Loading...
HomeMy WebLinkAbout1990-04-25 - City Commission Regular Meeting MinutesCITY OF TAMARAC CITY COUNCIL REGULAR MEETING WEDNESDAY, APRIL 25, 1990 CALL TO ORDER Mayor Abramowitz called this meeting to order on Wednesday, April 25, 1990 at 9 00 A M in the Council Chambers MEDITATION AND PLEDGE OF ALLEGIANCE: Mayor Abramowitz called for the Pledge of Allegiance followed by a Moment of Silent Meditation PRESENT Mayor Norman Abramowitz Vice Mayor Bruce Hoffman Councilman Henry Schumann Councilman Dr H Larry Bender Councilman Henry Rohr ALSO PRESENT: John P Kelly, City Manager Alan F Ruf, Interim City Attorney Carol A Evans, City Clerk Pauline Walaszek, Secretary Community Development 9 MOTION TO ADOPT Temp_ Reso #5769 approving a revised site plan_ for WOODMONT COUNTRY CLUB reflecting an additional dining area and storage area at the Halfway House and pool area SYNOPSIS OF ACTION TABLED for payment of fees * V/M Hoffman MOVED to TABLE Temp Reso #5769 for payment * of fees, SECONDED by C/M Bender VOTE ALL VOTED AYE 13 PUBLIC HEARING - MOTION TO ADOPT Temp_ Ord #1472 on first rea3ingrconcerning a request by SABAL PALMS LTD , to rezone lands at the north east corner of Commercial Boulevard and Rock Island Road from R-4A (Planned Apartments) to B-1 (Neighborhood Business) utilizing the 5% flexibility rule for commercial development in a residential land use area not to exceed 10 acres Petition #41-Z-89 (tabled on 2/28/90) SYNOPSIS OF ACTION TABLED at the request of the Petitioner to the May 23, 1990 City Council meeting at 10 00 A M * V/M Hoffman MOVED to TABLE Temp Ord_ #1472 at the * request of the Petitioner until the City Council meeting * on May 23, 1990 at 10 00 A M SECONDED by C/M Rohr VOTE Page 1 4/25/90-pw ALL VOTED AYE 14 PUBLIC HEARING - MOTION TO ADOPT Temp Ord #1485 on first reading concerning a -request -by FLORYDA POWER & LIGHT COMPANY/AL HERNANDEZ to rezone lands at the extreme southwest corner of Land Section 7, west of the Sawgrass Expressway and north of Commercial Boulevard, from R-4A (Planned Apartments), R-3 (Low Density Multiple Dwelling) and A-1 (Limited Agricultural) to R-4A (Planned Apartments) Petition #4-Z-90 (Tabled on 4/11/90) SYNOPSIS OF ACTION TABLED at the request of the Petitioner to the May 9, 1990 City Council meeting at 7 30 P M * V/M Hoffman MOVED to TABLE Temp Ord_ #1485 at the * request of the Petitioner to the City Council meeting on * May 9, 1990 at 7 30 P M , SECONDED by C/M Rohr VOTE INTRODUCTION ALL VOTED AYE 1 PRESENTATION by City Manager Kelly of an award to IRENE ADAMS for twenty-one years of dedicated service to the City SYNOPSIS OF ACTION PRESENTATION was made City Manager Kelly said he was very pleased to present this award to Irene Adams for 21 years of service with the City He wished her the best of times during her retirement and he announced that today was also Ms Adams 65th Birthday At this time Mayor Abramowitz escorted Ms Adams to the Dais He said Ms Adams deserved to know what it felt like to sit at the dais 2 PRESENTATION by City Manager Kelly of five-year servicei awards to J6HN BRANDT, Building Department, and GREGORY MISHLER Utilities West, SHIRLEY KRUGER Customer Service, and a fifteen -year service award to CAROL EVANS City Clerk SYNOPSIS OF ACTION PRESENTATIONS were made John Brandt, Building Department, was not present and Angie LoSasso accepted the award for Shirely Kruger City Manager Kelly presented five-year service awards Gregory Mishler, Utilities West and Angie LaSasso accepted the award for Shirley Kruger who was not present John Brandt Building Department was not present City Manager Kelly presented a fifteen -year service award to Carol A Evans, City Clerk 3 PRESENTATION by Mayor Abramowitz of a proclamation designating May 9, 1990 as "RICK SHAW DAY" SYNOPSIS OF ACTION v PRESENTATION was made Mayor Abramowitz read the proclamation into the record and presented it to Rick Shaw 1 1 1-1 Page 2 4/25/90-pw Rick Shaw said he was pleased to be associated with the many people he has in the past 30 years He thanked the City Council and Mayor for the proclamation 4 PRESENTATION by Mayor Abramowitz of a proclamation designating the week of April 22-28, 1990, as "NATIONAL CONSUMERS WEEK" _SYNOPSIS OF ACTION PRESENTATION was made Mayor Abramowitz read the proclamation into the record and presented it to Irving Lopatey, Chairman of the Consumer Affairs Board Mr Lopatey said on behalf of the members of the Consumer Affairs Board he thanked the City Council and Mayor for this recognition 5 a PRESENTATION by Mayor Abramowitz of Certificates of Appreciation to the following members of the Census Task Force Larry Gutterman Bernie Simms Hank Markowitz Sid Fradin George Laitin Stanley Monsky Jo Wright Bill Rothwell b PRESENTATION by Mayor Abramowitz of Certificates of Appreciation to the following census volunteers Shirlee Hoffman Max Weitz Al Levine Lawrence Feinberg Morton Winter SYNOPSIS OF ACTION_ PRESENTATIONS were made George Laitin, Stanley Monsky, Jo Wright Bill Rothwell, Max Weitz, Al Levine Lawrence Feinberg were not present Mayor Abramowitz said the Census Task Force members and volunteers created a very special position for the City of Tamarac and the surrounding Cities He said the Government would