HomeMy WebLinkAbout1989-01-25 - City Commission Regular Meeting Minutes7525 NW esth AVl7=
WWAMC, rLORIDA 33320-2402
RECORD OF COUNCIL ACTIONS/DISCUSSION
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CITY OF TAMARAC
CITY COUNCIL
REGULAR COUNCIL MEETING
WEDNESDAY, JANUARY 25, 1989
CALL TO ORDER: 9:00 A.M.
ANNOUNCEMENT OF TIME ALLOCATIONS - MOTIONS TO TABLE - The
Chair at this time will announce those items which have
been given a specific time to be heard, and will entertain
motions from Council members to table those items which
require research. Council may agendize by majority consent
matters of an urgent nature which have come to Council's
attention after publication.
INTRODUCTION
1. PRESENTATION by City Manager Kelly of fifteen -year
service awards to MICHAEL CONSIDINE and JIMMIE DYE, a
ten-year service award to JACKIE RACHEL, a five-year
service award to ED LACEY, Police Department; and a
five --year service award to JANICE ATWOOD, Utilities
West.
FINAL ACTION:
PRESENTATIONS were made.
CONSENT AGENDA
2. Items listed under Consent Agenda, Item 2, are viewed
to be routine and the recommendation will be enacted by
one motion in the form listed below. If discussion is
desired, then the item(s) will be removed from the
Consent Agenda and will be considered separately.
Building Department
a. MOTION TO ADOPT Temp. Reso. #5296 releasing a bond
in the amount of $1,065.00 poste2l for
beautification at AUTO CARE CENTER, 2530 W.
Commercial Boulevard, Permit #87-1742 (881812).
FINAL ACTION:
APPROVED.
RESOLUTION NO. R-89-17 PASSED.
City Clerk
b. MOTION TO APPROVE the minutes of the following
City Council meetings:
1. 12/28/88 -- Regular Meeting
2. 01/05/89 - Special Meeting
FINAL ACTION:
APPROVED.
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01/25/89
2. c. MOTION TO APPROVE renewal of a model sales permit
for QUAIL OAKS APARTMENTS (TREEHOUSE)for a six
month period from 1/27/89 to 7/27/89.
FINAL ACTION:
APPROVED.
d. MOTION TO,APPROVE renewal of a model sales permit
and waiver of the 300-foot distance requirement
for issuance of certificates of occupancy for ON
THE GREENS - JASMINE for a six-month period from
2/12/89 to 8/12/89.
FINAL ACTION:
APPROVED.
Public Works Department
e. MOTION TO APPROVE payment of the proceeds
generatea by the 1988 Turkey Trot in the amount of
$696.11 to the BIG BROTHERS/SISTERS organization.
FINAL ACTION:
APPROVED.
Utilities/Engineering
f. MOTION TO ADOPT Temp. Reso. #5279 releasing
warranty Letter of Credit #370238 in the amount of
$38,812.50 posted for LAKES OF CARRIAGE HILLS lake
excavation, phases I, II and III (tabled on
1/11/89).
FINAL ACTION:
APPROVED.
RESOLUTION NO. R-89-18 PASSED.
g. MOTION TO ADOPT Temp. Reso. #5268 releasing
performance bond 735G178-A in the amount of
$399,942.43 posted for public improvements at
HIDDEN HARBOUR subject to receipt of a one-year
warranty bond in the amount of $99,985.00 (tabled
on 12/28/88).
FINAL ACTION:
APPROVED.
RESOLUTION NO. R--89-19 PASSED.
h. MOTION TO ADOPT Temp. Reso. #5297 releasing
warranty bond #WO0363 in the amount of $91,182.90
posted for public improvements at TAMARAC SQUARE
WEST.
FINAL ACTION:
REMOVED for discussion.
TABLED.
OPEN PUBLIC FORUM
3. OPEN PUBLIC FO^U"11 - 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.
FINAL ACTION:
Open Public Forum was held.
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01/25/89
REPORTS
4. City Council
5. City Manager
6. City Attorney
CONSIDERATIONS
General Administrative
7. MOTION TO APPROVE the City Manager's appointment of
Kelly Carpenter -Craft as Director of Community
Development.
FINAL ACTION:
APPROVED.
Utilities/Engineering
8. MOTION TO APPROVE the purchase of a Toshiba "Page Laser
12" printer under State contract in lieu of bidding in
the amount of $2,485.00.
FINAL ACTION:
APPROVED.
9. MOTION TO APPROVE the transfer of approximately
75,000.00 from the Municipal Complex/City Hall Account
to the Municipal Complex/Police Facility Account for
furnishings, refurbishing of existing furniture and
relocation of existing telephone system by ROLM to the
new Police facility.
FINAL ACTION:
APPROVED.
RESOLUTIONS
Community Development
10. MOTION TO ADOPT Temp. Reso. #5299 rescinding approval
of a site plan for WELLENS FURNITURE COMPANY and
refunding trafficway improvement fees in the amount of
$13,144.90.
FINAL ACTION:
APPROVED.
RESOLUTION NO. R-89-20 PASSED.
11. MOTION TO ADOPT Temp. Reso. #5300 authorizing the
appropriate City officials to execute an agreement with
Banyan Lakes Homeowners Association, Inc., relating to
the enforcement of traffic control by the City within
the BANYAN LAKES development.
FINAL ACTION:
APPROVED.
RESOLUTION NO. R--89--21 PASSED.
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01/25/89
12. a. MOTION TO ADOPT_Temp. Reso. #5301 amending the
conditions under which a special exception to
permit the operation of a dry cleaning business at
5308 NW 22 Avenue was granted by the City Council
on 1/11/89 to GOLD COAST FORMALWEAR (Petition
#29-Z-88).
b. MOTION TO ADOPT Temp. Reso. #5295 approving a
revised site plan for GOLD COAST FORMALWEAR
reflecting addition of a dry cleaning facility at
5308 NW 22 Avenue.
FINAL ACTION:
TABLED 12.a., Resolution No. R--89-15 approved on
January 11, 1989 was reconsidered and then TABLED.
TABLED 12.b.
Public Works Department
13. MOTION TO ADOPT _Temp. Reso. #5291 awarding Bid #88-46
in the amount of $4,250.00 to Atlas Roofing Company,
Inc., for roof replacement on three C-14 canal pump
stations (tabled on 1/11/89).
FINAL ACTION: RESOLUTION NO. R-89-22 PASSED.
APPROVED.
Utilities/Engineering
14. a. MOTION TO APPROVE a Water and Scwcr Developers
Agreement for the WOODLAND COVE development.
b. MOTION TO ADOPT Temp. Reso. #5302 accepting a
Blanket Public Safety Ingress/Egress Easement for
the WOODLAND COVE development.
FINAL ACTION:
APPROVED 14a.
APPROVED 14b.
RESOLUTION NO. R-89-23 PASSED.
PUBLIC HEARING - 10:00 A.M.
Community Development
15. PUBLIC HEARING - MOTION TO ADOPT Temp. Reso. #5294
concerning a request by AMOCO OIL COMPANY for special
exception to permit a car wash in an existing bay at
the service station located at 8291 N. University
Drive, which is zoned B-2 (Planned Business). Petition
#33-Z-88
FINAL ACTION: RESOLUTION NO. R--89-24 PASSED.
APPROVED. Public hearing was held.
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ORDINANCES
PUBLIC HEARING - 10:00 A.M.
City Attorney
16. PUBLIC HEARING -- MOTION TO ADOPT Temp. Ord. #1418 on
second reading to reduce the municipal excise tax
charged to casualty insurance premiums from 1% to .85%
in accordance with amended Chapter 185 Florida
Statutes.
FINAL ACTION: ORDINANCE NO. 0-89-1 PASSED.
APPROVED on second reading. Public hearing was held.
17. PUBLIC HEARING - MOTION TO ADOPT Temp. Ord. #1419 on
second reading to reduce the municipal excise tax
charged to property insurance premiums from 2% to 1.85%
in accordance with amended Chapter 175 Florida
Statutes.
FINAL ACTION: ORDINANCE NO. 0-89-2 PASSED.
APPROVED on second reading. Public hearing was held.
Community Devclopment
18. a. MOTION TO ACCEPT Affidavits of Publication,
Mailing and Posting for Temp. Ord. #1424.
Petition #31-Z-88
b. PUBLIC HEARING - MOTION TO ADOPT Temp. Ord. #1424
on first reading pertaining to a request by
WESTLAKE VILLAS, INC., to rezone lands on the
south side of NW 77 Street at the northwest corner
of SPRINGLAKE II from R-3 (Low Density Multiple
Dwelling) to S-1 (Open Space/Recreation).
