HomeMy WebLinkAbout1989-03-22 - City Commission Regular Meeting MinuteseZA-
7525 N.W. 88th AVENUE
TAMARAC, FLORIDA 33321-2401
RECORD OF COUNCIL ACTIONS/DISCUSSION
CITY OF TAMARAC
CITY COUNCIL
REGULAR COUNCIL MEETING
WEDNESDAY, MARCH 22, 1989
CALL TO ORDER: 9:00 A.M.
ANNOUNCEMENT OF TIME ALLOCATIONS - MOTIONS TO TABLE - The
Chair at this t me 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 Pmployee service
awards to the following:
Irene Adams (20 years) Community Development
Ruth Russo (10 years) Community Development
Erma Nahi (10 years) Police Department
Nicholas Marazo (10 years) Police Department
Phyllis Polikoff (10 years) Personnel Department
FINAL ACTION:
PRESENTATIONS were made.
2. PRESENTATION by Senator Peter Weinstein and
Representatives Peter Deutsch and Ben Graber regarding
state legislative matters.
FINAL ACTION:
PRESENTATIONS were made.
Mitch Ceasar also spoke on Florida Power & Light.
3. PRESENTATION by Mayor Abramowitz of a proclamation
designating April 7, 1989, as "CONTINENTAL CABLEVISION
DAY".
FINAL ACTION:
PRESENTATION was rescheduled to April 12, 1989, Regular
City Council meeting.
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CONSENT AGENDA
4. Items listed under Consent Agenda, Item 4, are viewed
to be routine and the recommendation will be enacted by
one motion in the form listed below. If discussion is
esire then the item(s) will be removed from the
Consent Agenda and will be considered separately.
Building De artment
a. MOTION TO ADOPT Temp. Reso. #5347 releasing
Performance Bond #120988 in the amount of
$68,037.00 posted to guarantee the installation of
landscaping and irrigation at the NATIONAL SAFETY
COUNCIL project.
FINAL ACTION:
APPROVED.
RESOLUTION NO. R-89-64 PASSED.
b. MOTION TO ADOPT Temp. Reso. #5348 releasing a cash
performance bond in the amount of $3,000.00 to
guarantee installation of the irrigation system at
THE LANDINGS ON CYPRESS GREENS, Building #16
(890213) .
FINAL ACTION:
APPROVED.
City Clerk
RESOLUTION NO. R--89-65 PASSED.
C. MOTION TO APPROVE the minutes of the following
City Council meetings:
1.
2/08/89 -•
Regular
Meeting
2.
2/22/89 --
Regular
Meeting
3.
2/27/89 --
Special
Meeting
FINAL ACTION:
APPROVED Cl
APPROVED C2
APPROVED C3
d. MOTION TO ADOPT Temp. Reso. #5349 approving
renewal of three sign waivers for KINGS POINT
pertaining to number, size and location of
community directional signs for a period of one
year from 3/23/89.
FINAL ACTION:
APPROVED.
RESOLUTION NO. R-89-66 PASSED.
Finance Department
e. MOTION TO ADOPT Temp. Reso. #5355 requesting that
the Florida Legislature pass laws providing
sources of funding for the recent amendments to
Chapter 121, Florida Statutes, and for the
implementation of Chapter 163, Florida Statutes,
and to pursue an amendment to the Constitution of
the State of Florida that requires that any future
legislation mandating action by a unit of local
government, when such action places a financial
burden on the unit of local government, will
provide a source of funding suffkcient to cover
the costs of .such action without the requirement
for a referendum by the unit of local government.
FINAL ACTION: RESOLUTION NO. R-89-67 PASSED.
APPROVED.
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Utilities/Engineering
4. f. 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 (tabled on 1/25/89).
FINAL ACTION: RESOLUTION NO. R-89-68 PASSED.
APPROVED.
g. MOTION TO ADOPT Temp. Reso. #5359 approving and
authorizing the sale of selected surplus Tamarac
Utilities scrap materials to J & B Salvage in the
amount of $112.57.
FINAL ACTION: RESOLUTION NO. R-89--69 PASSED.
APPROVED.
OPEN PUBLIC FORUM
5. OPEN PUBLIC FORUM -- 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.
REPORTS
6. City Council
7. City Manager
8. City Attorney
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CONSIDERATIONS
Community Development
9. MOTION TO APPROVE a model sales facility and waiver of
the 300--foot distance requirement for issuance of
certificates of occupancy for SPRINGLAKE II (Westlake
Villas) for a six-month period from 3/22/89 to 9/22/89.
FINAL ACTION:
APPROVED.
General Administrative
10. MOTION TO APPROVE the City Manager's appointment of
Dale Lee as Chief Building Official/Director of
Building Department.
FINAL ACTION:
APPROVED.
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Utilities/Engineering
11. a. MOTION TO APPROVE Addendum #24 to the engineering
agreement with Hazen and Sawyer to prepare
contract documents for TUW Project #88-9, New Raw
Water Supply Wells #14 and #15, and to provide
limited services during construction in an amount
not to exceed $21,700.00.
b. MOTION TO APPROVE the transfer of $26,000.00 from
Water CIAO funds to a new account to fund this
project.
FINAL ACTION:
APPROVED 11a
APPROVED 11b.
RESOLUTIONS
Community Development
12. MOTION TO ADOPT Temp. Reso. #5357 approving a site plan
for SUN BANK reflecting an addition to the building,
renovation of the building and a new drive-in facility
(located at the southeast corner of Commercial
Boulevard and NW 38 Terrace).
FINAL ACTION: RESOLUTION NO. R--89-70 PASSED.
APPROVED, subject to no building permits being issued
until plat is recorded.
13. MOTION TO ADOPT Temp. Reso. #5358 transferring a
special use exception concerning a chicken carry -out
restaurant from "The Rotisserie" located in Bay 16 of
MIDWAY PLAZA to Dennis Stein d/b/a "Pick -a -Chick".
FINAL ACTION:
APPROVED.
Personnel Department
RESOLUTION NO. R-89-71 PASSED.
14. MOTION TO ADOPT Temp. Reso. #5354 relating to
reorganization of the Recreation Division of the Public
Works Park and Recreation Department by the elimination
of certain positions and the creation of certain other
positions within this department.
FINAL ACTION:
APPROVED.
Utilities/Engineering
RESOLUTION NO. R--89--72 PASSED.
15. a. MOTION TO ADOPT Temp. Reso. #5350 awarding Bid
89--4 in the amount of $9,748.00 to Maroone
Chevrolet, Inc., for one (1) 1/2 ton compact
pickup truck 4X2 for the Utilities Department.
b. MOTION TO ADOPT Temp. Reso. #5351 awarding Bid
89--5 in the amount of $9,748.00 to Maroone
Chevrolet, Inc., for one (1) 1/2 ton compact
pickup truck 4X2 for the Utilities Department.
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15. c. MOTION TO ADOPT Temp. Reso. #5352 awarding Bid
89-6 xn the amount of $26,099.99 to Ed Morse
Chevrolet, Inc., for one (1) single axle dump
truck (5 yards) for the Utilities Department.
d. MOTION TO ADOPT Temp. Reso. #5353 awarding Bid
89-7 in the amount of 20,2 to Ed Morse
Chevrolet, Inc., for one (1) 1 ton cutaway van for
the Utilities Department.
FINAL ACTION: RESOLUTION NO. R-89-73 PASSED.
RESOLUTION NO. R-89--74 PASSED.
RESOLUTION NO. R-89-75 PASSED.
RESOLUTION NO. R-89-76 PASSED.
APPROVED 15a.
APPROVED 15b.
APPROVED 15c.
APPROVED 15d.
PUBLIC HEARING - 10:00 A.M.
Community Develo2Ment
16. PUBLIC HEARING - MOTION TO ADOPT Temp. _Reso. #5356_
concerning a request by PIZZA HUT OF TITUSVILLE, INC.,
for a special exception to operate a home delivery and
carry out pizza and related Italian products facility
with on premises cooking at McNAB CORNERS. Petition
#2--Z-89
(located at the northwest corner of McNab Road and NW
80 Avenue)
FINAL ACTION:
DENIED. Public hearing was held.
ORDINANCES
PUBLIC HEARINGS - 10:00 A.M.
Community Development
17. a. PUBLIC HEARING - MOTION TO ADOPT Temp. Ord. #1428
on second reading to vacate a portion of Parcel
A 1 Water Retention and Drainage area and a
portion of a 20-foot Drainage, Utility and Canal
Maintenance Easement for the FAIRFAX project.
b. PUBLIC HEARING - MOTION TO ADOPT Temp. Ord. #1429
on second reading to vacate a portion of Parcel'
A 2 Water Retention and Drainage area and a
portion of a 20-foot Drainage, Utility and Canal
Maintenance Easement for the FAIRFAX project.
FINAL ACTION: ORDINANCE NO. 0--89-11 PASSED.
17a.
17b.
ORDINANCE NO. 0-89-12 PASSED.
APPROVED on second reading. Public hearing was
held.
APPROVED on second reading. Public hearing was
held.
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18. PUBLIC HEARING - MOTION TO ADOPT Temp. Ord. #1420 on
second reading- to amend Article I of Section 8--1 of
the C,,de to provide for an amended definition of the
term 'family".
FINAL ACTION: ORDINANCE NO. 0-89-13 PASSED.
APPROVED on second reading. Public hearing was held.
General Administrative
19. MOTION TO ADOPT Temp. Ord. #1431 on first reading
creating the position of Director of Development
Services.
FINAL ACTION:
APPROVED on first reading. Second reading and public
hearing will be held during a Regular City Council
meeting on April 12, 1989, at 7:30 P.M.
20. MOTION TO AUTHORIZE the transfer of $200,000.00 from
City Hall Construction Fund to Police Facilities
Construction Fund.
FINAL ACTION:
WITHDRAWN.
AGENDIZED BY CONSENT
21. MOTION TO APPROVE rejection of all bids received under
Hid 89-- 6 for Tamarac Sports Complex - Phase I and
authorization for negotiation with low bidder.