be using the Agendas of the Tamarac Census Task Force as a guideline for any future census Mayor Abramowitz read a Certificate of Appreciation and presented them to the members and volunteers of the Census Task Force George Laitin, Stanley Monsky, Jo Wright, Bill Rothwell, Max Weitz, Al Levine Lawrence Weinberg were not present CONSENT AGENDA - ITEM 6 a through 1 City Attorney 6 a MOTION TO APPROVE an Amended Disclosure Statement in the Tamarac -Oxford bankruptcy settlement (SPRING HOUSE) SYNOPSIS OF ACTION APPROVED Page 3 4/25/90--pw City Clerk b MOTION TO APPROVE the minutes of the following City Council meetings 1 3/26/90 - Special Meeting 2 3/28/90 - Regular Meeting 3 4/06/90 - Special Meeting SYNOPSIS OF ACTION_ APPROVED b 1 2 and 3 c MOTION TO APPROVE renewal of a model sales permit for MISSION LAKES/CORAL CREEK in Unit 107 at 6900 Southgate Boulevard for a six-month period from 5/24/90 to 11/24/90 SYNOPSIS OF ACTION: APPROVED d MOTION TO APPROVE renewal of a model sales permit and waiver of the Y00-foot distance requirement for issuance of certificates of occupancy for WOODMONT TRACT 72-A (WALDEN POND) for a six-month period from 6/11/90 to 12/11/90 SYNOPSIS OF -ACTION APPROVED nW Community Development e MOTION TO APPROVE a model sales permit and waiver of the 300-foot distance requirement for issuance of certificates of occupancy for LAKE COLONY (BROOKWOOD GARDENS) for a six-month period from 4/25/90 to 10/25/90 SYNOPSIS OF ACTION APPROVED - __ f MOTION TO ADOPT Temp Reso #5767 rescinding Resolution R-90-87 and releasing a cash performance bond in the amount of $1 554 00 posted for landscaping by STARR CENTER SYNOPSIS OF ACTION RESOLUTION R-90-109 - PASSED APPROVED g MOTION TO ADOPT Temp Reso #5781 authorizing Property System, Inc -PSI) and King Promotions to sponsor a Health, Beauty and Fitness Fair at MIDWAY PLAZA on Saturday May 12, 1990 SYNOPSIS OF ACTION RESOLUTION R-90-110 - PASSED �APPROVED�v _ Engineering/Utilities h 1 MOTION TO ADOPT Temp Reso #5774 accepting a Partial Subordination of Encumbrance to Property Rights offered by the Federal Deposit Insurance Corporation for certain water and sewer easements for THE LANDINGS ON CYPRESS GREENS project 2 MOTION TO ADOPT Temp Reso #5775 accepting a Water' -and Sewer Utility Easement offered by The Landings on Cypress Greens and Fairmont Development Corporation for THE LANDINGS ON CYPRESS GREENS project Page 4 4/25/90-pw 1 1 3 MOTION TO ADOPT Temp Reso #5776 accepting a Water and Sewer Utility Easement offered by The Landings on Cypress Greens Homeowners Association, Inc for THE LANDINGS ON CYPRESS GREENS project 4 MOTION TO ADOPT Temp Reso #5777 accepting a bill of sale for the water distilbCtion and sewage collection system improvements offered by The Landings on Cypress Greens and Fairmont Development Corporation for THE LANDINGS ON CYPRESS GREENS project SYNOPSIS _OF ACTION RESOLUTION R-90-111 - PASSED A PPROVED h 1 , 2 , 3 RESOLUTION R-90-112 - PASSED and 4 RESOLUTION R-90-113 - PASSED RESOLUTION R-90-114 -- PASSED i MOTION TO ADOPT Temp Reso #5768 releasing Performance Bond-452-11151 in the amount of $3,500 00 posted for the PICCADILLY CAFETERIA driveway entrance subject to receipt of a one-year warranty bond in the amount of $2 165 00 SYNOPSIS OF ACTION APPROVED RESOLUTION R-90-115 -- PASSED MOTION TO APPROVE purchase of road reflectors and anchoring adhesive in the amount of $7,852 00 under state contract pursuant to Section 6-155 of the City Code SYNOPSIS OF ACTION APPROVED_ k 1 MOTION TO ADOPT Temp Reso #5778 accepting a Partial Subordination of Encumbrance to Property Rights offered by Government National Mortgage Association for a drainage easement and a Flo Thru Easement for the FOREST WEST project on NW 64 Avenue (north portion) 2 MOTION TO ADOPT Temp Reso #5779 accepting a Drainage Easement offered Fy Unicom Partnership Ltd for the FOREST WEST project on NW 64 Avenue (north portion) 3 MOTION TO ADOPT Tema Reso #57 80 accepting a Flo- Thru Easement -offered by Unicom-Partnership Ltd for the FOREST WEST project on NW 64 Avenue (north portion) SYNOPSIS OF ACTION u� APPROVED k 1 , 2 and 3 Public Works Department RESOLUTION R-90-116 - PASSED RESOLUTION R-90--117 - PASSED RESOLUTION R-90-118 - PASSED 1 MOTION TO ADOPT Temp Reso #5773 creating a Foreman position -and eliminating a Crew Leader position within the Public Works Department SYNOPSIS _OF ACTION RESOLUTION R--90-119 - PASSED APPROVED * C/M Rohr MOVED to APPROVE Consent Agenda Item 6 a * through 1 , SECONDED by V/M Hoffman VOTE ALL VOTED AYE Page 5 4/25/90-pw CONSIDERATIONS Engineering/Utilities 7 TUW 90-02, Rock Island Road Force Main, and TUW Project 90-03, Rock Island Road Water Main a MOTION TO APPROVE a construction permit fee estimated to cost $8 600 00 made payable to Broward County Public Works Department, Engineering Division, for Rock Island Road Force Main and Water Line installation by TUW forces for TUW Projects 90-02 and 90-03 b MOTION TO AUTHORIZE the Finance Department to issue a check made payable to Broward County Public Works Department, Engineering Division, splitting the permit fee costs for TUW Projects 90-02 and 90-03 as follows 1) 18% to Force Main Account 425-367-535-6PN 2) 82% to Water Main Account 425-364-533-6NS