HomeMy WebLinkAbout1990-12-05 - City Commission Regular Meeting MinutesCity Council Regular Meeting
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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.
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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
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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.
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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 $3,000.00. He said he asked Mr.
Mack if this was a personality or business decision and Mr. Mack
assured him that it is a business decision. He said it is the
Council's obligation to go with the best possible service as well
as the best price and the ability of the company to work with
Staff.
VOTE: ALL VOTED AYE
Mayor Abramowitz RECESSED and RECONVENED this meeting at
7:30 P.M. with all present.
PIMLTC HZARTN(i3 - 7 ! 30 , P . M
Communit,y movelopment,
5. PU4119 49A]UNQ JVOTTON TO ADOPT TenW _ Re�q_ 05944
concerning a request by MARKZTPLACE AT TAMARAC for a
limited parking waiver to allow the total amount of parking to
permanently be 269 regardless of use and/or occupancy within the
approved shopping center of 78,225 square feet. Petition #35-Z--90
ANAL _AC'TTPN;
TABLED at the request of the applicant until Wednesday, Janaffiry 9,
1991, at 7:30 P.M.
City Attorney Ruf read Temp. Reso. #5942 by title.
* C/M Bender MOVED to APPROVE Temp. Reso. #5942, SECONDED by
* V/M Hoffman.
Kelly Carpenter, Director of Community Development, said the
applicant with Petition #35-Z-90, has requested by letter to be
deferred until the first Council meeting of 1991, which would be
January 9, 19910 at 7:30 P.M. She said Staff does not object to
that request.
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* C/M Rohr -MOVED to SABLE Tamp. Roan. #5942, SZCONDED by
* C/M Bender.
VOTX:
]lLL NOTED AYE
6.
concerning a request by PSSB RNTERPRISES for special exception
to permit two (2) restaurants in Bays 7, 15 and 16 of POINT PLAZA
at Nob Hill Road and Westwood Drive, which is zoned B-1
(Neighborhood Business). Petition #36-Z-90.
FINAL ACTIONS lt$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.
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;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
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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.
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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
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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.
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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
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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.
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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.
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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.
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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
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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
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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.
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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.
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