FINAL ACTION:
APPROVED.
22. MOTION TO APPOINT Councilman Henry Rohr as voting
elegate and Mayor Norman Abramowitz as alternate to
Broward League of Cities.
FINAL ACTION:
APPROVED.
23. MOTION TO AUTHORIZE City Attorney to sign the necessary
ocuments to acquire party status in the Florida Power
& Light certification.
FINAL ACTION:
APPROVED.
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The City Council may consider and act upon such other
business as may come before it.
In the event this agenda must be revised, such revised
copies will be available to the public at the City Council
meeting.
Pursuant to Chapter 286.0105, Florida Statutes, if a person
decides to appeal any decision ma a 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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CITY OF TAMARAC
CITY COUNCIL REGULAR MEETING
WEDNESDAY, MARCH 22, 1989
CALL TO ORDER: Mayor Abramowitz called this meeting to Order on
Wednesday, March 22, 1989 at 9:05 A.M. in the Council Chambers.
IEDITATION AND PLEDGE OF ALLEGIANCE: Mayor Abramowitz called for the
?ledge of Allegiance followed by a Moment of Silent Meditation.
DwrgVMM
Mayor Norman Abramowitz
Vice Mayor Dr. H. Larry Bender
Councilman Bruce Hoffman
Councilman Henry Rohr
ABSENT AND EXCUSED:
Councilman Jack Stelzer
ALSO PRESENT:
John P. Kelly, City Manager
Richard Doody, City Attorney
Carol A. Evans, City Clerk
Pauline Walaszek, Special Services
Secretary
General Administrative
20. MOTION TO AUTHORIZE the transfer of $200,000.00 from City
Hamel Coostruction Fund to Police Facilities Construction Fund.
YNOPSIS OF ACTION:
REMOVED at the City Manager's request.
* V/M Bender MOVED to REMOVED this Item, SECONDED by C/M Rohr.
City Manager Kelly asked that this Item be Removed for
further review.
ALL VOTED AYE
INTRODUCTION
2. PRESENTATION by Senator Peter Weinstein and Representatives
Peter Deutsch and Ben Graber regarding State legislative.
matters.
SYNOPSIS OF ACTION:
PRESENTATIONS were made.
Mitchell Ceasar, City Grantsman, also spoke on
the matter regarding Florida Power & Light.
Mayor Abramowitz said he has had the pleasure in the last
year of working with the State Legislators regarding
problems in the City. He said the State Legislators have
assisted the City in every way possible and they were
present today to discuss State legislative matters with
the Public. He introduced Senator Peter Weinstein to the
City Council and Public.
Senator Peter Weinstein said he would be discussing some
of the issues that he was concerned about and
Representatives Peter Deutsch and Ben Graber would also
be addressing some issues.
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Senator Weinstein said the Theme for this year's
Legislative session would contain three main components.
He said one component would be all the problems
associated with growth in Florida which seemed to be the
biggest problem. He said another component was the crime
problem which has absolutely devastated the State's
Criminal Justice System. He said the other component
would pertain to education and Social Services for the
needy, which included the very young and elderly.
Senator Weinstein said this year would be the tightest
Budget Year that Florida has ever faced. He said there
are concerns regarding the transportation problems in the
State; however, the State insists that there is not
enough funding available to address the many problems.
He said the Florida Turnpike tolls would be increasing
this Spring and he would be recommending that the funds
were used in South Florida for Turnpike and other road
improvements.
Senator Weinstein said last year the Legislators were
successful in getting funds appropriated for the City of
Tamarac's Activity Center. He said additional funding
was needed to complete the project this year and the
Legislators would be listing this as one of their
priorities.
Senator Weinstein said he was most concerned about the
problems in the Criminal Justice System. He said the
first step that must be taken is getting additional
prison facilities in the State. He said there would be
approximately 6,000 additional prison beds for this year
in the State. He said he has visited several Florida
prisons and the prisons were not Taj Mahals. He said the
prisons were simple concrete blocked buildings with
double bunks, very minimal space and built at the
lowest possible cost. He said, unfortunately, there was
an element in the society that believed that murdering
and drug dealing was an everyday occurrence and this
would have to be attacked by several fronts.
Senator Weinstein said the first attack would be making
sure that funds were available to build facilities to
assist the Judges in seeing that their sentences for the
criminals were adhered to. He said presently only 17% of
the sentences were being served in the Florida prison
system. He said something needed to be done to ensure
that the criminals, especially the dangerous offenders,
served their sentences. He said this also meant that
there had to be better Community Control and Probation
programs for supervision of those criminals that were
given another chance in society.
Senator Weinstein said the drug problem had to be
eliminated and, talking to law enforcement officers
throughout the State, many say that attacking the supply
side such as smuggling ships and boats would never work.
He said something had to be done to erase the demand and
to do this was through education and drug abuse
prevention treatment programs. He said there were not
enough drug prevention programs in the schools and having
these types of programs cost money. He said he would be
recommending that some of the funds obtained through drug
confiscations be used in the individual schools for drug
abuse prevention programs. He said this could be done by
the same Police agencies that obtain the confiscated
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funds to pay the Police Officers. He said he wanted the
children to learn to work with the Police and become
educated regarding the dangerous drugs, especially crack
cocaine.
Senator Weinstein said rehabilitation facilities needed
to be available for those young people in the Community
addicted to drugs and, presently, these people had no
affordable place to go. He said these were primary
issues that had to be addressed because a lot of the
other problems in the State are based on the drug
problem.
Senator Weinstein said there were other problems
associated with growth and one of the problems pertained
to the need for roads. He said the Governor made it very
clear that he would not appropriate any additional funds
through taxes to assist in the roadway problems. He said
some Legislators were proposing a 10% increase in gas
taxes and he felt this was unnecessary and foolish
because the Department of Transportation would never be
able to adequately use the funds in one year. He said
the problems could be eliminated by raising a few pennies
for use on road improvements locally.
Senator Weinstein said vetoing the tax increase Bills was
not an act of leadership because people in the State had
to have facilities that they could enjoy and assistance
for the young and elderly.
Senator Weinstein said the City of Tamarac had an aging
population and there were people who needed services. He
said there were several Grants obtained in the area for
Alzheimer patients; however, much more was needed to be
done. He said he did not know how funds would be
available unless the funds were appropriated on the State
level.
Senator Weinstein said there had to be something for the
children in the Community. He said 45% of the children
in Florida were dropping out of High School and this was
very frightening. He said the proposals made so far
would not eliminate this problem such as raising the drop
out age from 16 to 18. He said the children not happy at
school at 16 and forced to attend school until 18 would
cause disruption and trouble. He said he would be
proposing that there be fewer courses and vocational
training available to inspire the children to stay in
school. He said there was a mistake in increasing the
required average grade to 95% for an A and the children
have lost interest in competing for grades. He said he
would be proposing that the grade averages be decreased
to allow more flexibility.
Senator Weinstein said it was a pleasure working with the
Tamarac City Council this past year. He said the City
Government was very responsive and concerned about issues
that were not necessarily local such as the proposed
Florida Power & Light power lines, in which he was very
concerned as well.
Senator Weinstein said he met with Florida Power & Light
and informed them that he would fight the proposed siting
in every way possible. He asked Florida Power & Light if
the power lines being placed in the Everglades would
effect fish, alligators or birds the same way it would
effect human beings. He said he did not want to live
with power lines over his home, office building or school
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and he was sure that the residents felt the same way. He
said everyone had to fight this matter together and
inform Florida Power & Light this matter would not be
acceptable unless the power lines were properly sited.
He thanked the residents for their attention..
Mayor Abramowitz introduced State Representative Peter
Deutsch to the City Council and Public.
State Representative Peter Deutsch congratulated the
newly -elected City Councilmembers, C/M Rohr and C/M
Hoffman. He said the City was working as well if not,
better, than it ever has and this was a credit to
everyone sitting on the dais.
Representative Deutsch said the Xeri-scape program needed
funding and it would; hopefully, pass this Legislative
Session. He said he would like to focus on the City
issues because it would be a great part of the
Legislative Session.
Representative Deutsch said the most important City issue
to be discussed pertained to the proposed Constitutional
Amendment regarding mandated requirements for local
Governments. He said he was the prime sponsor of the
Amendment which would prevent the Legislator from
mandating Cities to provide services without any
resources.
Representative Deutsch said the issue regarding the
Occupational taxes for local Governments would also be
addressed. He said he hoped to have a solution to allow
the Cities to be more equitable and raise more resources.
Representative Deutsch said the one cent local option
sales tax also affected the Cities in the way that the
tax was implemented. He said when people see the funds
tied directly to something, they did not object to the
taxes.
Representative Deutsch said some of the revenue sharing
for the Cities came from the Cigarette taxes. He said
the good news for society was that the people were not
smoking as much; however, the bad news for local
Governments was that the revenue for cigarettes was not
increasing; therefore, the inflation was not being
included in that revenue sharing issue. He said there
was discussion regarding shifting the revenue sharing
stream from the cigarette tax to something else more
profitable for inflation.
Representative Deutsch said there were road needs
throughout the State, specifically in western Broward
County. He said the Governor was acting irresponsibly to
not do anything about the problem. He said there was a
lot of support in the House for changing gasoline taxes
and using the funds for road construction.
Representative Deutsch said Growth Management was a big
issue for the Cities and the concurrent ideas were coming
forward. He said he did not know what would happen;
however, there were specific problems in State roads. He
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said if the State did not build up their roads to an
adequate level of service it could prevent the Cities
from doing what was needed in the Community.
Representative Deutsch said Storm Water Treatment was a
major issue for the coming Session and funding was a
concern for the Cities.because the Storm Water Treatment
Program was being mandated by the State.
Representative Deutsch said there would be discussions
regarding mandated employee benefits and he served on the
Environmental Regulation Committee on which he was the
prime sponsor for the State-wide transmission lines. He
said the most important matter pertained to Florida Power
& Light power lines and he would be assisting the Cities
in preventing adverse affects to the Communities. He
thanked the residents for their attention.