c MOTION TO AUTHORIZE the Risk Manager to issue a letter of-redit to Broward County, Public Works, not exceeding $25,000 00 against the City's self insured account in lieu of the City formally securing and posting a $25 000 00 performance and payment bond, permitting TUW forces to perform pipeline work along Rock Island Road in Broward County Public Works right-of-way TUW Projects 90- 02, Rock Island Road Force Main and 90-03, Rock Island Road Water Main SYNOPSIS OF ACTION APPROVED 7 a , b and c * a C/M Rohr MOVED to APPROVE Item 7 a , SECONDED by C/M * Bender Bob Foy, Director of Utilities/Engineering said this was a request to pay a permit fee to Broward County so the City could proceed with the force main and water line project on Rock Island Road V/M Hoffman asked if the funds were available for this project and Mr Foy replied yes V/M Hoffman asked if the funds came out of the Utilities Funds and Mr Foy replied, yes, the funds would be taken from the Utilities Revenue Account I V/M Hoffman asked if Mr Foy would address the City Council next year concerning the need to increase the water fees because of the expenses required for this project and Mr Foy said the expenses would not be increased next year because of this year's project V/M Hoffman asked if the Bond Indenture would have any affect next year and Mr Foy replied, no VOTE ALL VOTED AYE * b V/M Hoffman MOVED to APPROVE Item 7 b , SECONDED by * C/M Schumann Mayor Abramowitz said this Item indicated that there would be a split of cost based on the percentage the project would need and Mr Foy agreed Page 6 4/25/90--pw 1 L- I I VOTE ALL VOTFD AYE_ * c V/M Hoffman MOVED to APPROVE Item 7 c , SECONDED by * C/M Schumann Mayor Abramowitz said he was very pleased with how this matter was being done C/M Bender asked how long the bond money would be held and Mr Foy said there was no money being held; however, the funds were an encumbrance in case the City failed on the project C/M Schumann asked if the funds had to be accounted for when the City provided a Letter of Credit and Mr Foy said the funds were available in the self-insurance program VOTE ALL VOTED AYE RESOLUTIONS Community Development 8 a MOTION TO ADOPT Temp Reso #5784 amending the PORTOBELLO PLAT restriction note to permit 31,000 S F of retail use and 7,000 S F of office use b MOTION TO ADOPT Temp Reso #5771 amending Paragraphs 5 ane6 of Stipulation #19 in Case No 72-11731-CZ with respect to prohibited uses and landscaping for lands located at the southwest corner of University Drive and NW 82 Street c MOTION TO ADOPTTempa _Reso _#5770 approving a site plan for WALGREENS WOODMONT SHOPPES (platted as PORTOBELLO) at the southwest corner of University Drive and NW 82 Street SYNOPSIS OF ACTION RESOLUTION R-90-120 - PASSED APPROVED 8 a, b and c RESOLUTION R-90-121 - PASSED RESOLUTION R-90-122 - PASSED Interim City Attorney Ruf read Temp Reso #5784 by title * a V/M Hoffman MOVED to APPROVE Temp Reso_ #5784 SECONDED * by C/M Rohr Kelly Carpenter, Director of Community Development, said this was a plat amendment request by Build -To -Suit on the Portobello Plat She said the plat consisted of 4 182 acres of land and the parcel was designated Commercial on the Land Use Plan which was currently zoned B--2 Ms Carpenter said Chapter 21 of the Code provided criteria for the review of plats and that criteria applied to this plat She said the request was to amend Note l on the face of the plat from, "This plat is restricted to 63,000 square feet of office", to "This plat is restricted to 7,000 square feet of office use and 31,000 square feet of retail use" Ms Carpenter said when the plat was approved several years ago, the applicant was proposing a large office building; however, the applicant anticipated retail uses and small offices She said the plat needed to be amended to reflect this Ms Carpenter said the application was in compliance with all elements of the Comprehensive Plan and all applicable services and facilities including, regional roads were being provided She recommended approval of the request VOTE ALL VOTED AYE Page 7 4/25/90-pw Interim City Attorney Ruf read Temp Reso #5771 by title * b V/M Hoffman MOVED to APPROVE Temp Reso #5771 SECONDED * by C/M Bender Ms Carpenter said the original Stipulation that ran with the property prohibited a list of uses including athletic clubs, banks, civic associations, convenient stores, institutions funeral homes, lodge halls, reducing salons, savings and loans and theaters She said the prohibited uses were reduced to prohibit athletic clubs and gyms, convenience stores, funeral homes and lodge halls because of discussions the applicant had with the surrounding residents Ms Carpenter said Item #6 in the original Stipulation provided for 42 inch high berms along University Drive and NW 82 Street, which were in excess of the minimum requirements of the Code She said the berms were required as an attempt to provide extra landscaping for the 5-story office building She said the applicant had not provided 42 inch high berms, however, the site plan would be introduced as Item 8 c on the Agenda Ms Carpenter said the applicant provided three layers of landscaping, ground cover, bushes, street trees and a 36- inch high berm