Petition #31-Z-88
FINAL ACTION:
ACCEPTED Affidavits.
APPROVED on first reading. Public hearing was held.
The second reading and public hearing will be held
during a Regular City Council meeting on February 8,
1989 at 7:30 P.M.
19. a. MOTION TO ACCEPT Affidavits of Publication,
Mailing and Posting for Temp. Ord. #1425.
Petition #32-Z-88 Temp_,_.
b. PUBLIC HEARING - MOTION TO ADOPT Temp. Ord. #1425
on first reading pertaining to a request by
WESTLAKE VILLAS, INC., to rezone lands at the
southeast corner of SPRING LAKE II -PHASE II,
north of the existing SPRING LAKE II clubhouse
area, from S-1 (Open Space/Recreation) to R-3 (Low
Density Multiple Dwelling). Petition #32-Z--88
FINAL ACTION:
ACCEPTED Affidavits.
APPROVED on first reading. Public hearing was held.
The second reading and public hearing will be held
during a Regular City Council meeting on February 8,
1989 at 7:30 P.M.
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01125 /89
20. a. MOTION TO ACCEPT Affidavits of Publication,
Mailing and Posting for Temp Ord, #1423.
Petition #34-Z-88 -
b. PUBLIC HEARING - MOTION TO ADOPT Temp. Ord. #1423
on first reacTIng pertaining to a request by
KESSLER GROUP, INC., to rezone lands at the
northeast corner of Commercial Boulevard and NW 70
Avenue from B-1 (Neighborhood Business) and B-2
(Planned Business) to B-2 (Planned Business).
Petition #34-Z-88
FINAL ACTION:
ACCEPTED Affidavits.
APPROVED on first reading. Public hearing was held.
Second reading and public hearing will be held during a
Regular City Council meeting on February 8, 1989 at
7:30 P.M.
21. a. MOTION TO ACCEPT Affidavits of Publication and
Posting for Temp. Ord. #1421 . Petition #30-Z-88
b. PUBLIC HEARING - MOTION TO ADOPT _Temp. Ord_. #1421
on second reading concerning a request by KINDER
CARE LEARNING CENTER/ALLEN KRONENBERGER to rezone
lands north of the Southern Bell facility on the
east side of University Drive at NW 76 Street from
B-1 (Neighborhood Business) to B--S (Limited
Business District). Petition #30-Z-88
FINAL ACTION:
ORDINANCE NO. 0-89-3 PASSED.
ACCEPTED Affidavits.
APPROVED on second reading. Public hearing was held.
22. PUBLIC HEARING - MOTION TO ADOPT Temp. Ord. #1420 on
second reading to amend Article I of Section 28-1 of
the Code to provide for an amended definition of the
term "family".
FINAL ACTION:
TABLED.
General Administrative
23. PUBLIC HEARING -- MOTION TO ADOPT Tem . Ord. #1422 on
second reading to repeal Article IX, Sections 14-59
through 14-71.2, of the City Code entitled "Alarm
Systems" and to create a new Article IX to be entitled
"Alarm Systems".
FINAL ACTION: ORDINANCE NO. 0-89-4 PASSED.
APPROVED on second reading. Public hearing was held.
AGENDIZED BY CONSENT
24. MOTION TO DIRECT the City Manager
whether there is documentation on
Drainage Study and submit a full
Council.
FINAL ACTION:
APPROVED.
to investigate
the Storm Water
report to the City
P
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25. MOTION TO APPROVE First Annual Luncheon for committee
members and spouses at Colony West Country Club on
Valentines Day with surplus funds from the 25th
Anniversary celebration.
FINAL ACTION:
APPROVED.
26. MOTION TO APPROVE City Manager to prepare letter to
Carla Coleman of Florida Atlantic University in
Tallahassee, to review City's Charter.
FINAL ACTION:
APPROVED.
City Council may consider and act upon such other business
as may come before it.
In the event this agenda must be revised, such revised
copies will be available to the public at the City Council
meeting.
Pursuant to Chapter 286.0105, Florida Statutes, if a person
decides to appeal any decision made by the City Council with
respect to any matter considered at such meeting or hearing,
he may need to ensure that a verbatim record of the
proceedings is made which record includes the testimony and
evidence upon which the appeal is based.
Carol A. Evans
City Clerk
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01/25/89
CITY OF TAMARAC
CITY COUNCIL REGULAR MEETING
WEDNESDAY, JANUARY 25, 1989
CALL TO ORDER: Mayor Abramowitz called this meeting to Order on
Wednesday, January 25, 1989 at 9:00 A.M. in the Council Chambers.
MEDITATION AND PLEDGE OF ALLEGIANCE: Mayor Abramowitz called for the
Pledge of Allegiance followed by a Moment of Silent Meditation dedicated
to Irving "Popeye" Vitrofsky who passed away.
PRRRRMT
ALSO PRESENT:
Mayor Norman Abramowitz
Vice Mayor Jack Stelzer
Councilman Dr. H. Larry Bender
Councilman Bruce Hoffman
Councilman Henry Rohr
John P. Kelly, City Manager
Richard Doody, City Attorney
Carol A. Evans, City Clerk
Pauline Walaszek, Special Services
Secretary
Mayor Abramowitz said the City was very sad by the loss
of Irving "Popeye" Vitrofsky. He said Mr. Vitrofsky was
an asset to the City and volunteered for several projects
especially at Tamarac Elementary School. He announced
that the City has declared a period of Mourning and the
Funeral would be held at 1:30 P.M. today at the Star of
David Funeral Home.
INTRODUCTION
1. PRESENTATION by City Manager Kelly of fifteen -year service
awards to MICHAEL CONSIDINE and JIMMIE DYE, a ten-year service
award to JACKIE RACHEL, a five-year service award to ED LACEY,
Police Department; and a five-year service award to JANICE
ATWOOD, Utilities West.
SYNOPSIS OF ACTION:
PRESENTATIONS were made.
Russ Rosen accepted the award for
Jimmie Dye.
Mayor Abramowitz announced that if the meeting was not
Adjourned before 1:00 P.M., he would call a recess so
that the City could attend the services for Mr.
Vitrofsky.
CONSENT AGENDA
2. h. MOTION TO ADOPT Temp Reso. #5297 releasing warranty
bond #W00363 in the amount oY$991,182.90 posted for public
improvements at TAMARAC SQUARE WEST.
SYNOPSIS OF ACTION:
REMOVED for separate discussion.
(SEE PAGES 3 and 4 for Final Action)
* V/M Stelzer MOVED to REMOVE Consent Agenda Item 2, h. for
* Separate Discussion, SECONDED by C/M Hoffman.
VOTE:
ALL VOTED AYE
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CONSENT AGENDA - ITEM 2, a. through h.
Building Department
2. a. MOTION TO ADOPT Temp. Reso. #5296 releasing a bond
in the amount of $1,065.00 posted for beautification at
AUTO CARE CENTER, 2530 W. Commercial Boulevard, Permit
#87-1742 (881812)
SYNOPSIS OF ACTION: RESOLUTION NO. R-89-17 - PASSED
APPROVED.
City Clerk
b. MOTION TO APPROVE the minutes of the following City
Council —me et g
1. 12/28/88 - Regular Meeting
2. 01/05/89 - Special Meeting
SYNOPSIS OF ACTION:
APPROVED.
c. MOTION TO APPROVE renewal of a model sales permit for
QUAIL OAKS APARTMENTS (TREEHOUSE) for a six-month period
from 1/27/89 to 7/27/89.
SYNOPSIS OF ACTION:
APPROVED.
d. MOTION TO APPROVE renewal of a model sales permit and
waiver of the 300-foot distance requirement for issuance of
certificates of occupancy for ON THE GREENS - JASMINE for a
six-month period from 2/12/89 to 8/12/89.
SYNOPSIS OF ACTION:
APPROVED.
Public Works Department
e. MOTION TO APPROVE payment of the proceeds generated
by the 3988 Turkey Trot in the amount of $696.11 to the BIG
BROTHER/SISTERS organization.
SYNOPSIS OF ACTION:
APPROVED.
Utilities/En ineerin
f. MOTION TO ADOPT Temp. Reso. #5279 releasing warranty
Letter oY Credit #370238 1.n1.n tFeamount of $38,812.50 posted
for LAKES OF CARRIAGE HILLS lake excavation, phases I, II
and III (tabled on 1/11/89).