Mayor Abramowitz introduced State Representative Ben
Graber to the City Council and Public.
State Representative Ben Graber said the City of Tamarac
was very important to him and the City Council was very
sophisticated, worked very well together and were very
supportive for the Legislators. He said the Citizens
made up their Government and he was pleased to see the
residents at this meeting.
Representative Graber said the Criminal Justice System
was a very important issue because of the prison and drug
problems. He said the local tax matter was very
important as well.
Representative Graber said he would be concentrating on
public transportation because as the State grows larger
public transportation would assist economical
development. He said as the population aged there were
fewer vehicles available and the elderly needed to have
transportation. He said he served on the Public
Transportation Committee and these issues were being
addressed.
Representative Graber said he was concentrating on social
issues and health care was a very important issue. He
said the costs in health care were increasing each year
and a way to stabilize the problem was to study the
health care situation and improve the access to health
care and insurance. He said there are approximately one
million employed citizens in the State that did not have
health insurance. He said the citizens who did not have
health care and needed medical attention were given the
assistance at the cost of those citizens who did have
health care insurance.
Representative Graber said the services in the Community
were a concern and he served on the Health Rehabilitation
Committee. He said the Committee would hopefully assist
in improving the Heath Rehabilitation services in the
State. He said the Governor's new Budget indicated that
there would be several cuts in the health rehabilitative
services. He said there were several services which were
relied upon and would not be available next year.
Representative Graber said the State of Florida was the
fastest growing State in the Country with approximately
900 new people per day. He said the people needed homes,
schools, roads, etc., and the State had to assist in
providing these things to the people. He said in order
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to stay at the required level a certain percentage had to
be increased in the Budget every year. He said if the
Budget was stopped or cut, the growth would cause the
funding problems to increase.
Representative Graber said no one likes to raise revenue
or taxes and no one wanted to do it this year. He said
this year's Budget would be very tight and the State
would feel the effects next year unless there were
changes made.
Representative Graber said there was a very strong
Delegation in the State of Florida this.year and,
whatever monies are available, Broward County should be
able to get most of the funding.
Representative Graber said he presented two major
proposals to the Chairman of Appropriations of the House.
He said the proposals pertained to appropriating the
funds for the Community Center in Tamarac and making
Tamarac the Pilot City for the Xeri-scape landscaping
program. He said the Xeri-scape program consisted of
using plants that needed little or no irrigation. He
said this program would assist in saving cost and water
supplies. He thanked the residents for their attention
and he asked the residents to contact his office on any
issues of concern.
At this time, Mayor Abramowitz asked the residents to
address the Legislators on matters of concern.
Irving Lopatey, Resident, asked if there was any
legislation pending affecting the private home sections
equal to House Bills 7-18 and 7-19.
Senator Weinstein said he did not think that there was
anything major in the future. He said after the Study
Commission met there were no recommendations for the
Homeowners Association Statute. He said Tallahassee was
not enthusiastic for a Homeowners Association Statute.
He said this did not mean that there was no need for
additional legislation because he spoke to several
Homeowner Associations with serious problems; however,
there was not enough force behind the proposals to get
them implemented.
Bernard Hart, Resident, said 5 years ago he was on the
Committee appointed by the Governor for investigations.
He said last year after five attempts, HB-5 was presented
and there was a lot of enthusiasm on the part of the
Homeowners Associations; however, the developers objected
to the Bill. He said this matter was very important and
the Homeowners Association residents were looking forward
to some type of action on the proposals.
Senator Weinstein said he did not mean that there was no
enthusiasm by the Homeowners Associations. He said there
was no enthusiasm on the part of the Legislators. He
said he supported the legislation; however, there would
not be enough votes available to pass the Bill. He said
if the Bill came before the Legislators again, he would
vote for it.
Curt Rosenfeld, Resident, had concerns with the way the
taxes were presently being used on the roadways such as
the Sawgrass Expressway. He said there was no need to
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ask for more funding for roadways when the present monies
were not being applied appropriately.'
TAPE 2
Senator Weinstein said the Governor appointed the Head of
the Department of Transportation and the Legislators have
recently come down hard on the Department of
Transportation. He said the Legislators were concerned
with the fiscal management of the Department of
Transportation and there were new people hired to take
the place of those that were not doing an appropriate
job. He said this did not mean that the problems of
transportation would be resolved because there is
constant growth in the State of Florida and additional
roads were needed. He said when 30 thousand additional
students in the school system had to be appropriated the
monies came out of pocket because the State and Federal
Governments did not assist.
Representative Graber said he sat in on some of the
meetings with the Department of Transportation and many
of the explanations of how the money was used were very
poor. He said there was an on -going investigation into
the matter and there would be corrections made.
Marvin Seidel, Resident, said the residents of Tamarac
wanted to object to the State mandates to the Cities. He
asked if the legislators were supporting this proposal.
Senator Weinstein said there was a proposed Sill
indicating that the Legislators could not and would not
propose any requirements upon Municipalities without the
funding source available to pay for the requirements.
Mr. Seidel said the residents were concerned with
radiation and the Florida Power & Light matter was very
dangerous. He asked if Florida Power & Light could be
mandated to take their power lines elsewhere.
Senator Weinstein said the Legislators would be fighting
Florida Power & Light every step of the way.
Mr. Seidel asked if the Legislators wanted the people to
accumulate petitions and Senator Weinstein said he would
like to have petitions from the people and letters to the
Governor.
Senator Weinstein said he met with Florida Power & Light
and informed them that he was opposed to the existing
siting of the power lines. He said it was very dangerous
to erect power lines of that magnitude in the midst of
the City's population center and he would oppose it.
Mr. Seidel asked how the Legislators felt about gun
control.
Mayor Abramowitz said Mitch Ceasar, City Grantsman, was
available to inform the residents and the City of the
Florida Power & Light matter.
Senator Weinstein said he voted against all the
relaxation laws proposed and passed allowing anyone to
walk around with concealed weapons and the National Rifle
Association was not very pleased.
Senator Weinstein said tomorrow night at 7:30 P.M. at
Piper High School, Sunrise, he would be holding a Town
Hall meeting. He asked the residents to attend this
Page 7
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meeting and he thanked the residents and City Council for
giving him the opportunity to attend the meeting.
Representative Graber said on Monday, March 27, 1989,
from 10:00 A.M. to 4:00 P.M., his office would be holding
a "Free Session Open House". He asked the residents to
come to the office which was located at 6610 N.
University Drive, Belle Terre, Tamarac, Room 200.
Mayor Abramowitz introduced Mitchell Ceasar, City
Grantsman, to the City Council and residents.
Mitchell Ceasar, City Grantsman, said his reports
reflected the matter regarding the Multi -Purpose Center
and his activity for the City. He said he was Chairman
of the Broward County Expressway Authority and the
Committee was considering the sale of the land which the
Sawgrass and Broward County Expressways owned. He said
the presumed purchaser was Florida Power & Light and the
Expressway Authority and Department of Transportation
never contacted Florida Power & Light. He said Florida
Power & Light contacted everyone and indicated that they
would be erecting power lines and asked if there was
property which they could purchase.
Mr. Ceasar said he was informed of Florida Power &
Lights' intentions approximately 4 months ago. He said
the documents indicated the sale, price and terms and
approximately 3 months ago V/M Bender contacted Florida
Power & Light about the concerns regarding the
transmission lines' radiation, etc.
Mr. Ceasar said he was successful in delaying the vote
predicated on discussions with Tamarac's City Council
regarding the Florida Power & Light matter during a
meeting of the Broward County Expressway Authority. He
said during the next meeting, City Manager Kelly attended
and made a presentation. He said the vote was delayed
again based on the fact that there was a significant
difference between Florida Power & Light's willingness to
pay compared to what the Broward County Expressway
Authority was willing to receive and what property
appraisers said the property was worth.
Mr. Ceasar said there was a meeting approximately two
weeks ago and he was successful in delaying the vote one
last time. He said the Item probably would have been
approved but it was delayed. He said there would be a
special meeting of the Broward County Expressway
Authority scheduled by a majority of the membership for
Wednesday, March 29, 1989 at 2:00 P.M., at the Broward
County Governmental Center.
Mr. Ceasar said he asked the City Council that they, the
adjoining Cities Councilmembers and Legislators make a
lobbying effort. He said if a lobbying effort was not
made, the sale would be approved. He said forcing
Florida Power & Light to resite their power lines would
not eliminate other lines going up throughout the State.
Mr. Ceasar said anyone who felt that this issue was
important should be at the special meeting because if
there was no opposition, the land would be sold to
Florida Power & Light. He suggested that the oppositions
and purpose of the opposition be noted and brought to the
meeting.
Page 8
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KUBIC
Mayor Abramowitz said he would like Mr. Ceasar to come
back to a City Council Workshop on the matter and he
thanked Mr. Ceasar for his presentation.
At 10:05 A.M, Mayor Abramowitz RECESSED the meeting and
RECONVENED at 10:15 A.M. with ALL PRESENT.
RESOLUTIONS
HEARING - 10:00 A.M.
Community Development
16. PUBLIC HEARING -- MOTION TO ADOPT Tem2._ Reso. #5356
concerning a request by PIZTA HUT OF TITUSVILLE, INC., for a
special exception to operate a home delivery and carry out
pizza and related Italian products facility with on premises
cooking at McNAB CORNERS. Petition #2-Z-89
(located at the northwest corner of McNab Road and NW 80
Avenue).
SYNOPSIS OF ACTION:
Public Hearing was held.
DENIED.
City Attorney Doody read Temp. Reso. #5356 by title.
* C/M Rohr MOVED to APPROVE Temp. Reso. #5356, SECONDED by
* V/M Bender.