She said staff felt very strongly that the applicant provided an excess of the Code requirements and better met the intentions of the landscape requirements of the 42 inch berm She recommended that the Stipulation be changed to reflect this Ms Carpenter said the Stipulation provided amendment by Resolution of the City Council Mayor Abramowitz said the applicant met with the Woodmont Property Owners Association which represented the people residing in the Woodmont area He said he received a call from the President of the Association who informed him that they were pleased about the plans VOTE Interim City Attorney Ruf read title * c V/M Hoffman MOVED to APPROVE * by C/M Bender I ALL VOTED -AYE Temp Reso #5770 by Temp Reso #5770 , SECONDED Ms Carpenter said this was the final site plan submitted by Build -To -Suit Partners She said the Plan proposed a commercial retail and office plaza which included a Walgreens She said the Land Use Plan designated the lands as commercial and the parcel was zoned B-2 She said the applicant paid future traffic impact fees of $36,397 81 She said the site plan was reviewed by the Tamarac Site Plan Review Committee and these comments were attached in the City Council's packet She said the applicant satisfied all of the comments Ms Carpenter said the land use surrounding the parcel was North Commercial South Residential East Commercial West Commercial/Recreation Ms Carpenter said the application was in compliance with all elements of the Comprehensive Plan and all applicable services and facilities including regional roads were being provided She said the Planning Commission recommended approval of this request however, they had comments, which were not incorporated into their Motion 1 I Page 8 4/25/90-pw She said the Planning Commission wanted to stress the presence of the 6 foot high wall along the Country Club She said the Planning Commission felt that there should be bushes and/or irrigation and painting committed to by the applicant for the west side of the wall She said the applicant was willing to work with the County Club in keeping this maintained Ms Carpenter recommended approval of the site plan which was exhibited for the audience Mayor Abramowitz said he understood that the Association would like to see the wall covered by ivory He said he understood the applicant agreed to do this VOTE ALL VOTED AYE Engineering/Utilities 10 MOTION TO _ADOPT Temp Reso #5772 awarding Bid #90-9 in the amount of $3,640 00 to Pump & Equipment Co Inc , to furnish two (2) grinder pumps and all appurtenances for TUW Pro3ect #90-5, Pump Station for City Complex at Land Section 7 SYNOPSIS OF ACTION RESOLUTION R-r90-123 - PASSED APPROVED Interim City Attorney Ruf read Temp Reso #5772 by title * V/M Hoffman MOVED to APPROVE Temp Reso #5772 , SECONDED * by C/M Bender Bob Foy, Director of Utilities/Engineering, said this request was for approval to purchase two grinder pumps to complete the Land Section 7 lift station that would service the Public Works Complex He said the low bidder was selected and the funds would be from the CIAC funds He recommended approval VOTE Finance De artment ALL VOTED AYE 11 MOTION TO ADOPT Temp Reso #5782 authorizing the City Manager and the Finance Director to execute certain documents for purchase and issue of U S Treasury securities as required by the Escrow Agreement with First National Bank of Tampa pertaining to the 1985 Water and Sewer Utility Revenue and Refunding Bonds SYNOPSIS OF ACTION_ RESOLUTION R--90-124 -- PASSED APPROVED as amended Interim City Attorney Ruf read Temp Reso _#57 82 by title w Ken Burroughs, Finance Director, said he did not know if the Resolution should be changed and City Manager Kelly said it was suggested that his name be added to this Resolution Mr Burroughs said in 1985, the City issued water and sewer revenue bonds to refund a 1980 issue He said the proceeds from the 1985 issue were turned over to First Florida Bank by escrow agreement and treasury bills were bought He said the 1980 principal and interest were paid from the proceeds of the treasury bills on the maturity dates up to the year 2010 Mr Burroughs said from time to time there was money left in the account which had to be invested in interest bearing Government Securities because of IRS regulations Page 9 4/25/90-pw in the escrow agreement He said this was the first time in three years that there was money to invest in the amount of $9 300 00 He said a subscription for the investments would be sent to the Federal Reserve Bank Mr Burroughs said every once in a while this procedure must be done immediately however, this was required for May 10, 1990, which gave the City plenty of time to make the transaction He said this request was for authorization for someone to endorse the transfer of the funds into the Federal Reserve Bank Mayor Abramowitz said he favored the suggestion that the City Manager be allowed to endorse the transfer along with, the Finance Director C/M Schumann asked if the funds would not be collecting interest because of being in escrow and Mr Burroughs replied yes and because it was a refunding issue in IRS regulations V/M Hoffman asked if the funds were surplus and Mr Burroughs said the money would be in a