SYNOPSIS OF ACTION:
APPROVED.
RESOLUTION NO. R-89-18 - PASSED
g. MOTION TO ADOPT T--e--m-,p- Reso. #5268 releasing performance
bond #735G178-A in amount f $399,942.43 posted for
public improvements at HIDDEN HARBOUR subject to receipt of
a one-year warranty bond in the amount of $99,985.00 (tabled
on 12/28/88).
SYNOPSIS OF ACTION:
APPROVED.
RESOLUTION NO. R-89-19 - PASSED
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1/25/89
h. MOTION TO ADOPT Temp. Reso. #5297 releasing warranty
bond #W00363 in the amount of $91,182.90 posted for public
improvements at TAMARAC SQUARE WEST.
SYNOPSIS OF ACTION:
REMOVED for separate discussion on Page 1.
(SEE PAGES 3 and 4 for Final Action)
* C/M Bender MOVED to APPROVE Consent Agenda Item 2, with the
* exception of h., SECONDED by C/M Rohr.
VOTE:
ALL VOTED AYE
2. h. MOTION TO ADOPT Temp. Reso. #5297 releasing warranty
bond #W00363 n the amount of 91,182.90 posted for public
improvements at TAMARAC SQUARE WEST.
SYNOPSIS OF ACTION:
REMOVED o�parate discussion on Page 1.
TABLED for further investigation regarding
the landscaping.
City Attorney Doody read Temp. Reso. #5297 by title.
V/M Stelzer said he asked for this Item to be Removed for
Separate Discussion because a member of the audience
wanted to comment on the Item.
Carl Alper, Resident at 8208 NW 91st Avenue, said the
City's Ordinance required 1 tree for every 10 parking
spaces; however, Tamarac Square West had 1 tree for every
15 parking spaces. He said he asked the previous City
Planner about this matter and he was informed that a
Court Order issued by Judge Weissing stated that Tamarac
Square West did not have to comply to the City's existing
Ordinances. He said he reviewed the Court Order and
found that Tamarac Square West had to comply with the
City's Parking Codes only. He said this matter pertained
to parking; therefore, Tamarac Square West should have to
comply with the Ordinance.
Bob Foy, Director of Utilities/Engineering, said Mr.
Alper's concerns did not pertain to this Item. He said
the request for this Item was to release the warranty
Bond and he recommended approval.
C/M Rohr suggested that the Community Development
Department send a letter through the City Attorney
informing Tamarac Square West that there were concerns
about a violation in the parking Code to see if the
matter could be resolved.
C/M Hoffman suggested that this Item be Tabled until it
was investigated.
City Attorney Doody suggested that the release of the
warranty bond be approved and the matter concerning the
parking Code could be handled as a separate issue.
Mayor Abramowitz said he understood that the Item
concerned the warranty bond; however, he was not
comfortable voting on an Item that needed more
investigation.
Mr. Foy said the bond expired on October 28, 1988;
however, this request was a house-cleaning matter. He
said the project has been inspected and approved by
staff.
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1/25/89
C/M Hoffman said the bond has been expired since October
28, 1988; therefore, there should not be a problem in
Tabling the Item until further investigation by the
Community Development Department regarding the
landscaping.
* C/M Hoffman MOVED to TABLE Temp. Reso. #5297, SECONDED
* by C/M Bender.
VOTE:
ALL VOTED AYE
V/M Stelzer suggested that the City Council consider
doing this on public improvement items because it may set
a bad precedent and City Attorney Doody agreed.
OPEN PUBLIC FORUM
3. OPEN PUBLIC FORUM
Irving Katz, Resident of Lakes of Carriage Hills, thanked
the City Manager for purchasing the needed manuals for
the Utilities/Engineering Department. He had concerns
with the existing residents having to comply with the new
Fire Codes and with the developers who started their
projects having to comply before the projects were done.
Mayor Abramowitz said that this matter would need to be
investigated and C/M Rohr said he would like a report as
to the developers having to comply with the State
mandates regardless of the City Codes.
Melanie Reynolds, Resident of Sands Point, asked the City
Council the following questions:
1. If there are Minutes to the Special City Council Budget
Meeting of September 6, 1988.
2. Where and when were the ERC Fees raised $1,000.00
3. If the residents could use their own insurance for Medics
Ambulance Service rather than the City paying for the use
of Medics Ambulance Insurance.
4. Why the Assistant to the City Manager position salary was
increased $10,000.00 from last year's original proposal.
5. Why the salaries of the City Manager and City Attorney were
not approved by the City Council this year.
Mary Seidel, Resident of Kings'Point, asked if the City
Council could assist in any way regarding the flight
pattern at the Executive Airport.
Mayor Abramowitz said the City was looking into this
matter and the residents would be informed of the
outcome.
Joseph Schreiber, Resident of Clairmont/Kings Point,
referring to the Cardinal Industries project, said at a
City Council meeting in June, 1986, C/M Hoffman Voted to
Approve the Cardinal Industries project. He said if the
City Council was trying to find information about the
project, they should ask C/M Hoffman.
C/M Rohr asked if there were other
with C/M Hoffman and Mr. Schreiber
Council Voted for the project.
Page 4
Councilmembers Voting
said the entire City
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1/25/89
Mr. Schreiber said the City's Charter, Section 7.03,
indicated that every Budget should have comparative
figures from the previous year. He said this information
was not available for the 1988/89 Budget and he asked
why.
Mr. Schreiber said the City's Charter, Section 7.18,
indicated that the Utility Funds were not supposed to be
co -mingled with the General Fund. He asked why there was
a transfer of funds from the Utility Fund to the General
Fund for Fiscal Year 1988/89.
REPORTS
4. City Council Reports
C/M Hoffman said he has received several inquiries regarding
people skiing in canals behind residential homes. He
asked that the City Attorney investigate to see whether
1) the City could prohibit this type of fishing, 2) the
City could require the people to have a fishing license
and 3) if parking regulations could be mandated to
prevent the people from parking in the area.
Mayor Abramowitz asked the City Council for an expression
of interest.
The City Council AGREED with the City Attorney
investigating this matter.
V/M Stelzer said a fishing license was required to those
people using a fishing rod with a reel; however, people
fishing with bamboo rods did not need a license.
C/M Hoffman said he was unaware of these regulations;
therefore, he was asking the City Attorney to investigate
the matter and report back to the City Council with his
findings.
C/M Rohr reported that the City Manager and Public Works
Director would be meeting with another company regarding
a Recycling Program. He said this matter was of great
importance and the City wanted to find the best and most
feasible program for the residents and the City.
C/M Bender reported on a letter sent to the City from
the Florida Department of Environmental Regulations. He
said the letter informed the City that Florida Power and
Light filed an application to build a levee midway
transmission line of 500,000 volts through the City and
several other Cities. He said the application indicated
the areas being considered which are the west side of
Tamarac adjacent to the Sawgrass Expressway and Florida
Power and Light wanted a large portion of Land Section 7
for a Substation. He said this would have a large impact
on the City and the tax base would be affected.
C/M Bender requested that the City Manager and City
Attorney prepare a position paper indicating that the
City be made a party in the legal proceedings of the
request and the City's position would be to utilize a
proposed secondary corridor as opposed to the primary
corridor.
C/M Bender said he received another letter from the
Department of Environmental Regulations regarding Chapter
17-24, Electric and Magnetic Fields. He said the
Department of Environmental Regulations was trying to
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1/25/89
create some type of standard. He said the letter
indicated that there was enough reason to be concerned
about health and welfare and recommended that further
continuous study be done within the State to protect the
residents.
C/M Bender said he wrote several of the State Legislators
asking them to propose the State establish a two million
dollar research fund to investigate the health effects of
electric magnetic fields in which Florida Power and Light
would donate the costs. He said there was an existing
Bill in the State of California and copies of that Bill
were sent to the State Legislators as an example.
C/M Bender said the State realizes that there was no
indication of the need for worry; however, he requested
that various Universities investigate the matter and
report to the State yearly with their findings.
V/M Stelzer said Florida Power and Light informed the
City that they were no longer interested in placing a
Substation in Land Section 7 and City Manager Kelly
agreed.
C/M Bender said the documents recently submitted to the
City indicated that Florida Power and Light had
intentions of placing their Substation in Land Section 7.
25. DISCUSSION AND POSSIBLE ACTION regarding a Storm Water Drainage
Study.
SYNOPSIS OF ACTION:
DIRECTED the City Manager to investigate
the whereabouts of the Storm Water Drainage
information and, if there were no documents, why.