Kelly Carpenter -Craft, City Planner, said this request
was for a special exception for a take-out and delivery
facility for whole pizzas. She said the parcel was
approximately 120,000 square feet and 2.75 acres which
was designated commercial on the City's Land Use Plan and
currently zoned B-1. She said the current zoning allowed
take-out facilities as a special exception and the parcel
to the north was designated residential on the.City's
Land Use Plan, zoned R3--U and developed as low -density
multiple dwellings. She said to the south across McNab
Road, the property was designated as residential on the
City's Land Use Plan, zoned R4-A and developed as Concord
Village Condominium. She said to the east was a parcel
designated commercial on the City's Land Use Plan, zoned
B-6 and developed as a strip shopping center which
included uses such as office and retail businesses. She
said to the west there was a parcel designated commercial
on the City's Land Use Plan, zoned B-6 and developed as a
funeral home.
Mrs. Carpenter -Craft said the Planning Commission
recommended approval on February 1, 1989. She said there
were concerns from the neighboring residents that
loitering and littering would occur with this business.
She said rejection letters from several Condominium
Associations were submitted to the City.
Mrs. Carpenter -Craft said the Concept Site Plan
accompanying the special exception request was reviewed
by the Tamarac Staff Review Committee and staff
recommended approval of the special exception with the
following conditions:
1. Only medium and large pizzas and canned sodas be sold on
the site.
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Mrs. Carpenter -Craft said this condition was made to make
people leave the premises. She continued to state the
conditions as follows:
2. No sales of pizza by the slice.
3. No eat -in facility provided.
4. Propane tanks are to be buried at an appropriate
location on the site to be approved by the Tamarac
Building Department.
5. Trash receptacles are to placed outside the facility
at an appropriate location to be shown on the Site Plan.
6. Daily outside cleanup and trash removal is to be provided
by the applicant.
7. Hours of operation will not exceed the following:
Sunday through Thursday 11:00 A.M. to 11:00 P.M.
Friday and Saturday 11:00 A.M. to 1:00 A.M.
Mrs. Carpenter -Craft said the applicant agreed to these
conditions and the applicant was available to make a
presentation and respond to questions.
Alan Kan, Attorney for the Petitioner, said the
application was for a special exception pursuant to the
provisions of Sections 28-199 and 28-171 of the City Code
which allowed retail food take-out establishments in a
B-1 zone subject to compliance with certain criteria.
Attorney Kan said the development was in the B--1 zone and
the Petitioner agreed to comply with the recommendations
of the City's staff. He said the criteria set forth in
Section 28-171 of the City Code required the development
be in a B-1 zone, providing that the Petitioner would
have acceptable means of waste collection, a plan for the
control elimination or reduction of any possible
offensive odors and compliance with appropriate and
applicable City Ordinances.
Attorney Kan said the application was before the Planning
Commission at a Public Hearing and they recommended
approval. He said he was asking City Council approval
predicated upon the staff and Planning Commission's
approval and based upon facts in evidence. He asked that
the City Council not make their decision based upon
opinions but on a finding as to the criteria being
complied with.
Attorney Kan said the Site Plan before the City Council
indicated the location of the facility to be on an
obscure side bay on 80 Avenue approximately 1,000 square
feet in size. He said 25% of the entire bay would be
eligible to public space. He submitted a photograph into
the record for City Council review of a facility in West
Palm Beach which was operating for one year.
Attorney Kan said the picture indicated an approximate
1,000 foot facility in West Palm Beach which was similar
to the facility being requested for special exception.
He said the limited amount of public service area was
evident and was approximately less 25% used for pick-up
and delivery business only.
Attorney Kan said the business would only sell medium and
large pizzas, not sell alcoholic beverages and the hours
of operation would be 11:00 A.M. to 11:00 P.M. on Sunday
through Thursday and 11:00 A.M. to 1:00 A.M. on Friday
Page 10
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and Saturday. He said it was estimated that
approximately 80% of the overall business would be
delivery with 20% carry -out.
At this time, Attorney Kan submitted Exhibit 2 into the
record. He said this Exhibit was a copy of the executed
service contract with Industrial Waste Service which
provided trash collection services to the business 6 days
a week. He said this was part of the criteria under
Section 28-171 of the City Code. He said this contract
was reviewed by the City staff and there were additional
requirements that the business provide outdoor
receptacles with a daily cleanup of the area outside
being an acceptable method of waste collection for the
premises.
At this time, Attorney Kan submitted Exhibit 3 into the
record. He said this Exhibit was a letter from the
research firm which provided the kitchen equipment report
being used for the business. He said the Exhibit
indicted that 1.4 ounces per day or .000005 ounces per 3
feet of oil could be generated by the baking operations
during a typical day. He said there would be testimony
by a person with an engineering background who would
clarify this information for the City Council.
Attorney Kan said the method in which the ovens would
operate, in all intents and purposes, eliminated the
possibility of any odor corning from the ovens because of
the way the ovens work. He said the potential maximum
exposure to the atmosphere of the cooking oil was 1.4
ounces per day which was less than the average odors
emanating from any individual single-family residence.
He said this information was being presented in
compliance with Section 28-171 of the City Code which
required that the business establish to the City's
satisfaction that there would be an appropriate method to
eliminate potential odors in the air.
At this time, Attorney Kan submitted Exhibit 4 into the
record. He said this Exhibit was a letter delivered to
the City's staff in February, 1989, stipulating the type
of product which would be sold, the hours of operation,
means and method of the location of the propane tanks in
accordance with the appropriate requirements of the City,
additional requirements for the installation of trash
enclosures outside the property in compliance with the
City Codes and the method in which the outside area would
be policed by the business to maintain cleanliness.
At this time, Attorney Kan called upon Mr. Williams to
testify concerning the odor elimination. He asked that
Mr. Williams be sworn into the record.
Mayor Abramowitz asked City Attorney Doody if he objected
to the Witness being sworn in and City Attorney Doody
replied, no.
Mayor Abramowitz asked Pauline Walaszek, Secretary, to
swear the Witness into the record.
Attorney Kan asked Mr. Williams to state his full name
for the record and Mr. Williams stated his full name to
be Derek Williams.
Page 11
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Attorney Kan asked Mr. Williams to state his occupation
and Mr. Williams said he is a Construction Engineer with
Pizza Hut, Incorporated.
Attorney Kan asked Mr. Williams to state his educational
background and Mr. Williams said he holds an engineering
degree in construction.
Attorney Kan asked Mr. Williams how long he has been
employed as a engineer in the food industry and Mr.
Williams replied, 4 years.
Attorney Kan asked Mr. Williams how long he was employed
with Pizza Hut, Inc., and Mr. Williams replied, 4 years.
Attorney Kan asked Mr. Williams to inform the City
Council of his background and experience in the food
industry as an engineer.
Mr. Williams said in the past 4 years he built several
restaurants throughout the Country which included
delivery units, traditional restaurants and several
remodels.
Attorney Kan asked Mr. Williams if he was involved with
the installation of the ovens in the delivery and
take-out restaurants and Mr. Williams replied, yes.
Attorney Kan asked if Mr. Williams reviewed the letter
from the consulting engineers regarding the cooking oils
and exhaust areas and Mr. Williams replied, yes.
Attorney Kan asked Mr. Williams to describe information
submitted by the consulting engineers based on his past
experience and expertise.
Mr. Williams said the study was conducted based on the
fact that the oven system was questioned by several
Municipalities as to whether there was a requirement for
a fire suppressent system. He said the study was done to
prove that the fire suppressent system was not needed
there would be no open flame because the product was
cooked in an open heating chambers. He said only .000005
ounces per cubic feet of all particles were put in the
air -mass.
Attorney Kan asked how this related to the elimination of
the odors coming from the ovens and Mr. Williams said the
odors and oils coming from the product would be very
minimal.
Attorney Kan asked the City Council if they had any
questions for the Witness and Mayor Abramowitz said the
Witness was self-explanatory and he thanked the Witness.
Attorney Kan said the other factors contained in the
Ordinances pertained to compliance with the appropriate
Code requirements. Referring to Exhibit 4, Attorney Kan
said this Exhibit indicated the methods in which the
conditions set forth by the City staff would be complied
with. He said the Site Plan indicated the parking plan
and location were surrounded by 30 spaces within a 50 to
75 foot walking distance; therefore, there would not be
any adverse impact on parking for the surrounding area.
He said the site plan would be in full compliance with
the Development Order issued to the developer of the
shopping center.
Page 12
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At this time, Attorney Kan called Mr. Ketterer as a
Witness to testify as to the security procedures which
were questioned at the Planning Commission meeting and
about the experience with the business in West Palm
Beach.
Pauline Walaszek swore Mr. Ketterer in as a Witness.
Attorney Kan asked the Witness to state his full name for
the record and Mr. Ketterer stated his full name to be
Art Ketterer,
Attorney Kan asked Mr. Ketterer to state his occupation
and Mr. Ketterer said he is a Manager with Pizza Hut,
Incorporated.
Attorney Kan asked Mr. Ketterer how long he was a Manager
with the company and Mr. Ketterer said he has been
employed with the company for 16 years and the.last 3
years he has been employed with the delivery section of
the company.
Attorney Kan asked Mr. Ketterer what areas he was
responsible for and Mr. Ketterer said West Palm Beach,
Broward and Dade Counties.
Attorney Kan asked if the store in Tamarac would be
similar to the picture submitted to the City Council of
the West Palm Beach store and Mr. Ketterer replied, yes.
Attorney Kan asked if there would be less than 25% space
available for public use and Mr. Ketterer replied, yes.
Attorney Kan asked if there would be on -site consumption
and Mr. Ketterer replied, none.
At this time, Attorney Kan submitted Exhibit 5 into the
record. He said this Exhibit was excerpts from the
security procedure adopted by Pizza Hut, Incorporated.
He asked Mr. Ketterer to describe the security procedures
that were adopted by Pizza Hut, Incorporated and would be
endorsed at the Tamarac store.
Mr. Ketterer said the security began with selection of
the proper people and a training program was provided.
He said when the proper people were selected, the
policies and procedures were implemented. He said the
personnel went through a training program which included
matters of safety and security. He said the City Council
could review the policies given to the personnel during
the training courses.
Mr. Ketterer said the applications were thoroughly
investigated and all references were contacted. He said
a motor vehicle check was made on every applicant and, if
the report was not appropriate, the applicant was not
hired.