temporary idle account V/M Hoffman asked if the funds became temporary idle money and Mr Burroughs said he assumed that the registered principal and interest of the securities did not claim thel funds and wanted to invest the money until the next principal and interest date V/M Hoffman asked if the money would be claimed at a later date and Mr Burroughs said the money would eventually be claimed V/M Hoffman asked if this was surplus money accumulated by an overpayment and Mr Burroughs replied, no * C/M Rohr MOVED to APPROVE that the City Manager and �* Finance Director be authorized to endorse certain * documents SECONDED by V/M Hoffman VOTE ALL VOTED AYE TAPE 2 w I* V/M Hoffman MOVED to APPROVE Temp _Reso #5782 as * amended SECONDED by C/M Rohr VOTE ALL -VOTED AYE Community Development 18 _MOTION TO ADOPT Temp- Ord #1487 on first reading to amend Chapter 24 to create the Special Utility (SU) District SYNOPSIS OF ACTION: APPROVED on first reading Second reading will be held at 7 30 P M on Wednesday May 9, 1990 Interim City Attorney Ruf read Temp Ord #1487 by title * C/M Rohr MOVED to APPROVE Temp Reso #1487 , SECONDED by * C/M Bender Kelly Carpenter, Director of Community Development, said the City Council recently held a Workshop on this Item She said at the Workshop the City Council asked for a change on Page 3, sixth line, which indicated, "Any combination of hedges, berms and walls shall be at least 6 feet in height at the time of installation in the commercial areas" Ms Carpenter said it was her policy not to change Ordinances at a Workshop meeting, therefore, she was Page 10 4/25/90--pw informing the City Council about those changes at this time Mayor Abramowitz asked if Ms Carpenter was requesting a change and Ms Carpenter replied yes, to reflect the City Council discussion at their Workshop held on Thursday, April 19, 1990 She said the minimum height of hedges, berms and walls should be changed from 04 feet" to "5 feet" V/M Hoffman said Page 4, indicated "in all other cases utility and communications towers shall not exceed 130 feet in height" He said the City Council requested that "in utility districts only" be added to that provision He said the City Council did not want mistakes for the future and it was agreed that the added provision would cover all bases V/M Hoffman said he would like "in a utility district", added to the Ordinance He said he wanted to make sure that the interpretation was not misunderstood Ms Carpenter said where the electric utility was locating legal lines based on its franchise agreement with the City or based on the authority granted to the Public Service Commission Department of Environment Regulations and Chapter 403 of the Florida Statutes, it was possible that the towers could exceed either one of the heights listed in the Ordinance because the City was not regulating corridors, private easements or the public rights -of -way through which Florida Power & Light had the right to run utility poles at this time She said the only thing being regulated at this time was the utility site V/M Hoffman said he wanted it to be clear that this was what the Ordinance addressed Mayor Abramowitz said he did not recall this occurring at the meeting He said Ms Carpenter informed the City Council that anything covered under the franchise or by the Public Service Commission could not be controlled by the City He said if V/M Hoffman dad not agree with the Ordinance, he should vote against it C/M Rohr said there would be no lines crossing the City other than in the existing corridors and Ms Carpenter said Florida Power & Light could do what they wanted in their own corridors Ms Carpenter said if the City added language only in special utility distracts concerning the height of the poles, there would be problems with the provisions of the franchise agreement C/M Rohr asked if Ms Carpenter was satisfied with the language in the Ordinance and Ms Carpenter replied yes C/M Bender asked if the Ordinance addressed the utility district and Ms Carpenter replied, yes C/M Bender asked if this would be applicable to the rest of the document and Ms Carpenter replied yes C/M Bender said the heading of the Ordinance indicated what was interpreted in the Ordinance and Ms Carpenter replied yes V/M Hoffman asked how the language he wanted added to the Ordinance would affect the franchise arrangement out of the utility district Ms Carpenter said she would defer this matter to Interim City Attorney Ruf however, she wanted the City to be very careful in their actions regarding the franchise agreement Page 11 4/25/90-pw Interim City Attorney Ruf said everyone understood that this Ordinance only affected those areas that were zoned as Special Utility (SU) V/M Hoffman asked if the City would be in jeopardy by adding his suggested provision in the Ordinance and Interim City Attorney Ruf said he was not aware of whether the provision would harm the Ordinance, however, it was clear Subdivision 8 indicated that if the utility dlBtrirt or any other utility district abutted a residential community the towers would not exceed 80 feet or 130 feet of any other property Mayor Abramowitz said at this particular meeting, Florida Power & Light agreed that the only lines from the