF #: 1-87 Findings of Fact: 1. This is an application for two (2) additional restaurants proposed to be located at the Northeast corner of Westwood Blvd. and Nob Hill Road, in Point Plaza. Another restaurant was approved by this commission at its previous meeting. f 2. The shopping center is platted, designated commercial on the Land Use Plan, and zoned B-2. 3. The Code of Ordinances specifies the following criteria: a. The restaurant bay(s) must be at least 100 feet from the nearest residential property line. . b. The means and method of six day a week waste collection must be submitted. The dumpster must be located appropriately on the site plan. Applicant must demonstrate that the dumpster is of sufficient size to accommodate the waste of itself and other bays assigned to it. c. A plan for control, reduction or elimination of offensive odors must be submitted. d. The City Council may set such conditions necessary to *4w* health, safety and welfare for the residents of Tamarac. 4. Both bays are at least 100 feet from the residential property; applicant has submitted an odor control plan; And he has submit) waste contract. 5. Applicant must supply parking calculations for the props restaurants to insure adequate parking on the site plan. Review this department indicates that there is adequate parking - for proposed restaurants. 6. Review at the time of platting indicated 50,000 square feet commercial use could be unrestricted. Thus allowing these .two additional restaurants. 7. The Planning Council will consider this item on December 5th. Recommendations: This special exception for the restaurants may be approved to the following criteria: a. submittal of documentation that the dumpster(s). properly sized. This submittal may be made at the time of built permit application. �. submittal of documentation concerning the required park any additional health, safety and welfare require determined by the City Council. I� 1 Ll 1 C I T Y O F T A M A R A C 0 INTEROFFICE MEMORANDUM , `� f"016P 9009-901 d TO: Mayor and Council FROM: Kelly Carpenter, AICP, Director Community Development SUBJECT: Staff Comments on KRAMER do CANTOR Rezoning Petition 411-Z-90 DATE: September 6, 1990 ------------------------------------------------------------ Findings of Fact: I. The lands are zoned 8-;2, Community Business and 8-6 Business District and the request to rezone to 8-3 General Susiness, Is to allow conformance with the Land Use Plan. Z. The site, which Is located on Commercial Blvd between 92 Avenue and 94 Avenue, consists of 2.0 acres. 3. The surrounding Land Uses and Zonings are: Direction Land Use Zonln2 North Commercial 8-2, Community Business B-6, Business District South Commercial B-3, Sunrise East Commercial B-2, Community Business West Commercial 8-3. General Business 4. The B-3 to the west Is a 4 acre site which Is precluded from having a gas station. b. There Is office zoning to the north and a religious facility to the north. e. Uses allowed only -in 8-3 or without Special Exception.. - wholesale carpet sales - *ax l derm i st - warehouses wholesale of air. conditioning equipment - Indoor & outdoor amusement Centers - airplane - ground school - vehicular and boat maintenance - animal clinics, pet hospit - archery range - auto storage, sales, dlspl ale ay furniture stores, wholesale gasoline stations auto wash racks pun club motorcycle sales landscape nursery mattress renovating Photo developing & printing Plumbing wholesale do repair shop- vocational/trade school sign painting, car lettering J OFFICE MEMDRANDUM: 0O09-901 ff Comments on KRAMER b CANTOR Rezoning Petition ail-Z-90 eptember 8, 1990. "age 2 wholesale auto tires sprinkler system shop bait fish tire batteries & accessor l ea blacksmith shops retail Installation boat sales in open woodworking machinery sales community garage wholesale wearing apparel dealer/ secondhand merchandise towel & uniform supply Farmers market trailer sales Festival Equipment & Supplies truck rental Frozen food lockers wholesale merchandise If there Is an appropriate location for 8-3 uses it amarac,larterlal streets would be one type of location tc onslder. But, the break point for the B-3 uses should be at 4th Avenue to the West. West of. Nob Hill, there Is ar nterchange of Commercial Blvd. and the Sawgrass Expressway. here two factors support the potential for limited 0-3 uses est of 04th Avenue. There should be no B-3 uses along o mterclal east of 94th Avenue. Comparison of Building Envelope Regulations for Busines Istr Ictsl. 1n Size ax Bldg Ht. Rx F l oor', Area otbacks from ilacent dies. * * * sa S tla f f B-1 1/2Acre 35 Feet* 35% of lot '50 Feet 0-2 8-3 B-6 1Acre 1Acre 1/2Acre 40 Ft* 80 Ft 40 * 30% of lot 40% of lot 40% of li 50 Feet 50 Feet up to 40! No outside Allows Allows 25 Feet, storage outside outside parking storage storage allowed Increase up to 10 feet for roof apertenances. 50 feet with special exception one story 40%, two stories 35%, three stories 30% Planning Commission recommended denial. mendit 1 on : recommendation Is denial based on findings of fact. )t r* 1 1