V/M Stelzer said 2 years ago there was a Storm Water Drainage
program being created. He said the previous City Planner
indicated that the program was completed except for the
decision of the rates. He said he recently contacted the
Community Development Department regarding the
information and Mike Von Hofen, Assistant City Planner,
said there were no documents of this type in the office.
He asked that the City Manager investigate the
whereabouts of the information and, if there is no
information on the matter, the City Manager should
investigate why.
Mayor Abramowitz said he would like an expression of
interest from the City Council.
* V/M Stelzer MOVED to DIRECT the City Manager to investigate
* whereabouts of the information for the Storm Water Drainage
* project and, if there was no information available, why,
* SECONDED by C/M Rohr.
VOTE: ALL VOTED AYE
TAPE 2
V/M Stelzer said the City hired outside consultants to
handle matters that needed professional expertise. He
said the City called upon Consulting Attorney, Alan Ruf,
to handle the matter concerning Cardinal Industries. He
said Mr. Ruf entered into the Agreement with Cardinal
Industries providing there was a recreation facility,
swimming pool and landscaping done on the property. He
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1/25/89
said if the City Council and staff could not depend on
the consulting professionals to make the correct
decision, then the City should not hire them.
V/M Stelzer said there were two violations on the 64
Avenue project. He asked if the developer would be
notified of these violations and asked to correct them.
(SEE PAGES 15 and 16 for continuation of Reports)
RESOLUTIONS
PUBLIC HEARING - 10:00 A.M.
Community Development
15. PUBLIC HEARING - MOTION TO ADOPT Temp. Reso. #5294
concerning a request by AMOCO OIL COMPANY for special exception
to permit a car wash in an existing bay at the service station
located at 8291 N. University Drive, which is zoned B-2
(Planned Business). Petition #33-Z-88
SYNOPSIS OF ACTION: RESOLUTION NO. R-89-24 - PASSED
Public Hearing was held.
APPROVED.
City Attorney Doody read Temp. Reso. #5294 by title.
* C/M Rohr MOVED to APPROVE Temp. Reso. #5294, SECONDED
* by C/M Bender.
Mike Von Hofen, Assistant City Planner, said the zoning
on the property was B-2 and the Master File number was
1-76. He said the Legal Description on the property is
Parcel A, Timber Run Service Station Plat, Plat Book 89,
Page 29. He said the type of use requested is a special
exception to allow use of an existing bay for a service
station carwash. He said the Planning Commission and
staff recommended approval.
Mayor Abramowitz Opened and Closed the Public Hearing
with no response.
VOTE: ALL VOTED AYE
ORDINANCES
CitX Attorney
16. PUBLIC HEARING - MOTION TO ADOPT Temp. Ord. #1418 on
second reading to reduce the municipal ex icis se tax charged to
casualty insurance premiums from 1% to .85% in accordance
with amended Chapter 185 Florida Statutes.
SYNOPSIS OF ACTION:
Public Hearing was held.
APPROVED on second reading.
ORDINANCE NO. 0-89-1 - PASSED
City Attorney Doody read Temp. Ord. #1418 by title.
* C/M Rohr MOVED to APPROVE Temp.Ord. #1418 on
* second reading, SECONDED by CBender.
Page 7
1/25/89
City Attorney Doody said this change was to reflect the
revisions in the State Statutes and he recommended
approval.
Mayor Abramowitz Opened and Closed the Public Hearing
with no response.
VOTE: Mayor Abramowitz - Aye
V/M Stelzer - Aye
C/M Bender - Aye
C/M Hoffman -- Aye
C/M Rohr - Aye
17. PUBLIC HEARING - MOTION TO ADOPT Ted_ Ord. #1419 on
second reading to reduce the municipal excise tax charged to
property insurance premiums from 2% to 1.85% in accordance
with amended Chapter 175 Florida Statutes.
SYNOPSIS OF ACTION: ORDINANCE NO. 0-89--2 - PASSED
Public Hearing was held.
APPROVED on second reading.
City Attorney Doody read Temp. Ord. #1419 by title.
City Attorney Doody said this request was to comply with
the revisions of the State Statute.
* C/M Bender MOVED to APPROVE Temp. Ord. #1419 on
* second reading, SECONDED by C/M Hoffman.
Mayor Abramowitz Opened the Public Hearing.
Melanie Reynolds, Resident of Sands Point, said that the
Agenda for this Item was incorrect and should read 175 as
opposed to 185.
After reviewing the Ordinances, City Attorney Doody said
the Agenda was incorrect; however, the Ordinances were
correct.
Mayor Abramowitz Closed the Public Hearing with no
further response.
V/M Stelzer said these changes would affect the monies
sent to the City for the Pension Plan and City Attorney
Doody said he was informed by the State that the affect
would not be great.
VOTE:
Community Development
ALL VOTED AYE
18. a. MOTION TO ACCEPT Affidavits of Publication, Mailing
and Posting for Temp. Ord. #1424. Petition #31-Z-88
b. PUBLIC HEARING - MOTION TO ADOPT Temp. Ord. #1424 on
first read 'pertain ng to a request by WESTLAKE VILLAS,
INC., to rezone lands on the south side of NW 77 Street
at the northwest corner of SPRINGLAKE II from R-3 (Low
Density Multiple Dwelling) to S-1 (Open Space/Recreation).
Petition #31-Z-88
SYNOPSIS OF ACTION:
Public Hearing held.
a. ACCEPTED Affidavits.
b. APPROVED on first reading.
Page 8
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1/25/89
* a) C/M Bender MOVED to ACCEPT the Affidavits of Publication,
* Mailing and Posting for Temp- Ord. #1424, SECONDED by
* C/M Hoffman.
VOTE: ALL VOTED AYE
City Attorney Doody read Temp. Ord. #1424 by title.
* b) C/M Bender MOVED to APPROVE Temp. Ord. #1424 on
* first reading, SECONDED by C M Hofrman.
Mike Von Hofen, Assistant City Planner, said the zoning
on the property was R-3 and the Master File number was
25-79. He said the Legal Description of the Property was
Springlake II, Plat Book 109, Page 11, Lots 15, 16 and
17. He said the request was to rezone from R-3 (Low
Density Multiple Dwelling) to S-1 (Open Space/Recreation)
and the Planning Commission and staff recommend approval.
Mayor Abramowitz Opened and Closed the Public Hearing
with no response.
VOTE: ALL VOTED AYE
19. a. MOTION TO ACCEPT Affidavits of Publication, Mailing
and Posing for Temp. Ord. #1425. Petition #32-Z-88
b. PUBLIC HEARING - MOTION TO ADOPT Temp_ Ord. #1425 on
first reading pertaining to a request by WESTLAKE VILLAS,
INC., to rezone lands at the southeast corner of SPRINGLAKE
II - PHASE II, north of the existing SPRINGLAKE II clubhouse
area, from S-1 (Open Space/Recreation) to R-3 (Low Density
Multiple Dwelling). Petition #32-Z-88
SYNOPSIS OF ACTION:
Public Hearing �was held.
a. ACCEPTED Affidavits.
b. APPROVED on first reading.
* a) C/M Bender MOVED to ACCEPT the Affidavits of Publication,
* Mailing and Posting for Tem Ord. #1425, SECONDED by
* C/M Hoffman.
VOTE:
ALL VOTED AYE
City Attorney Doody read Temp Ord. #1425 by title.
* b) C/M Bender MOVED to APPROVE Temp. Ord. #1425 on
* first reading, SECONDED by C M Hoffman.
Mr. Von Hofen said this request was the second part of
the request made by Westlake Villas, Inc. He said the
Planning Commission and staff recommended approval.
City Attorney Doody asked for Land Use designation of the
property and Mr. Von Hofen replied, residential.
C/M Hoffman said the purpose of this change was because
of the residents' concerns about noise. He said the
developer has worked very willingly with staff and was
very cooperative.
Mayor Abramowitz Opened and Closed the Public Hearing
with no response.
VOTE: ALL VOTED AYE
Page 9
1/25/89
20. a. MOTION TO ACCEPT Affidavits of Publication, Mailing
and Posi71ng-Tor-Tem . Ord. #1423.
Petition #34-Z-88
b. PUBLIC HEARING - MOTION TO ADOPT Temp. Ord. #1423 on
first rea d�pertaining to a request by KESSLER GROUP,
INC., to rezone lands at the northeast corner of Commercial
Boulevard and NW 70 Avenue from B-1 (Neighborhood Business)
and B-2 (Planned Business) to B--2 (Planned Business) .