proposed substation would be in the corridors He said as a result, he felt that the additional language was redundant He said staff was indicating that the City had no right to interfere with Florida Power & Light if they were using the existing corridors He said it would not be appropriate or a requirement to put the provision stated by V/M Hoffman into the Ordinance Mayor Abramowitz said the City won the victory by stopping Florida Power & Light from putting lines in the City He said Florida Power & Light would only be putting lines in their existing corridors He said staff has informed the City Council that they could not control the existing corridors He said he understood V/M Hoffman's concerns and he agreed with him; however, he did not know if it had any bearing in this document VOTE Mayor Abramowitz - Aye �- V/M Hoffman - Nay C/M Bender -- Aye C/M Rohr - Aye C/M Schumann - Aye At 9:55 A M , Mayor Abramowitz RECESSED this meeting and RECONVENED at 10 05 A M , WITH ALL PRESENT i Community Development 12 PUBLIC HEARING - MOTION TO ADOPT TemR_ Reso _#5783 concerning a request by BUILD -TO -SUIT AGENTS, for a limited parking waiver to allow twenty-one (21) zero degree parking spaces for a proposed development to be located at the southwest corner of Nw 82 Street and University Drive (platted as PORTOBELLO) for the proposed WALGREENS WOODMONT SHOPPES Petition #5-Z-90I SYNOPSIS OF ACTION RESOLUTION R-90-125 -PASSED APPROVED Interim City Attorney Ruf read Temp Reso #5783 by title V/M Hoffman MOVED to APPROVE Temp_ Reso _#5783 , SECONDED by C/M Rohr r Kelly Carpenter, Director of Community Development, said this request was submitted by Build -To -Suit Partners She said the City Council recently approved the site plan and the request was for 21 zero degree parking spaces on their property Ms Carpenter said the parking spaces would be parallel She said the applicant was not asking for a waiver or the parking requirements to be less She said the applicant was at or exceeded the minimums in the Code She said the Planning Commission recommended approval at their April 18 1990 meeting and she recommended approval 1 1 Ll Page 12 4/25/90-pw Mayor Abramowitz asked Ms Carpenter to inform the City Council of the Planning Commission's actions on Items in the future Mayor Abramowitz opened and closed the Public Hearing with no response VOTE ALL VOTED AYE ORDINANCES Community Development 15 a MOTION TO ACCEPT Affidavits of Publication, Mailing and Posting -for Temp Ord #1489 Petition #7-Z-90 b PUBLIC HEARING -MOTION TO ADOPT Temp Ord #1489 on first reading concerning a request by MORTY_WOLF, TRUSTEE, to rezone lands at the northeast corner of McNab Road and NW 80 Avenue (Parcel A of WOODMONT PLAZA) from B-6 (Business District) to B-1 (Neighborhood Business) Petition #7-Z-90 SYNOPSIS OF ACTION PUBLIC HEARING was held a ACCEPTED Affidavits b APPROVED on first reading Second reading will be held at 7 30 P M on Wednesday, May 9 1990 * a C/M Schumann MOVED to ACCEPT Affidavits for Temp Ord #1489 , * SECONDED by V/M Hoffman VOTE ALL VOTED AYE Interim City Attorney Ruf read Temp,_Ord #1489 by title * b C/M Rohr MOVED to APPROVE Temp Ord #1489 on first reading * SECONDED by C/M Schumann Kelly Carpenter, Director of Community Development, said this application was submitted by Morty Wolf and the property was currently designated commercial on the Tamarac Land Use Map She said the land was currently zoned B-6 (Business District) Ms Carpenter said the property was known as Woodmont Plaza and had an approved site plan She said currently Jack La Lanne Health and Fitness Center was in the shopping center She said the area was outlined in pink in the City Council's packet She said the 1 65 acre site was developed as a professional plaza and conformed to the B-6 setbacks of 25 foot street, 20 foot interior, 20 foot side and 20 foot rear setbacks She said Section 24-328(b) provided for medium setbacks which were more restrictive than the B-6 Ms Carpenter said the B-1 setbacks were more restrictive than the B-6 setbacks She said street, yards and rear yards adjacent to the residential area were 50 feet and the rezoning would create a non -conforming parcel with respect to setbacks Ms Carpenter said rezoning from B-6 to B-1 did not move the building She said the building would remain as it was currently developed in B-6 She said the B-1 setback would require 50 feet as opposed to 20 feet She said additions to the building would be precluded where the building would be considered in the setbacks of the B-1 Code Ms Carpenter said the surrounding land uses and zoning districts were North Low/Medium Residential South Medium Residential East Community Facility West Commercial Page 13 4/25/90--pw Ms Carpenter said B-1 zoning was in conformance with thelLand Use Plan She said B--1 was a neighborhood district and staff did not object to the proposed use being at this locationo She said the Planning Commission approved this application at their April 4, 1990 meeting subject to the Petitioner furnishing a restrictive covenant prohibiting propane gas„ sales and lawn maintenance businesses She said the applicant provided this restrictive covenant to the City C/M Rohr asked if the City intended to eliminate all