Mr. Ketterer said there was a security system within the
operation and there was no one allowed on the premises
other than those who worked there with the exception of
the carry -out customers. He said no loitering or
misconduct was allowed around the facility.
Attorney Kan asked if all of the policies and procedures
were part of the company's policy manual and Mr. Ketterer
replied, yes.
Page 13
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3/22/89
TAPE 3
Attorney Kan asked Mr. Ketterer to inform the City
Council of the methods in which the policies were
enforced and Mr. Ketterer said the policies were issued
to the employee at the time of hire and there were a
couple of days during the training program that the
policies were reviewed. He said any infraction of the
policies would result in disciplinary action which
included termination.
Attorney Kan asked if Mr. Ketterer contacted the City of
West Palm Beach Police Department and Broward County
Sheriff's Department within the last few days and Mr.
Ketterer said he contacted these agencies in February,
1989, and on Monday and Tuesday of this week.
Attorney Kan asked why Mr. Ketterer contacted these
agencies and Mr. Ketterer said to find out if there were
any complaints on the units operating in the West Palm
Beach area.
Attorney Kan asked where the units were located and Mr.
Ketterer said the units were located in Lake Park and
West Palm Beach.
Attorney Kan asked how long the units were in operation
and Mr. Ketterer said the units were in operation for a
little over one year.
Attorney Kan asked what the reports indicated by the
agencies and Mr. Ketterer said the agencies indicated
that there were no complaints against the two units
during the times of operation.
Attorney Kan asked if the City Council had any questions
of the Witness and there were none.
City Attorney Doody said the issue before the City
Council was for a special exception which was different
from a rezoning request. He said the zoning on the
property is B-1 and the City Code provided three
conditions on a restaurant take --out use in a B-1 zoning
District which are: 1) that the establishment be at least
100--feet from the nearest residential property line, 2)
there must be prior approval of the means and method of
waste collection by the City Council and, 3) a plan for
control, reduction or elimination of offensive odors
should be submitted with the application for special
exception.
City Attorney Doody said the City Council should make
their decisions based on whether or not a proper method
of waste collection was submitted and approved by the
City and whether or not a plan for control or reduction
of odors was considered.
City Attorney Doody read a Section of a Case as follows:
"There is a distinction between seeking a rezoning and
seeking a special exception. The law is somewhat different
in considerations. In rezoning, the burden is upon the
developer to clearly establish his right to the rezoning.
In the case of a special exception where the developer
has otherwise complied with those conditions set forth
in the zoning code, the burden was upon the zoning
authority to demonstrate by competent and substantial
evidence that the special exception is adverse to the
public interest."
Page 14
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City*Attorney Doody said this essentially meant that the
testimony heard today should be'limited to the two issues
set out in the City Code. He said the City Council's
decision to either approve or deny the special exception
should be limited solely to the two issues. He said the
City Council should bear in mind that the zoning on the
property is B-1 and the use was permitted providing the
conditions of operation concerning the odors and waste
control were addressed.
Attorney Kan referred to a recent Case, "Dade County
versus Fueller". He said this Case clearly setforth
that, "a special exception is by definition a permissible
use within the zone and the use is, as it were
presumptuously permissible, and may be denied only if
presumption and propriety was overcome."
Attorney Kan said the two additional criteria must be
established by the applicant and the Court stated:
"The inclusion of the particular use of one which is permitted
is tandem on to the legislative already finding that the
prescribed use is one which is in harmony with the other uses
permitted in the District and which must be granted providing
the conditions are met as specified."
Attorney Kan said he believed that the testimony heard
today, the Exhibits submitted and the recommendations of
the Planning Commission and staff fully establish that
the criteria was met under the City Codes. He asked that
he be allowed a five minute rebuttal after each speaker.
Mayor Abramowitz said the Agenda was very lengthy and
this request would be decided after the speakers make
their comments.
Mayor Abramowitz thanked Attorney Kan for presenting his
case and Attorney Kan thanked the City Council for
postponing the Hearing so he could go on a Mission to
Israel last month.
Mayor Abramowitz Opened the Public Hearing.
Burt Schneider, Resident at 8016 NW 72 Street and
President of the Woodmont Property Owners Association,
said he was representing over 3,000 Homeowners and
residents in Woodmont. He said the residents were more
than 100-feet away from the property; however, it
definitely affected the residents' lifestyle.
Mr. Schneider said the City Attorney indicated that the
two points in question were odor and trash collection;
however, there was a potential hazard in having a hangout
and the City Council would be compounding the felony by
having the purchase being only of whole pizzas because it
would allow an even longer time for the people to consume
the pizzas in the parking lot along with beer which could
be purchased from the Farm Store next door.
Mr. Schneider said there would be no control by the
business of the people when they left the facility and
went into the store next door and bought beer. He said
the people could sit and have a party in the parking lot
and decide that there was a potential victim in the
parking lot of Concord Village that they could mug. He
said the people could plan to invade the privacy of the
homes in Woodmont.
Page 15
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Mr. Schneider said he was very sorry that these concerns
were not being considered with this request. He said oil
cooking emitted very little odor; however, the garlic and
tomato sauce was very pungent. He said the applicant
gave a presentation about oil and the residents were
interested in the smell of tomato sauce and garlic
cooking which would invade the homes.
Mr. Schneider said trash removal should be 7 days a week
as opposed to 6 days a week because the business would be
operating 7 days a week. He asked what would occur
during the one day that the trash was not collected.
Mr. Schneider said the residents had a right to peace and
tranquility and the new Pizza Hut establishment would
evade this right. He asked that the City Council deny
this request.
Ben Chicofsky, Resident of Concord Village, said he
represented Concord Village and opposed the Pizza -Hut
facility across the street from Concord Village. He said
a few years ago the City Council denied a request to have
a Mangolian Barbecue Restaurant beside Concord Village.
Mr. Chicofsky said the Attorney for the Petitioner
presented Witnesses and security procedures. He had
concerns with why security was an issue and he asked if
trouble was expected. He said the take-out and delivery
establishments were boisterous, created hangouts to late
hours of the night which resulted in disturbances,
littering and loitering.
Mr. Chicofsky said he knew of these matters because he
was involved with business for take-out and delivery
facilities for over 35 years. He said he was speaking
from experience. He said there were other areas that
Pizza Hut could locate their business instead of in the
middle of a residential area.
Mr. Chicofsky said the City of Tamarac was very beautiful
and the residents invested a lot of money in their
condominiums and homes. He said the property values
would go down if the business was allowed and he asked
that the City Council deny this request.
Sam Schwartz, Resident of Concord Village, said the City
received petitions and letters from various Condominium
and Homeowner Associations objecting to this business.
He said the areas surrounding the development were adult
communities and the traffic and disturbances caused by
this type of business would not be a benefit to the
residents. He said the business would not profit in
serving the surrounding residents because the residents
would not patronize the business.
Mr. Schwartz said the application also indicated that the
business would also be serving related Italian products.
He said the presentation did not include the other
products served by the business. He had concerns with
the drivers of the business being properly licensed and
insured. He asked the City Council to deny the request
even though the Planning Commission approved the request
on legal technicalities. He said the City Council should
be concerned about the health and welfare of the
residents.
Page 16
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Joseph Padwa, Resident of Concord
Village, said the
surrounding Cities enforced their
Building and zoning
Codes which posed a challenge to
each developer. He
suggested that the City Council deny
this request to
allow a more beautiful City.
Bernard Hart, Resident, had concerns
regarding the number
of cars needed for the delivery.
He said there would be
numerous cars and trucks entering
and exiting the site
for delivery purposes. He asked
trucks would be parked especially
where the cars and
overnight.
Mr. Hart said the City Council should consider the need
for this special exception or would it hurt the
businesses presently existing in the City. He said there
were presently 12 areas in the City that delivered pizza
which poses the question as to the need of this special
exception.
Anthony Grimaldi, Chairman of the Planning Commission and
Resident, said when the request came before the Planning
Commission the entire matter was reviewed. He said the
Planning Commission requested that the business be for
pizzas only. He said the City of Tamarac had a lot of
shopping centers and malls and there were a lot of empty
stores.
Mr. Grimaldi said the business was National and was
willing to serve the City of Tamarac. He said most of
the products that had an odor were consumed by the
residents such as chinese and fish products. He said the
surrounding Cities had stores that were doing business
with a demand from residential homes. He said the City
would not progress if they stood still and chased people
out. He said there were 2,400 families in his area that
like pizzas and this matter did not pertain to Concord
Village only.
Mr. Grimaldi said the Planning Commission represented
every resident in Tamarac and each resident would like to
have things that they could not get in other places. He
said there has never been problems with the other
take-out and delivery businesses in the City.
Richard Bell, Resident at 8004 NW 83 Street, had concerns
with the vehicular traffic that would be created because
of the restaurant. He said there were plenty of other
sensible places for the restaurant to be located such as
Midway Plaza, etc., which was not on the border of
residential communities.
Mr. Bell said the odors of garlic 24 hours a day was not
pleasant and he asked that the City Council deny this
request.
Sam Schwartz, Resident, said Mr. Grimaldi lived in an
area that had approximately 4 pizza facilities and he did
not believe that Mr. Grimaldi would use this restaurant
for his pizzas. He said another pizza facility was not
needed.
Mayor Abramowitz Closed the Public Hearing with no
further response.
Mayor Abramowitz said every Department in the City was
bound to follow the law. He said the City Council had to
make the decision regardless of whether it was right or
wrong, popular or unpopular. He said he did not want the
Page 17
3/22/89
residents to think that the Planning Commission was
remiss because the Planning Commission would be in
violation if they did not follow the law. He said
Community Development would be remiss if they did not
follow the City Codes. He said whatever decisions were
made, they were made by the City Council and not the
City's staff.
C/M Rohr asked if there were any other businesses within
a few blocks of the proposed site that used propane gas.
Mrs. Carpenter -Craft said this matter would have to be
reviewed with the Building Department because permits
were needed for propane tanks.
C/M Rohr asked how many other businesses close to
residential areas used propane gas and Mrs.