Petition #34-Z--88
SYNOPSIS OF ACTION:
Public Hear ng was held.
a. ACCEPTED Affidavits.
b. APPROVED on first reading.
* a) C/M Bender MOVED to ACCEPT the Affidavits of Publication,
* Mailing and Posting for Temp. Ord. #1423, SECONDED by
* C/M Hoffman.
VOTE: ALL VOTED AYE
City Attorney Doody read Temp. Ord. #1423 by title.
* b) C/M Hoffman MOVED to APPROVE Temp. Ord. #1423 on
* first reading, SECONDED by C/M Bender.
Mr. Von Hofen said the zoning on the property was B-1 and
B-2 and the Master File number was 16-88. He said the
Legal Description on the property was Portion of Section
10, Township 49 south, Range 41 east. He said the
request was for rezoning from B-1 (Neighborhood Business)
and B--2 (Planned Business) to B-2 (Planned Business). He
said the number of acres are 5.168 and the Planning
Commission and staff recommend approval.
Mayor Abramowitz Opened and Closed the Public Hearing
with no response.
VOTE:
ALL VOTED AYE
21. a. MOTION TO ACCEPT Affidavits of Publication and
Post ngtor Tem . Ord. #1421. Petition #30-Z-88
b. PUBLIC HEARING -- MOTION TO ADOPT Temp. Ord. #1421 on
second reading concerning a request by KINDER CARE LEARNING
CENTER/ALLEN KRONENBERGER to rezone lands north of the
Southern Bell facility on the east side of University Drive
at NW 76 Street from B-1 (Neighborhood Business) to B-5
(Limited Business District). Petition #30-Z-88
SYNOPSIS OF ACTION: ORDINANCE NO. 0-89-3 - PASSED
Public Heaea g�was held.
a. ACCEPTED Affidavits
b. APPROVED on second reading.
* a) C/M Bender MOVED to ACCEPT Affidavits of Publication and
* Posting for Tem . Ord. #1421, SECONDED by C/M Hoffman.
VOTE:
ALL VOTED AYE
City Attorney Doody read Temp. Ord. #1421 by title.
* b) C/M Bender MOVED to APPROVE Temp. Ord. #1421 on
* second reading, SECONDED by C/M RoFir.
Page 10
1
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1/25/89
Mr. Von Hofen said the zoning on the property was B-1 and
the Master File number was 12-88. He said the Legal
Description of the property was Southern Bell, Tamarac,
Tract A and the type of use requested was for rezoning
from B-1 (Neighborhood Business) to B-5 (Limited Business
District). He said staff recommended approval for this
request because B-5 was the appropriate zone in which the
Petitioner could locate his intended use subject to a
special exception approval. He said Planning Commission
and staff recommended approval.
Mayor Abramowitz asked if the zone would be B-5 even if
the Petitioner decided not to build his intended use and
City Attorney Doody replied, yes.
Mayor Abramowitz said he would like to meet with the City
Manager and staff regarding concerns he received from
residents regarding rezoning matters.
Mayor Abramowitz Opened the Public Hearing.
Vickie Beech, Resident at 9102 NW 67 Court, asked if
Southern Bell was selling land to the Petitioner.
Steve Reagan, Representative of Kinder Care Learning
Center, said there was a contract to purchase the
property from Southern Bell contingent upon the rezoning
and special exception approval.
Mrs. Beech had concerns with the Petitioners applying for
rezoning as opposed to the Landowner and Mr. Von Hofen
said Southern Bell applied for the rezoning request;
however, the Petitioner had an option with Southern Bell.
Irving Katz, Resident of Lakes of Carriage Hills, asked
if the safety of the children was addressed.
City Attorney Doody said the Item before the City Council
was for rezoning only. He said concerns not relating to
the rezoning would be addressed at the time the site plan
was before the City Council.
Joseph Schreiber, Resident of Clairmont/Kings Point, said
that the usage had to be discussed at a rezoning
otherwise, the City Council could not determine if the
land should be rezoned.
City Attorney Doody said if the City Council discussed
other matters besides the rezoning, the process would be
jeopardized. He said he urged the City Council not to
discuss the matters because they may be accused of
prejudice of the site plan.
Mr. Schreiber asked if a Covenant could be placed in the
Ordinance that would eliminate the concerns of the
Petitioner not following through on his intended use.
Mayor Abramowitz said this could not be done and was a
big frustration of the City Council.
Mayor Abramowitz Closed the Public Hearing with no
further response.
VOTE: ALL VOTED AYE
22. PUBLIC HEARING - MOTION TO ADOPT �Tem�p- Ord. #1420 on
second reading to amend Arta a -I of Sections of the Code
to provide for an amended definition of the term "family".
Page 11
1/25/89
SYNOPSIS OF ACTION:
Public Hearing was held.
TABLED for further investigation by the
City Attorney.
City Attorney Doody read TemE. Ord. #1420 by title.
* C/M Bender MOVED to APPROVE Temp. Ord. #1420 on
* second reading, SECONDED by C M HOTFm—a-n.
City Attorney Doody said this Ordinance was requested by
the City Council to amend the definition of the term
"family" as it was presently written in the Zoning
Districts. He said the definition was based on a 1972
Supreme Court case, Belle Terre vs. Morris.
TAPE 3
Mr. Von Hofen said the City had to be concerned with the
impact on the infrastructure as the City grows. He said
by having a well defined definition of "family" it would
prevent 20 unrelated people living in one home and he
recommended approval.
Mayor Abramowitz Opened the Public Hearing.
Larry Korman, Attorney and Chairman of the Broward County
Chapter of the American Civil Liberties Union, said he
was present to oppose the proposed Ordinance. He said
there was certain language in the Ordinance which was
vague and violated other Supreme Court cases in this
field. He said the Ordinance stated that one or more
persons immediately related by blood, marriage or
adoption. He said the word "immediate" may violate the
Supreme Court Case of East Cleveland, which was decided
after the Belle Terre Case.
Mr. Korman said the City Attorney may not be taking into
account that there was no Constitutional right to privacy
if decisions were made as to who could reside in their
own homes. He said the State of Florida was more
concerned than the United States Supreme Court about the
degree in which the Government, which included this City
Council, was allowed to intrude into the residents
private lives.
Mr. Korman said in 1980, by Popular Election, an
Amendment was added to the State Constitution which
stated, "Every natural person has the right to be let
alone and free from Governmental intrusion into his
private life". He said trying to tell people who they
may reside with in a home was an intrusion into their
private lives and a violation of the State Constitution.
He said he wanted to assure the City Council that if any
resident in the City of Tamarac or any person that wanted
to move into the City of Tamarac wanted to challenge the
Ordinance, if passed, the American Civil Liberties Union
would stand behind the person and pursue the matter
through the State and/or Federal Courts.
City Attorney Doody said he was concerned that Mr. Korman
did not contact him before this time.
Mayor Abramowitz suggested that City Attorney Doody
confer with Mr. Korman after the meeting.
Mr. Korman gave City Attorney Doody his card and asked
City Attorney Doody to contact him.
Page 12
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1/25/89
City Attorney Doody asked why Mr. Korman did not contact
him before the meeting and Mr. Korman said he heard about
the matter yesterday afternoon.
C/M Rohr said he would like to hear the City Attorney's
response to this matter.
Mayor Abramowitz said the City Council heard Mr. Korman's
opinion; however, he would like to hear from the City
Attorney after the City Attorney was able to discuss the
matter with Mr. Korman.
Anthony Grimaldi, Resident of Sunflower/Heathgate, said
he was very interested in this Item and he did not see
how the Mayor could take it upon himself to discontinue
the conversations between the City Attorney and Mr.
Korman. He said this Item was a Public Hearing and he
wanted to hear the City Attorney's questions as opposed
to the questions occurring without the residents present.
He suggested the City Council allow the City Attorney to
express his concerns.
Mayor Abramowitz said as Chairman of the City Council,
this decision was his to make. He said he would like a
Motion to Table the Item until City Attorney Doody
discussed this matter with Mr. Korman. He said he would
like the City Attorney to research the matter and report
to the City Council with his findings as opposed to
engaging in conversation that the City Council and
residents were not aware of.
City Attorney Doody said after hearing Mr. Korman's
opinion, he felt that Mr. Korman was considering
litigation if the Ordinance was passed. He said it was
his responsibility to research the matter further;
however, he was unaware of any case that would cause the
Ordinance to be in conflict with either the United States
or State Constitution. He suggested the Item be Tabled
until he investigated the matter further and report back
to the City Council with his findings.