of the B-6 zones in the City and Ms Carpenter replied, yes, the category but not the office uses V/M Hoffman asked why this rezoning was being requested since there was nothing proposed for the property and Ms Carpenter said the applicant visited her office approximately 10 weeks ago requesting approval for a tanning salon She said staff felt this was a legitimate use; however, this type of business was not allowed in the B-6 zone She said the business was allowed in the B-1, B-2 and B-3 districts She said based on the City turning down their building application because of the zoning problems therefore, the applicant submitted a request to rezone the entire property to B-1 V/M Hoffman asked if the applicant could have come for a waiver for that use and Ms Carpenter replied no because the Florida Law did not provide for use waivers Mayor Abramowitz asked if the tanning salon would be the game as in Midway Plaza and Ms Carpenter said staff reviewed this matter and found it to be a legitimate operation Mayor Abramowitz said he was opposed to rezoning unless tbe77e was a specific reasons however the City Council consistently heard about vacant shopping centers He said he wanted the City to have business that enhanced the beautification Mayor Abramowitz Opened the Public Hearing Anthony Grimaldi, Resident, said there was a shopping plaza across the street from this property which was zoned B-2 Re asked why the applicant wanted to rezone the parcel to B-21 as opposed to having his business at the shopping center across the street Mayor Abramowitz said the applicant may not want to have his business at the shopping plaza Mr Grimaldi said there were stores presently available for businesses and Mayor Abramowitz said the property under discussion was a shopping plaza which was almost vacant Mr Grimaldi said he was aware of this however there were several stores vacant He said zoning the property to B-2' would require a break down of the various stores He said he did not know how the small stores could be used for small) businesses Phil Glassman, partial owner of the property, said he was' presently managing the property He said the zoning request was because the existing uses of the property were consistent with B-1 zoning He said the B-6 zoning was never apprcpiiate for the location He said the only uses being requested Were B-1 uses and every time a potential renter wanted to put business in the area a variance was needed Mr Glassman said he worked with the Community Development Department which did not object to the rezoning of the property He asked the City Council to consider the rezoning request Mayor Abramowitz Closed the Public Hearing with no furthers response Page 14 4/25/90-pw VOTE ALL VOTED AYE 16 a MOTION TO ACCEPT Affidavits of Publication, Mailing and Posting for Temp Ord- #1490 Petition #8-Z-90 b PUBLIC HEARING - MOTION _TO ADOPT Temp Ord #1490 on first reading concerning i request by CUMMINGS, BIFFAR and PARKS to rezone lands on the south side of Mc Nab Road, approximately 1/2-mile west of Nob Hill Road, from R-4A (Planned Apartments) to LI-1 (Light Industrial) to conform to the Broward County Land Use Plan Petition #8-Z-90 SYNOPSIS OF ACTION PUBLIC HEARING was held a ACCEPTED Affidavits b APPROVED on first reading Second reading will be held at 7:30 P M on Wednesday May 9, 1990 * a V/M Hoffman MOVED to ACCEPT Affidavits of Publication, Mailing * and Posting for Temp Ord_ #1490 , SECONDED by C/M Rohr VOTE ALL VOTED AYE Interim City Attorney Ruf read Temp Orl #1490 by title * b V/M Hoffman MOVED to APPROVE Temp -Ord #1490 on first * reading, SECONDED by C/M Rohr Kelly Carpenter, Director of Community Development, said this application was a request to rezone lands from R-4A (Planned Apartments) to LI-1 (Light Industrial) She said the property was located in the north half of Land Section 7 and abutted Mc Nab Road on the south and north sides She said all of the land was currently designated Industrial on the City's Land Use Plan and was a zoning request to conform with the Land Use Plan Ms Carpenter said the only appropriate distract was LI--1 and the applicant was seeking to rezone their 6 99 acres to LI-1 She said the Planning Commission recommended approval of the rezoning at their April 18, 1990 meeting and staff recommended approval Mayor Abramowitz asked if the rezoning conformed with the Land Use Plan and Ms Carpenter replied, yes Mayor Abramowitz opened and closed the Public Hearing with no response VOTE ALL VOTED AYE 17 PUBLIC HEARING - MOTION TO ADOPT Temp Ord #1458 on second reading to amen"ection 24-576 of the Code by establishing permitted and prohibited off --street parking uses SYNOPSIS OF ACTION ORDINANCE R-90-14 - PASSED PUBLIC HEARING was held APPROVED on second and final reading Interim City Attorney Ruf read Temp Ord--#1458 by title * V/M Hoffman MOVED to APPROVE Temp Ord #1458 on second * reading, SECONDED by C/M Rohr Kelly Carpenter Director of Community Development, said this Ordinance was intended to stop vehicles with signs on them from advertising business in a shopping center and parking along the arterial street frontage She said staff was very careful on the definitions and the performance standards Page 15 4/25/90-pw Ms Carpenter