Carpenter -Craft said she could not give an answer based
on fact; however, restaurants generally used propane gas.
She said when there are restaurants abutting residential
areas, the likelihood of propane gas in the area was
quite high.
C/M Rohr asked if the size of the dumpsters was
restricted to 2-yards and Mrs. Carpenter -Craft said the
applicant had to work with the waste provider. She said
the business determined the amount of waste produced and
the waste hauler informed the business of the type of
dumpsters. She said the Community Development Department
did not generally question the size of the dumpster
designated by the waste provider. She said there were no
standards available that would require the type of
dumpsters for the sites.
C/M Rohr had concerns with the people being restricted to
coming and leaving the property. He asked if the people
could consume the food whereever they wanted and Mrs.
Carpenter -Craft said the matter could be restricted
providing there was a determination made by the Police
because of a complaint that someone was loitering. She
said there was no intent in the application to deny
someone from sitting in their car and eating the food.
C/M Rohr said he did not want the Police Department using
their time to.check pizza parlors.
C/M Hoffman said he would be voting on this Item based on
what the City Attorney indicated. He said he was not
convinced that the odors could be eliminated and that a 6
day pickup would be sufficient; therefore, he would vote
against granting the special exception.
V/M Bender asked if there were any fees in arrears and
City Attorney Doody said the fees were paid this morning.
Mayor Abramowitz complimented Attorney Kan for his
presentation. He said when he was first married they
lived above an Italian Restaurant and the odors were
constant. He said the presentation was for burning oil
and not other odors; however, Italian cooking was a very
good smell.
Mayor Abramowitz said there was no way to eliminate the
odors coming from the restaurant and, based upon the law,
he would be opposed to granting the special exception.
Page 18
3/22/89
City Attorney Doody said the City was responsible for
showing that substantial competent evidence for the two
criteria were not met. He said the burden shifted once
the guidelines were met and the City had to present the
evidence that the odors and waste collection would not be
met.
Mayor Abramowitz said his personal observation indicated
that the criteria was not met. He thanked the City
Attorney and Attorney Kan for keeping the City Council on
the right path to make decisions that were proper and
legal.
Attorney Kan said a Supreme Court in the State of Florida
setforth certain guidelines for special exception
hearings which indicated that a special exception hearing
was not given for the purpose of polling the neighborhood
on the question involved but is given to give all
interested persons the opportunity to present competent
substantial evidence in order for the Board to determine
the facts of the matter. He said once the facts were
determined it should be based on the evidence presented
and not the issues of persons who may appear and give
personal opinions.
Quoting the Court, Attorney Kan said, "A mere poll of the
neighboring landowners does not serve to assist the Board
in whether the special exception applied for meets their
criteria of the Ordinance in question."
Attorney Kan said the only facts in evidence which the
City Council has heard was the sworn testimonies of the
experts who were qualified and there was documentary
evidence presented. He said all other statements from
the surrounding neighborhoods were opinions and the
Courts did not classify opinions as classified competent
substantial evidence.
Attorney Kan said the City Attorney indicated that the
burden once presented by him shifted to the City and
opponents to present competent and substantial evidence
that the criteria was not met. He said not one iota of
competent substantial evidence was given that would meet
the legal criteria under the shifted burden and he
requested that the City grant the special exception under
the criteria as outlined by the City Attorney.
VOTE:
ORDINANCES
Community Development
ALL VOTED NAY
17. a. PUBLIC HEARING - MOTION TO ADOPT Temp. Ord.
#1428 on
second reading to vacate a portion of Parcel
A-1 Water
Retention and Drainage area and a portion of
a 20-foot
Drainage, Utility and Canal Maintenance Easement
for the
FAIRFAX project.
b. PUBLIC HEARING - MOTION TO ADOPT Temp. Ord.
#1429 on
second reading to vacate a portion of Parcel
A-2 Water
Retention and Drainage area and a portion of
a 20-foot
Drainage, Utility and Canal Maintenance Easement
for the
FAIRFAX project.
Page 19
3/22/89
SYNOPSIS OF ACTION: ORDINANCE NO. 0--89-11 - PASSED
Public Hearing was held. ORDINANCE NO. 0-89-12 - PASSED
APPROVED a. and b. on second reading.
City Attorney Doody read Temp Ord. #1428 by title.
Mrs. Carpenters -Craft said this request was to vacate a
portion of the water retention and drainage area and to
add additional lands at an alternate location. She said
the Petitioner was trying to create additional water
frontage lots and was actually increasing the water and
retention drainage area in the project. She recommended
approval of this Item and she said there were Warranty
Deeds in hand for the portions to be dedicated to the
City.
a. V/M Bender MOVED to APPROVE Temp. Ord. #1428 on second reading,
SECONDED by C/M Rohr.
Mayor Abramowitz Opened and Closed the Public Hearing
with no response.
VOTE:
ALL VOTED AYE
City Attorney Doody read Temp Ord. #1429 by title.
V/M Bender MOVED to APPROVE Temp Ord. #1429 on second reading,
SECONDED by C/M Rohr.
Mayor Abramowitz Opened and Closed the Public Hearing
with no response.
VOTE: ALL VOTED AYE
18. PUBLIC HEARING •- MOTION TO ADOPT Temp_ Ord. #1420 on
second reads g to amen Arti le I of Sect�.on 28-1 of the Code
to provide for an amended definition of the term "family".
SYNOPSIS OF ACTION: ORDINANCE NO. 0-89-13 -- PASSED
Puelic Hear g-was held.
APPROVED on second reading.
City Attorney Doody read TeTe_-mp• Ord. #1420 by title.
* C/M Hoffman MOVED to APPROVE Temp Ord. #1420 on second reading,
* SECONDED by V/M Bender.
City Attorney Doody said this Ordinance amended the
definition of "Family" to provide that no more than 3
unrelated people would live together. He said it
provided that anyone who resided at the order of a Court
or Foster Home licensed by the Health Rehabilitation
Services would comply with the definition.
City Attorney Doody said the City Council contained a
letter from the American Civil Liberties Union in their
backup. He said the letter indicated the American Civil
Liberties union's position.
City Attorney Doody said in 1972, the Florida Supreme
Court approved the Case of "Village of Belle Terre versus
Boraas" which upheld an Ordinance which was substantially
similar to the proposed Ordinance. He said the position
of the American Civil Liberties Union agreed that the
Ordinance would probably withstand scrutiny in the
Federal Courts and was anticipating that under the State
of Florida's Constitution a Court would strict it down.
Page 20
IJ
1
1
3/22/89
City Attorney Doody said both his Office and the American
Civil Liberties Union would have to speculate about this
matter because the Florida Law has not addressed this
issue. He said based on the existing Case Law and the
Federal Case Law, the proposed Ordinance was
Constitutional.
C/M Hoffman said the American Civil Liberties Union based
their objection on the right of privacy. He said there
was nothing denying persons privacy by passing an
Ordinance restricting a commune type of occupancy in a
single-family residence.
C/M Hoffman said he received a copy of the Federal
Register dated January 23, 1989, submitted by the
Department of Housing and Community Development. He read
from Section 100.10 as follows:
"That nothing in this regulation limited the applicability
of any reasonable local, State or Federal restrictions on
the maximum of occupants permitted to occupy a dwelling
unit."
TAPE 4
C/M Hoffman said the Federal Government recently
recognized the right of a locality to put reasonable
restrictions on occupancy. He said this Ordinance was
step one in a two step situation and he originally
requested that an Ordinance be provided that would
require obtaining Occupational Licenses for people that
wished to rent one -family residences. He said there was
such an Ordinance on the Books for multi -dwelling
residences and, by engaging in renting, it should be
considered as a business and should be licensed as any
other business in the City.
C/M Hoffman said the City Attorney recommended that
before an Ordinance was drafted requiring a license for
renting a definition of one -family dwelling be
established. He said this Ordinance gave this definition
and there was nothing in the American Civil Liberties
Union's objections that were of legal worthiness. He
said he respected the opinions of the American Civil
Liberties Union; however, the City had an obligation to
protect the integrity and land values of the Communities.
C/M Hoffman said there was once a family in California
who were named the "Manson Family" and he did not want to
see this type of family in the City of Tamarac;
therefore, this type of Ordinance would protect the
Communities from abuse and over use of the facilities.
Mayor Abramowitz Opened and Closed the Public Hearing
with no response.
VOTE:
ALL VOTED AYE
INTRODUCTION
1. PRESENTATION by City Manager Kelly of employee service
awards to the following:
Irene Adams
(20
years)
Community Development
Ruth Russo
(10
years)
Community Development
Erma Nahi
(10
years)
Police Department
Nicholas Marazo
(10
years)
Police Department
Phyllis Polikoff
(10
years)
Personnel Department
Page 21
3/22/89
SYNOPSIS OF ACTION:
PRESENTATIONS were made.
City Manager Kelly said there was 60 years of service
provided to the City being presented at this time. He
then presented awards to Phyllis Polikoff, Nicholas
Marazo, Erma Nahi, Ruth Russo and Irene Adams.
City Manager Kelly said the employees were holding a
luncheon in honor of Irene Adams this afternoon at 12:00
P.M., at the Baystreet Restaurant.
3. PRESENTATION by Mayor Abramowitz of a proclamation
esignatrng April 7, 1989, as "CONTINENTAL CABLEVISION DAY".
SYNOPSIS OF ACTION:
DESIGNATED pril 7, 1989, as "Continental Cablevision
Day". Presentation would be made at a later date.
Mayor Abramowitz announced that the Representative for
Continental Cablevision had another appointment and had
to leave.
City Attorney Doody suggested that the City Council
designate April 7, 1989, as "Continental Cablevision Day"
and the proclamation be presented at a later date.
Mayor Abramowitz read the proclamation into the record.
CONSENT AGENDA - ITEM 4 a. through
Building Department
4. a. MOTION TO ADOPT Te- 2. Reso. #5347 releasing Performance Bond
#120988-in the amount of $68,037.00 posted to guarantee the
installation of landscaping and irrigation at the NATIONAL
SAFETY COUNCIL project.