Melanie Reynolds, Resident of Sands Point, had concerns
regarding the definition of a Foster Home. She said the
Ordinance indicated that there should be no more than
five children and they must be under 19. She said a
foster home had foster parents in it.
Mayor Abramowitz asked the City Attorney to submit an
answer to Mrs. Reynolds.
Mayor Abramowitz Closed the Public Hearing with no
further response.
* C/M Rohr MOVED to TABLE Temp. Ord. #1420 on second reading
* for further investigation by tie City Attorney, SECONDED by
* C/M Bender.
VOTE: ALL VOTED AYE
General Administrative
23. PUBLIC HEARING - MOTION TO ADOPT Temp. Ord. #1422 on
second reading to repeal Article TX, Sections 14-59 through
14-17.2, of the City Code entitled "Alarm Systems" and to
create a new Article IX to be entitled "Alarm Systems".
Page 13
1/25/89
SYNOPSIS OF ACTION:
Public Hearing was held.
APPROVED on second reading.
APPROVED the refund of those
Annual. Burglar Alarm Fees that
were received for 1989 and to
send notice to the residents by
way of the Utility Bills that the
Fees were no longer required.
ORDINANCE NO. 0--89--4 -- PASSED
City Attorney Doody read Ted- Ord. #1422 by title.
City Attorney Doody said the Ordinance was amended as
follows:
1. Page 3, Lines 15 through 23, the definition of Burglar
Alarm System was reworded and was more consistent with
the old Ordinance.
2. Page 4, Line 19, the words "Police Officer" were changed
to "Employee".
3. The Section regarding access to the premises was eliminated
entirely.
C/M Hoffman MOVED to APPROVE Temp. Ord. #1422 on second
reading, SECONDED by C/M Bender.
Mayor Abramowitz Opened the Public Hearing.
Irving Katz, Resident of Lakes of Carriage Hills, said he
was concerned with this Ordinance eliminating the fee for
false alarms and Mayor Abramowitz said the residents
would be fined for false alarms. Mayor Abramowitz said
the only fee being eliminated from the Ordinance was the
Annual Burglar Alarm Fee.
Mr. Katz said he was concerned that the Police had to
answer false alarms when their services could be used
elsewhere..
Mayor Abramowitz said the City Council has received
several telephone calls from the residents regarding a
refund in the Annual Burglar Alarm Fees for 1989. He
suggested that a Motion be made to return the monies
received for 1989.
City Attorney Doody suggested that the City Council adopt
the Ordinance first and then make a Motion to refund the
Fees already received for 1989.
Mayor Abramowitz Closed the Public Hearing with no
further response.
VOTE:
ALL VOTED AYE
Mayor Abramowitz asked for a Motion to refund the Annual
Burglar Alarm Fees for 1989.
C/M Bender MOVED to APPROVE the refund of those Annual Burglar
Alarms Fees for 1989, SECONDED by C/M Hoffman.
V/M Stelzer suggested that the residents who have been
billed for this Annual Fee should be informed by way of
the Utility Bills that they were no longer required to
pay the Fees.
Page 14
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1
The City Council AGREED with this suggestion.
VOTE:
REPORTS
4. City Council Reports
ALL VOTED AYE
25. MOTION TO APPROVE First Annual Luncheon for Committee
members and spouses at Colony West Country Club on Valentines
Day with surplus funds from the 25th Anniversary Celebration.
SYNOPSIS OF ACTION:
APPROVED.
Mayor Abramowitz said he received a report regarding the
surplus from the 25th Anniversary Celebration. He said
there was approximately $1,500.00 in the account;
however, he would like City Council's approval to expend
approximately $1,000.00 for a Committee Appreciation
Luncheon. He said he would like the Luncheon to take
place on February 14, 1989 at the Colony West Country
Club. He said the Committee members and their spouses
would be asked to attend.
* C/M Bender MOVED to APPROVE the expenditure of funds for a
* Committee Appreciation Luncheon, SECONDED by C/M Hoffman.
VOTE:
ALL VOTED AYE
Mayor Abramowitz said the Senior Olympic Organization
contacted him regarding the City being a sponsor for the
Senior Olympics. He said he would like the Parks and
Recreation Department to hold a Senior Olympics and he
would like City Council's approval so that preparations
could begin.
The City Council AGREED with this suggestion.
Mayor Abramowitz said he would like a Resolution
regarding this matter brought -back to the City Council
for approval.
Mayor Abramowitz announced that he would be calling a
Joint Workshop between the City Council and the Charter
Board regarding the recent litigation matter. He said he
would like this Workshop to take place as soon as
possible.
Mayor Abramowitz said he was very proud with the outcome
of "Leadership Broward Day" and he commended the City's
staff for doing such a wonderful job.
5. City Manager Report
City Mangy Kellycongratulated Judy Yacobellis, Occupational
License Supervisor, for being reelected as the President
of Broward County's Chapter of the Florida Association of
Occupational License Officers.
26. MOTION TO APPROVE the City Manager preparing a letter
to Carla Coleman, Representative of Florida Atlantic University
in Tallahassee to review the City's Charter.
SYNOPSIS OF ACTION:,
APPROVED.
Page 15
1/25/89
City Manager Kelly announced that he spoke with Carla
Coleman, Representative of Florida Atlantic University in
Tallahassee, regarding the City's Charter. He said Ms.
Coleman said she would assist the City and the Charter
Board in reviewing the Charter. He suggested that the
City Council give their approval in a letter being
prepared and sent to Ms. Coleman asking her to assist the
City in reviewing the Charter.
* C/M Bender MOVED to APPROVE the City Manager preparing a letter
* to Carla Coleman regarding her assistance in reviewing the City's
* Charter, SECONDED by C/M Hoffman.
VOTE:
ALL VOTED AYE
City Manager Kelly said recently the position of
Personnel Director has been advertised; however, he was
proud to announce that he would be appointing Peter Mack
as the Personnel Director. He said he received several
recommendations from the Departments to hire Mr. Mack as
the Personnel Director. He said Mr. Mack was serving the
City as the Assistant Public Works Director. He said Mr.
Mack is a retired Senior Military Officer, Major, in the
Marine Corp. and holds Bachelor of Science Degrees in
English and Psychology, Master of Arts Degree in Human
Resource Management, is a Faculty Member at Barry
University. He said Mr. Mack has done a great job as
Acting Personnel Director and, at the January 27, 1989
Special City Council meeting, he would recommend City
Council approval in appointing Mr. Mack as Personnel
Director. He introduced Mr. Mack to the City Council.
City Manager Kelly said the City was asked to Host a
"Sawgrass Forum". He said the Forum would pertain to the
existing toll rates on the Sawgrass Expressway and impact
on the various Cities. He said the Forum would take
Place on January 30, 1989 at 10:00 A.M. in the City
Council Chambers.
6. City Attorney Report
City Attorney Doody said at the City Council's request, he
reviewed the existing Ordinance for the Public
Information Board regarding the Associate members. He
said the Ordinance referred to the Public Information
Board as having 5 Regular members with 2 Alternate
members. He asked if the City Council wanted the
Ordinance Amended to 5 Regular members and 4 Alternate
members.
The City Council AGREED to this Amendment.
4. City Council Reports
Mayor Abramowitz reported that there has been an Emergency
Meeting called for the Northwest Council of Mayors
regarding the Florida Power & Light matter. He said the
Meeting would only consist of the Mayors; however, he
would suggest at the meeting that C/M Bender be allowed
to attend any future meetings because of his expertise on
the matter.
CONSIDERATIONS
General Administrative
7. MOTION TO APPROVE the City Manager's appointment
1
1
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Page 16
1/25/89
of Kelly Carpenter -Craft as Director of Community Development.
SYNOPSIS OF ACTION:
APPROVED.
* C/M Bender MOVED to APPROVE this Appointment, SECONDED by
* C/M Hoffman.
City Manager Kelly said consistent with the City Charter,
he formally appointed Kelly Carpenter -Craft as the
Director of Community Development. -He said Mrs. Craft
holds a Master in Science for Urban Planning, Bachelor of
Arts, is experienced in research and planning, Planning
Officer and Director, Chief Planner in Broward County and
Director of the Plans Implementation Division from
August, 1981, through August, 1984, and has worked as a
Senior Planner for the Consulting Firm of CH2M Hill. He
said Mrs. Craft has worked as a private consultant for a
number of local Governments in Broward County. He
introduced Mrs. Craft to the City Council.