SYNOPSIS OF ACTION: RESOLUTION NO. R-89--64 -- PASSED
APPROVED.
b. MOTION TO ADOPT Te^ mp. Reso. #5348 releasing a cash performance
boffin the amount of $3,000.00 to guarantee installation
of the irrigation system at THE LANDINGS ON CYPRESS GREENS,
Building #16 (890213).
SYNOPSIS OF ACTION: RESOLUTION NO. R-89-65 - PASSED
APPROVED.
City Clerk
c. MOTION TO APPROVE the minutes of the following
City Counci meetings:
1. 2/08/89 - Regular Meeting
2. 2/22/89 - Regular Meeting
3. 2/27/89 -- Special Meeting
SYNOPSIS OF ACTION:
APPROVED.
d. MOTION TO ADOPT Temp. Reso. #5349 approving renewal of
three sign a vers for KINGS POINT pertaining to number,
size and location of Community directional signs for a
period of one year from 3/23/89.
Page 22
3/22/89
SYNOPSIS OF ACTION: RESOLUTION NO. R-89-66 - PASSED
APPROVED.
Finance Department
e. MOTION TO ADOPT Temp. Reso. #5335 requesting that the
Florida Legislature pass laws providing sources of funding
for the recent amendments to Chapter 121, Florida Statutes,
and for the implementation of Chapter 163, Florida Statutes,
and to pursue an amendment to the Constitution of the State
of Florida that requires that any future legislation
mandating action by a unit of local government, when such
action places a financial burden on the unit of local
government, will provide a source of funding sufficient to
cover the costs of such action without the requirement for
a referendum by the unit of local government.
SYNOPSIS OF ACTION: RESOLUTION NO. R-89-67 - PASSED
APPROVED.
Utilities/En%sneering
f. MOTION TO ADOPT Temp. Reso. #5297 releasing warranty
o�nd #W003T3-71-n the amount of $91,182.90 posted for public
improvements at TAMARAC SQUARE WEST (tabled on 1/25/89).
SYNOPSIS OF ACTION:
APPROVED,
RESOLUTION NO. R-89-68 - PASSED
g. MOTION TO ADOPT Temp. Reso. #5359 approving and authorizing
the sale oY lected surplus Tamarac Utilities scrap
materials to J & B Salvage in the amount of $112.57.
CA
SIS OF ACTION: RESOLUTION NO. R-89--69 - PASSED
PPROVED.
C/M Hoffman MOVED to APPROVE Consent Agenda, Item 4, a. through
go
* SECONDED by V/M Bender,
VOTE: ALL VOTED AYE
OPEN PUBLIC FORUM
5. OPEN PUBLIC FORUM
Irving Katz, Resident of Lakes of Carriage Hills, said
the City Council and City Manager indicated that there
may be a Referendum in the future regarding funding for
street lighting. He asked how the City would educate the
residents as to the need of street lighting because there
were several areas that did not vote during the past
election.
Mayor Abramowitz said he wanted to present the matter
regarding street lighting to the public when there were
facts available such as the needs and costs. He said the
City Manager and staff were working feverishly to get
this information and the information would be brought to
the public in every public relations program available.
Mr. Katz said there was a need for meetings and seminars
to educate and get the people to vote.
Page 23
3/22/89
6. CITY COUNCIL REPORTS
C/M Hoffman said he would like to defer his report to
the City Manager.
V/M Bender - No report.
C/R Rohr - No report.
Mayor Abramowitz reported that there was a Bill recently
passed in Broward County and he read it into the record
as follows:
"Bills 316.183 and 316.189, If the City's request and only on
City streets, if the City requested, the City could request
of the County that they do a survey to lower the speed limit
to 25 MPH."
Mayor Abramowitz said on his street by his home the speed
limit was 35 MPH and the localities could request that
Broward County lower the speed limits on City streets.
Mayor Abramowitz said there was concern about liability
and Broward County may honor the request to lower the
speed limit with no liability to the Cities. He said the
City Attorney was working very hard on this matter and
when further information was available he would inform
the residents.
7. CITY MANAGER REPORT
The City Manager reported the following:
21. MOTION TO APPROVE the rejection of all bids received
under Bid 89-16, Tamarac Sports Complex - Phase I, and
AUTHORIZATION to negotiate with the lowest bidder.
SYNOPSIS OF ACTION:
AGENDIZED by consent.
APPROVED.
City Manager Kelly said the bid received for the Tamarac
Sports Complex project was over the estimate and he asked
that the City Council reject all the bids and authorize a
Negotiating Committee to negotiate with the lowest
bidder.
* C/M Hoffman MOVED to REJECT all the bids received for Bid
* 89--16, Tamarac Sports Complex - Phase I, and to AUTHORIZE
* negotiations with the lowest bidder, SECONDED by C/M Rohr.
VOTE: ALL VOTED AYE
22. MOTION TO APPOINT Councilman Henry Rohr as the Voting
Delegate and Mayor Norman Abramowitz as the Alternate to the
Broward County League of Cities.
SYNOPSIS OF ACTION:
AGENDIZED�By consent.
APPROVED.
City Manager Kelly said he received communications from the
Broward County League of Cities regarding the Voting
Delegates selection by April 1, 1989.
Page 24
3/22/89
At this time, Mayor Abramowitz gave the gavel to V/M
Bender.
* Mayor Abramowitz NOMINATED C/M Rohr as the Voting Delegate for
* the Broward County League of Cities, SECONDED by C/M Hoffman.
1
VOTE:
ALL VOTED AYE
At this time, V/M Bender gave the gavel back to Mayor
Abramowitz.
C/M Rohr NOMINATED Mayor Abramowitz as the Alternate for the
Broward County League of Cities, SECONDED by C/M Hoffman.
VOTE:
ALL VOTED AYE
City Manager Kelly said the City of Tamarac was
participating in the March of Dimes Walk on April 1,
1989, in Fort Lauderdale and the City challenged the City
of Hollywood that the City of Tamarac would have the most
participants and collect the most money.
City Manager Kelly said anyone interested in
participating should contact Dina McDermott, Assistant to
the City Manager, for the necessary forms.
8. CITY ATTORNEY REPORT
City Attorney Doody said the Florida Power and light
proposed transmission line would pass through a number of
Counties and skirt the borders of Tamarac, Coral Springs,
Davie and other Cities in Broward County. He said he had
informal discussions with other City Attorneys in western
Broward County affected by the proposed transmission
lines. He said he was trying to coordinate with the
other Cities a united effort to oppose the line.
City Attorney Doody said the opposition would require
pooling resources and possibly hiring outside consultants
to present a united front to avoid the Cities opposing in
different directions. He said he received favorable
responses to this suggestion and he would inform the City
Council of the progress on the issue.
Referring to the Tamarac Sports Complex, C/M Hoffman said
the bids that were required were specified for all
ballfields with lighting; however, he would like
specifications for tennis courts included in the
negotiations. He said there was a need for tennis courts
for the middle-aged citizens of the City.
Mayor Abramowitz said there were -several Articles in the
newspapers regarding the proposed Florida Power & Light
transmission lines. He said during the Northwest
Regional Mayors' Council meeting regarding this matter he
exchanged his concerns with Senator McPhearson. He said
he was very upset when Senator McPhearson indicated that
a bird and worm were more important and he would make
sure that the transmission lines were around the people
as opposed to the animals.
Mayor Abramowitz said since their conversation Senator
McPhearson changed his mind. He said he and the City
Manager Kelly had a very long meeting with the Counsel of
Page 25
3/22/89
Florida Power & Light which was very good. He said the
Counsel promised them everything except that they would
not erect the transmission lines through Tamarac.
Mayor Abramowitz said the City of Tamarac was being used
twice in this matter because not only a transmission line
would be coming through the City but the Substation would
be located there as well. He said he would not be giving
up on the fight to have Florida Power & Light erect their
transmission lines elsewhere.
Mayor Abramowitz said
that the Cities
the City Attorney was indicating
expend
money for a
lobbyist who was
familiar
with Tallahassee
and could
fight this matter.
He said
the Cities had
to unite and
fight this matter
together
otherwise the
transmission
lines would be
erected.
At 11:55 A.M., Mayor Abramowitz RECESSED the meeting and
RECONVENED at 1:30 P.M. with ALL PRESENT except C/M Rohr.
CONSIDERATIONS
Community Development
9. MOTION TO APPROVE a model sales facility and waiver
of the 300-foot distance requirement for issuance of certifi-
cates of occupancy for SPRINGLAKE II (Westlake Villas) for a
six-month period from 3/22/89 to 9/22/89.
SYNOPSIS OF ACTION:
APPROVED.
* C/M Hoffman MOVED to APPROVE this Item, SECONDED by V/M Bender.
VOTE: ALL VOTED AYE
RESOLUTIONS
Community Development
12. MOTION TO ADOPT Temp.- Reso. #5357 approving a site plan
for BANK reflecting an aTd ion to the building, renovation
of the building and a new drive-in facility
(located at the southeast corner of Commercial Boulevard and
NW 38 Terrace).
SYNOPSIS OF ACTION: RESOLUTION NO. R--89-70 - PASSED
APPROVED subject to no building permits
being issued until the plat is recorded.
City Attorney Doody read Temp. Reso. #5357 by title.
* V/M Bender MOVED to APPROVE Temp. Reso. #5357, SECONDED by
* C/M Hoffman.
Kelly Carpenter -Craft, City Planner, said the site plan
reflected an addition to the existing building allowing
the applicant to renovate the entire building and add a
drive in facility on NW 49 Street which is west of the
existing building. She said the plat approved by the
City Council in September, 1988, was yet to be recorded.
She said there was a request to waive the landscaping
requirement to 10-feet along Commercial Boulevard which
Page 26
3/22/89
was consistent with the property to the east. She said
staff approved the plan subject to all of the conditions
being met and that no building permits be issued until
the plat was recorded.
VOTE:
ALL VOTED AYE
13. MOTION TO ADOPT Tempt Reso. #5358 transferring a special
use exception concerning a chicken carry -out restaurant from
"The Rotisserie" located in Bay 16 of MIDWAY PLAZA to Dennis
Stein d/b/a "Pick -a -Chick".
SYNOPSIS OF ACTION: RESOLUTION NO. R-89-71 - PASSED
APPROVED.
City'Attorney Doody read Temp. Reso. #5358 by title.
* V/M Bender MOVED to APPROVE Temp,_Reso. #5358, SECONDED by
* C/M Hoffman.
Mrs. Carpenter -Craft said this request was being made
because of a change of ownership and the same use would
apply.
VOTE:
General Administrative
ALL VOTED AYE
10. MOTION TO APPROVE the City Manager's appointment of
Dale Len as cHief Building Official/Director of Building
Department.
SYNOPSIS OF ACTION:
APPROVED.
C/M Hoffman MOVED to APPROVE this appointment, SECONDED by
V/M Bender.
City Manager Kelly said when the previous Building
Official retired, he selected Dale Lee to be the Interim
Acting Director for the Building Department. He said Mr.
Lee has done an admirable job in Supervising the Building
Department and he recommended approval of this
appointment. He said Mr. Lee's title would be the Chief
Building Official/Director of Building Department.
Mayor Abramowitz congratulated Dale Lee.
VOTE:
Utilities/Engineering
ALL VOTED AYE
11. a. MOTION TO APPROVE Addendum #24 to the engineering
agreement with Hazen and Sawyer to prepare contract
documents for TUW Project #88-9, New Raw Water Supply
Wells #14 and #15, and to provide limited services
during construction in an amount not to exceed $21,700.00.
b. MOTION TO APPROVE the transfer of $26,000.00 from
Water CIAC funds to a new account to fund this project.
SYNOPSIS OF ACTION:
APPROVED a. and b.
* a. C/M Hoffman MOVED to APPROVE Item 11 a., SECONDED by V/M Bender.
Page 27
3/22/89
Bob Foy, Director of Utilities/Engineering, said the two
raw water wells were needed to handle the future growth
and they were identified in the Comprehensive Plan
submitted to the State. He said growth was projected by
the Community Development Department and he recommended
approval.
VOTE: ALL VOTED AYE
* b. C/M Hoffman MOVED to APPROVE Item 11 b., SECONDED by V/M Bender.
Mr. Foy said this request was for a new account to pay
for the project.
VOTE: ALL VOTED AYE
PersonDel De artment
14. MOTION TO ADOPT Tempv. Reso, #5354 relating to reorganization
of the Recreation Diision of He Public Works Park and
Recreation Department by the elimination of certain positions
and the creation of certain other positions within this
department.
SYNOPSIS OF ACTION: RESOLUTION NO. R-89-72 - PASSED
APPROVED.
City Attorney Doody read Temp,,. Reso. #5354 by title.
* C/M Hoffman MOVED to APPROVE Temp. Reso. #5354, SECONDED by
* V/M Bender.
City Manager Kelly said the Department would be
reorganized with this request. He said there are 5
positions authorized and there were 4 positions existing.
He the reorganization would be restructured to provide
for 4 positions which would result in an annual savings
of approximately $14,000.00 and he recommended approval.
Mayor Abramowitz asked if the reorganization would limit
the productivity of the Department and City Manager Kelly
said this change would not affect the Department and its
productivity.
VOTE:
Utilities/Engineering
13-4 W19YWW0W;F4VD
15. a. MOTION TO ADOPT Temp. Reso.. #5350 awarding Bid 89-4
in the amount of $9,748.00 to Maroone Chevrolet, Inc., for
one (1) 1/2 ton compact pickup truck 4X2 for the Utilities
Department.
b. MOTION TO ADOPT Temp. Reso. #5351 awarding Bid 89-5
in the amount of $9,748.00 to Maroone Chevrolet, Inc., for
one (1) 1/2 ton compact pickup truck 4X2 for the Utilities
Department.
c. MOTION TO ADOPT Tem Reso. #5352 awarding Bid 89-6
in the amount of 26,066.66 to Ed Morse Chevrolet, Inc., for
one (1) single axle dump truck (5 yards) for the Utilities
Department.
d. MOTION TO ADOPT Temp. Reso. #5353 awarding Bid 89-7
xn the amount of $20,243.24 to Ed Morse Chevrolet, Inc., for
one (1) 1 ton cutaway van for the Utilities Department.
Page 28
3/22/89
SYNOPSIS OF ACTION:
APPROVED a., b., C. and d.
RESOLUTION
NO.
R-89-73 -
PASSED
RESOLUTION
NO.
R-89-74 -
PASSED
RESOLUTION
NO,
R-89-75 -
PASSED
RESOLUTION
NO.
R-89-76 -
PASSED
City Attorney Doody read Temp. Reso. #5350 by title.
* a. V/M Bender MOVED to APPROVE Temp. Reso. #5350, SECONDED by
* C/M Hoffman.
Bob Foy, Director of Utilities/Engineering, said this
request was to replace a 1982 Datsun pickup truck used
and needed by the water distribution crew. He said the
existing truck had over 101,000 miles on it and was
constantly needing repair. He said staff and the Fleet
Maintenance Department recommend that this Item be
approved.
VOTE: ALL VOTED AYE
City Attorney Doody read Temp. Reso. #5351 by title.
* b. C/M Hoffman MOVED to APPROVE Temp Reso. #5351, SECONDED by
* V/M Bender.
Mr. Foy said this request was to replace an existing 1981
Dodge Ram truck that has over 115,000 miles. He said the
floor was rusted out and the clutch constantly needed
repairs on the existing vehicle and he recommended
approval of this Item.
Mayor Abramowitz said he knew that the equipment needed
to be replaced. He asked the City Manager to instruct
the Department Heads that they were responsible in
monitoring the repairs and the causes of those repairs to
avoid ill-use of the equipment.
VOTE:
ALL VOTED AYE
City Attorney Doody read Ted_ Reso. #5352 by title.
* c. V/M Bender MOVED to APPROVE Temp. Reso. #5352, SECONDED by
* C/M Hoffman.
VOTE: ALL VOTED AYE
City Attorney Doody read Temp Reso. #5353 by title.
* d. V/M Bender MOVED to APPROVE Temp. Reso. #5353, SECONDED by
* C/M Hoffman.
C/M Hoffman asked if the money was available for this
equipment and Mr. Foy replied, yes.
V/M Bender asked if the equipment was appropriated in the
Budget and Mr. Foy replied, yes.
VOTE: ALL VOTED AYE
General Administrative
19. MOTION TO ADOPT Temp. Ord. #1431 on first reading
creating tie pos ttion' o£ Director of Development Services.
SYNOPSIS OF ACTION:
APPROVED on first reading.
Page 29
3/22/89
TAPE 5
City Attorney Doody read Temp. Ord. #1431 by title.
V/M Bender MOVED to APPROVE Temp. Ord. #1431 on first reading
SECONDED by C/M Hoffman.
City Manager Kelly said he recommended that this position
be established which would assist in Code Enforcement.
He said this position was proposed to the City Council
last year; however, when the previous Director of
Utilities/Engineering .resigned, he withdrew the proposal.
He said he has been interviewing various applicants for
the position and he found Mr. Steven Oxenhandler to be
the appropriate person for the job. He said Mr.
Oxenhandler was the Assistant Director of the City of
Coral Springs and had extensive experience and background
in Code Enforcement.
City Manager Kelly said Mr. Oxenhandler developed a
3-week In --house and field training program to assist the
employees in their responsibilities and present proposals
appropriately to the Code Enforcement Board. He said
this would also assist in reducing the costs for Counsel.
City Manager Kelly said the staff met with Mr.
Oxenhandler and everyone was pleased that Mr. Oxenhandler
would be filling this position. He said the proposal
would not cost any additional funds. He said the
position budgeted for the previous Building Official was
in the amount of $49,500.00 and has been vacant since
October 31, 1989. He said the Director of Development
Services would be paid $40,000.00, which would result in
an annual savings of approximately $9,500.00. He said
there were two Assistant Director positions open, which
resulted in a savings of approximately $18,000.00 for the
year.
City Manager Kelly said this position would have
supervision over the permitting process. He said there
was a matter this morning which resulted in a problem
with coordination of staff because each Department Head
involved had no overview over each other's
responsibility. He said Mr. Oxenhandler would be able to
delegate the necessary steps which would result in a
better response time. He recommended approval of this
position.
ftel10PIF
ALL VOTED AYE
Mayor Abramowitz said the City Council approved all of
the City Manager's recommendations regarding Department
Heads and he was very pleased with the choices that City
Manager Kelly made. He said the City had a very
professional and reliable staff and he wished this
position to be as successful as the others.
23. MOTION TO AUTHORIZE the City Attorney to sign the necessary
documents to acquire party status in the Florida Power & Light
Certification Hearings.
SYNOPSIS OF ACTION:
APPROVED.
City Attorney Doody asked the City Council to Authorize
1
1
1
Page 30
3/22/89
his office to file the necessary documents for the City
to acquire party status in the Florida Power & Light
Certification Hearings.
* V/M Bender MOVED to APPROVE this Item, SECONDED by C/M Hoffman.
VOTE:
ALL VOTED AYE
V/M Bender suggested that copies of these documents be
sent to the surrounding Cities.
------------------------------------------------------------------
C/M Hoffman suggested that each Condominium and
Homeowners Association in the City be sent a copy of
Ordinance No. O-89-13.
Mayor Abramowitz suggested that the copies of this
Ordinance be sent with the notices regarding the City
Council Workshop on the Fire Codes and C/M Hoffman said
the Homeowners Associations would not receive the notice.
He said the copies should be sent out individually.
With no further business, Mayor Abramowitz ADJOURNED this
meeting at 2:00 P.M.
4144AJ� (L 4Mn.�4 -
N N ABRAMOWITZ, MAYOR
AROL A. EV NS, CITY CLERK
"This public document was promulgated at a cost of $228.00 or $28,50 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
APPROVED AT MEET G OE;.
v- g
City Clerk
Page 31