Mayor Abramowitz asked the City Manager to report on the
outcome of the Growth Management/Comprehensive Land Use
Plan.
City Manager Kelly said there were two Cities who
received affirmative communication regarding their
Comprehensive Land Use Plan and Tamarac was one of those
Cities.
Mayor Abramowitz said that Mike Von Hofen, Assistant City
Planner, should be commended for his fine work on the
Comprehensive Land Use Plan.
Joseph Schreiber, Resident of Clairmont/Kings Point,
asked why the position had a salary of $48,000.00. He
asked why this salary was being approved when the Budget
indicated the salary to be $41,000.00.
City Manager Kelly said there were sufficient monies in
the Budget for the position.
Mr. Schreiber suggested that the City stay within the
Budgeted figure and City Manager Kelly said the City was
getting someone with several years of experience and very
qualified for the position.
City Manager Kelly said there were several Cities looking
for City Planner's and this salary was more than
reasonable considering the competition. He said when the
competitive price had to be paid and the City was getting
a qualified person as Mrs. Craft, he was more than
willing to pay for the expertise.
Mr. Schreiber had concerns with the City looking
elsewhere for the expertise when there were qualified
employees presently in the City such as Mike Von Hofen.
City Manager Kelly said he appreciated Mr. Schreiber's
confidence; however, he was the maker of this decision
and he chose Mrs. Craft for the position.
Mayor Abramowitz said Mike Von Hofen was very qualified
for the position; however, Mr. Von Hofen has not been
located in this area very long. He said the cheapest
commodity anyone could have was a quality staff and
Page 17
1/25/89
assistance. He said there were approximately 100
applications and, out of the 10 chosen for interview, 7
withdrew when they knew that Mrs. Craft had applied for
the position.
TAPE 4
VOTE:
ALL VOTED AYE
Utilities/Engineering
8. MOTION TO APPROVE the purchase of a Toshiba "Page
Laser 17 printer under State contract in lieu of bidding in
the amount of $2,485.00.
SYNOPSIS OF ACTION:
APPROVED.
Bob Foy, Director of Utilities/Engineering, said the
existing equipment was 4 years old which was repaired 2
weeks ago and was not working at this time. He
recommended approval of this Item because the equipment
was desperately needed.
Mayor Abramowitz asked how much this equipment would cost
and Mr. Foy replied, $2,485.00.
* C/M Rohr MOVED to APPROVE this Item, SECONDED by C/M Hoffman.
V/M Stelzer asked why the request was only for $2,000.00
and Mr. Foy said there was money already in the account.
VOTE:
ALL VOTED AYE
9. MOTION TO APPROVE the transfer of approximately $75,000.00
from the Municipal Complex/City Hall Account to the Municipal
Complex/Police Facility Account for furnishings, refurbishing
of existing furniture and relocation of existing telephone
system by ROLM to the new Police Facility.
SYNOPSIS OF ACTION:
APPROVED.
* C/M Rohr MOVED to APPROVE this Item, SECONDED by C/M Bender.
City Manager Kelly said there was approximately
$243,000.00 remaining in the Municipal Complex/City Hall
Account which was available for transfer to the Police
Facility Account. He said approximately $46,000.00 would
be used for furnishings; however, $9,000.00 was spent for
refurbishing the existing furniture which saved the City
approximately, $78,000.00 for new purchases. He said
approximately $18,071.60 would be used to relocate the
Rolm Telephone System from the old City Hall to the
Police Facility. He said the total cost being requested
was $75,000.00 and he recommended approval.
Mayor Abramowitz said he was very pleased with the
outcome of the refurbished furniture and the money saved
in doing this.
VOTE:
RESOLUTIONS
Community Development
ALL VOTED AYE
10. MOTION TO ADOPT Temp. Reso. #5299 rescinding approval
of a site plan for WELLENS FURNITURE COMPANY and refunding
Page 18
1/25/89
trafficway improvement fees in the amount of $13,144.90.
SYNOPSIS OF ACTION:
APPROVED.
RESOLUTION NO. R-89-20 - PASSED
City Attorney Doody read TeT mp. Reso. #5299 by title.
*
C/M Bender MOVED to APPROVE Te� mp. Reso.
#5299,
*
SECONDED
by C/M Rohr.
Mike Von
Hofen, Assistant City Planner,
said the request
was made
by Irving Wellens, President of
Wellens
Furniture
Company. He said the plan was
not to erect the
proposed
addition to the existing store;
therefore, they
requested
a refund of the impact fees.
He recommended
approval
of this Item.
VOTE:
ALL VOTED AYE
11. MOTION TO ADOPT TeTemp. Reso. #5300 authorizing the
approprrate C ty officxa-` 1 to execute an agreement with
Banyan Lakes Homeowners Association, Inc., relating to the
enforcement of traffic control by the City within the
BANYAN LAKES development.
SYNOPSIS OF ACTION:
APPROVED.
RESOLUTION NO. R-89-21 - PASSED
City Attorney Doody read Temp. Reso. #5300 by title.
* C/M Rohr MOVED to APPROVE Temp. Reso. #5300,
* SECONDED by C/M Bender.
Mr. Von Hofen said the Resolution was for an area annexed
into the City in June, 1988. He said the Police
Department reviewed the Agreement and approved it and
staff recommended approval.
City Attorney Doody said the Agreement was for traffic
control within the Banyan Lakes area. He said the City
would enforce the speed limit and traffic signs would be
erected by the Department of Transportation.
Mayor Abramowitz asked if Kaye Young, President of the
Banyan Lakes Homeowners Association, Inc., was informed
of the City's position and Mr. Von Hofen replied, yes,
and Mrs. Young expressed her concerns about the illegal
parking in the area.
V/M Stelzer had concerns with the Resolution pertaining
to illegally parked cars on the swales.
City Attorney Doody said the Resolution adopted the
Agreement and, if Banyan Lakes wanted other matters
addressed, further actions would have to be taken such as
studies of the area.
V/M Stelzer asked if the condominiums could place signs
in the area indicating that parking was not allowed on
the swales.
Irving Katz, Resident of Lakes of Carriage Hills, said
there were people parking in the handicapped spaces in
his area. He said these problems could be eliminated
providing the Condominium Association allowed the Police
to patrol the parking areas.
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1/25/89
C/M Rohr said he lived in the same area as Mr. Katz and
the Police were writing citations for cars illegally
parked in a handicapped space.
VOTE:
ALL VOTED AYE
12. a. MOTION TO ADOPT Temp. Reso. #5301 amending the
conditions user which a spec a -exception to permit the
operation of a dry cleaning business at 5308 NW 22 Avenue
was granted by the City Council on 1/11/89 to GOLD COAST
FORMALWEAR (Petition #29-Z--88)
b. MOTION TO ADOPT Temp. Reso. #5295 approving a
revised site plan for GOLD COAST FORMALWEAR reflecting
addition of a dry cleaning facility at 5308 NW 22 Avenue.
SYNOPSIS OF ACTION:
TABLED a. and b.
RECONSIDERED Resolution R-89-15 and then
TABLED.
City Attorney Doody read Temp. Reso. #5301 by title.
* a) C/M Rohr MOVED to APPROVE Temp. Reso. #5301,
* SECONDED by C/M Bender.
Mr. Von Hofen said this Item was before the City Council
at the January 11, 1989 City Council meeting. He said
the Petitioner indicated that he would only be doing dry
cleaning for Gold Coast Formalwear; however, the
Petitioner was not aware of the condition given by the
City Council.
Charles Walters, Representative of Gold Coast Formalwear,
said he misunderstood the City Council's conditions at
the January 11, 1989 City Council meeting. He said the
business handled tuxedo formalwear as their primary
business and there were drop stores for dry cleaning. He
said this was done on a wholesale basis; however, there
would be dry cleaning other than tuxedos done on the
premises.
Mike Garlick, Attorney for Gold Coast Formalwear, said
the business was a wholesale dry cleaning operation. He
said cleaning was done of their own inventory and for
others such as a drop dry cleaning location; however,
there would be no third party coming onto or leaving the
premises other than Gold Coast Formalwear.
Mayor Abramowitz asked if this business was located in a
wellfield area and Mr. Von Hofen replied, yes. Mr. Von
Hofen said Broward County's Wellfield Protection
Ordinance and the City's Ordinance would have to be
complied with.
Mayor Abramowitz asked what zone the business was located
in and Mr. Von Hofen said the business was located in an
Industrial Zone.
C/M Rohr said wholesale cleaning was a different
operation than what was originally approved by the City
Council.
Bernard Newman, Resident, said the concern should be of
the environmental impact as opposed to the business being
a wholesale or retail business. He suggested the City
Council deny this request.
Page 20
1/25/89
Mr. Garlick said the Planning Department and Planning
Commission were informed of the request before it came to
the City Council. He said there was an existing
wholesale dry cleaning in Tamarac Industrial Park. He
said the majority of the cleaning would be Gold Coast
Formalwear tuxedos and related items; however, the
company did business with drop stores for regular
cleaning. He said he did not want to mislead the City
Council about the use on the property.
C/M Rohr asked if the facility was completely and
environmentally safe for this type of operation.
Mayor Abramowitz said he was very concerned with the
problems in the past regarding the pollution of the
water. He said the City has always had resistance from
residential areas regarding dry cleaning facilities. He
said he was very concerned with the environment and this
was his number one priority.
Mr. Garlick said he met with the Planning Commission
regarding the environmental issues which have been met as
specified under the City and Broward County Codes. He
said there was no question regarding the environmental
impact. He said during the Public Hearings at the
Planning Commission and City Council Meetings, there was
no public objection of this Item. He said once the final
building plans were completed, the City would have final
inspection to see that the Codes have been complied with.
City Attorney Doody asked what zone the facility was in
and Mr. Von Hofen replied, Zone 3.
Mayor Abramowitz asked if the Resolution would be null an
void if Broward County denied the request and City
Attorney Doody replied, yes.
Mr. Walters said Broward County did not object to this
matter providing the City Council approved the request
and the Codes were followed.
Mayor Abramowitz asked if this operation was new on the
facility and Mr. Walters said the company had an existing
dry cleaning facility in the City of Pompano; however,
the company wanted to bring the business back under one
roof.
Mayor Abramowitz asked if the store in Pompano could be
used and Mr. Walters said there was not enough space.
Mayor Abramowitz asked if the dry cleaning would be for
other items besides formalwear and Mr. Walter replied,
yes.
Mayor Abramowitz said he could not approve this operation
because the business could expand.
City Attorney Doody suggested that the Item be Tabled so
the
that the City Council could be fully informed in case
was in the Courts. He said a study could
matter pursued
be done determining the exact use and the effect on the
property.
Mr. Garlick -said the formalwear business has been in
Tamarac for 5 years. He said the dry cleaning facility
related to a specific bay that is to be converted to a
dry cleaning plant. He said the use would not be mixed
Page 21
1/25/89
*
*
but it would be a complementary use.
Mayor Abramowitz asked if the Petitioner could inform the
City Council how much use would be done in the plant
within 6 months. He said he was very concerned with this
matter.
C/M Rohr said he would like to get Broward County's
approval before the City approved the request.
Mayor Abramowitz said he would like to see this Item
Tabled until the Community Development Department met
with the Petitioner and reported to the City Council with
further information.
C/M Bender MOVED to TABLE Temp. Reso. #5301, SECONDED
by C/M Rohr.
VOTE:
ALL VOTED AYE
C/M Rohr asked if the City could receive Broward County's
approval before taking action on the matter and Mr. Von
Hofen said this was not a practice of Broward County;
therefore, he did not feel that this could be done.
City Attorney Doody suggested that the Community
Development Department contact Broward County regarding
this matter to see if they had any objections.
Mr. Garlick said the previous Resolution approved by the
City Council was to permit a dry cleaners at the location
with a stipulation that Gold Coast Formalwear would only
be cleaning their own items. He said the issue was not
in having the dry cleaners in the location but the nature
of the language noted in the stipulation. He said he
would be happy to work with the City as in the past.
City Attorney Doody suggested that the City Council make
a Motion to Reconsider Resolution R-89-15 and then Table
it so that it could be brought back to the City Council
at a later date. He said he wanted this matter clarified
to avoid problems in the future if there was controversy.
Mr. Garlick said his client was not creating an adversary
situation. He said his client has been working
with the City in this regard.
City Attorney Doody said he understood Mr. Garlick and he
was not trying to make this matter an adversary
proceeding. He said he wanted to protect the City
Council from having to second guess the matter. He said
this was the time to address the Resolution because it
could not be done in the future as specified under
Roberts Rules of Order.
C/M Rohr MOVED to RECONSIDER Resolution R-89-15, SECONDED by
C/M Hoffman.
Mr. Garlick said to preserve his clients rights, he
objected to this procedure being done.
VOTE:
ALL VOTED AYE
* C/M Rohr MOVED to TABLE Resolution R-89-15, SECONDED by
* C/M Hoffman.
VOTE:
Page 22
ALL VOTED AYE
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1/25/89
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Mr. Garlick asked if City Attorney Doody would be
contacting Broward County and City Attorney Doody said
Community Development would be contacting Broward County
regarding their opinion of the matter.
Mayor Abramowitz said he has seen no limit or bounds on
the amount of work that would be done at the facility and
he would like a report on how much work would be done at
the facility.
TAPE 5
Mr. Garlick asked what procedures the City Council wanted
his client to follow and City Attorney Doody suggested
that the Petitioner work with the Planning Department.
City Attorney Doody said the City Council was concerned
with the environmental impact on the property; therefore,
a presentation should be made on these concerns.
City Attorney Doody read Te! mp. Reso. #5295 by title.
* C/M Bender MOVED to TABLE Temp. Reso. #5295,
* SECONDED by C/M Rohr.
VOTE: ALL VOTED AYE
Public Works Department
13. MOTION TO ADOPT Temp. Reso. #5291 awarding Bid #88-46
in the amount of $4,250.00 to Atlas Roofing Company, Inc.,
for roof replacement on three C-14 canal pump stations
(tabled on 1/11/89).
SYNOPSIS OF ACTION:
APPROVED.
RESOLUTION NO. R-89-22 - PASSED
City Manager Kelly read Temp. Reso. #5291 by title.
At this time, Mayor Abramowitz relinquished the gavel to
V/M Stelzer.
,Ake Couzzo, Director of Public Works, said the City
Council requested more information on this Item at the
jaav �.ry 11, 1989 City Council meeting. He said the
ini^ar:ation requested pertained to the type of roofing
�nd.the warranty on the roof. He said an aluminum roof
wovla-cost approximately three times more than the
promised fiberglass shingled roof. He said there would
be a 5 year warranty on workmanship and a 20 year
warranty on the materials. He recommended approval on
this Item.
* C/M Bender MOVED to APPROVE Temp. Reso. #5291,
* SECONDED by C/M Rohr.
VOTE: Mayor Abramowitz - Absent
V/M Stelzer _ Aye
C/M Bender - Aye
C/M Hoffman - Aye
C/M Rohr - Aye
At this time, V/M Stelzer gave the gavel back to Mayor
Abramowitz.
Page 23
1/25/89
Utilities/Engineering
14. a. MOTION TO APPROVE a Water and Sewer Developers
Agreement oar the WOODLAND COVE development.
b. MOTION TO ADOPT Temp. Reso. #5302 accepting a
Blanket Public Safety Ingress Egress Easement for the
WOODLAND COVE development.
SYNOPSIS OF ACTION:
APPROVED a. and b.
RESOLUTION NO. R-89-23 - PASSED
a) Bob Foy, Director of Utilities/Engineering, said this Item was
for the Water and Sewer Developers Agreement for Woodland
Cove, which was an annexed area. He said the developer
would not be required to pay the CIAC Fees at one time;
however, the Fees would be paid one by one. He
recommended approval of the Water and Sewer Developers
Agreement and the Blanket Public Safety Ingress/Egress
Easements.
* C/M Rohr MOVED to APPROVE Item 14, a., SECONDED by C/M Bender.
VOTE:
ALL VOTED AYE
City Attorney Doody read Temp. Reso. #5302 by title.
* b) C/M Bender MOVED to APPROVE Tem2 Reso. #5302,
* SECONDED by C/M Hoffman.
VOTE: , ALL VOTED AYE
With no further business, Mayor Abramowitz ADJOURNED the
meeting at 12:05 P.M.
qert�
-RORrN ABRAMOWITZ, MAYOR
CAROL AEVANS, CITY CLERK
"This public document was promulgated at a cost of $215.M oa. $26.88 per
copy to inform the general public, public officers and employees of
recent opinions and considerations of the City Council of the City of
Tamarac."
CITY OF TAMARAC
AP
PR ED AT MEETING OF
City Clerk
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