said it seemed best to regulate parking as opposed to place a provision in the Sign Ordinance She said the Ordinance defined permitted and prohibited parking She read a portion of the Ordinance into the record Ms Carpenter said the Planning Commission and staff recommended approval Mayor Abramowitz opened and closed the Public Hearing with no response VOTE ALL VOTED AYE Mayor Abramowitz said he did an informal survey in the City of Lauderhill based on the intent of this Ordinance He said there were several establishments that parked near the street with advertisement on them He said he approved of this Ordinance because it would add to the beautification of the City At 10 26 A M , Mayor Abramowitz RECESSED this meeting and RECONVENED at 10 30 A M , WITH ALL PRESENT 19 MOTION TO ADOPT Temp Ord #1470 on first reading to amend Chapter 24, Division 23, of the Code to delete and add certain permitted uses and to delete and add certain prohibited uses within the LI-1, Light Industrial District SYNOPSIS OF ACTION APPROVED on first reading Second reading will be held at 7:30 P M on Wednesday, May 9 1990 Interim City Attorney Ruf read Temp Ord #1470 by title C/M Rohr MOVED to APPROVE Temp_ Ord #1470 on first resdin;, SECONDED by C/M Schumann Kelly Carpenter, Director of Community Development, said this was staff proposals to amend the Light Industrial District; She said the purpose of these amendments was the following 1) To revise the list of permitted uses to include a more extensive use of permitted uses incorporating much of the language as to permitted uses which was already included in the Tamarac and Broward County Land Use Plans 2) To revise the list of prohibited uses to allow more extensive permitted uses and to prohibit certain utility uses 3) The building envelope regulations which are contsine3 in the LI-1 Ordinance were not affected by this Ordinance Ms Carpenter said the Planning Commission recommended approval of this Ordinance and requested the sale of prDpalne gas and repairs be deleted from the list of permitted heavy commercial uses Ms Carpenter said staff spent several hours discussing item 2 under permitted uses which dealt with wastewater lift stations, electric transformers or devices designed to serve similar purposes She said a voltage not exceeding 35KV was designed to serve only the allowed uses in the adaacent lalnds designated L-1 She said there were discussions concerning Page 4, prohibited uses She said this section indicated, "landfills, resource recovery facilities, transfer stations, electric generating plants and electric utility substations" as prohibited uses I f 1 Page 16 4/25/90--pw Ms Carpenter said Page 3, eight lines from the bottom, the second word "or" should be "of" She said the Planning Commission and staff recommended approval of the Ordinance V/M Hoffman asked if the Ordinance would indicate the prohibition of electric relay stations and Ms Carpenter said substations would be prohibited as indicated at the top of Page 4 VOTE ALL VOTED AYE Mayor Abramowitz said it was unfortunate that the residents were not aware of the problems the Community Development Department has been through since the beginning of the Comprehensive Land Plan He said he was very concerned that there were many people who have been involved and had the best intentions for the welfare of the City He said the City Council was very fortunate to get the information and expertise of the experts; however, the world was changing and the City had to go along with the needed changes He said if the City did not change with the times severe penalties would have to be paid Mayor Abramowitz said there were several concerns about why the City was doing certain things and he would like to have the time to explain why the changes were occurring Mayor Abramowitz said Ms Carpenter has worked very hard to get the Light Industrial and Special Utility Ordinances He said it only took the City Council a few minutes to approve this Ordinance; however, Ms Carpenter and her staff have been working for several months to bring the City into conformity with the Land Use Plan He said the City Council and administration appreciated all of the efforts of the Community Development Department OPEN PUBLIC FORUM 20 OPEN PUBLIC FORUM Melanie Reynolds, Resident said the Mayor kept stating that the City was being brought into the 21st Century and the City Manager kept indicating that the City was being modernized She said she did not think that the City Council and Administration was aware of the City being thrown back 20 odd years to where the people had little voice in their government She said back then, the officials made their own rules and regulations Mrs Reynolds said in 1988, the Mayor appointed C/M Bender as liaison to the Plan Adjustment Committee She said C/M Bender became a voting member She said the Mayor also appointed C/M Bender as a member of the Pension Board, on which he was a voting member She said C/M Bender now voted with the City Council, Plan Adjustment Committee and the Pension Board; however, the City's Ordinances did not allow a Liaison to vote Mrs Reynolds said it was decided by the City Council that no one could be on more than one Committee Mrs Reynolds said the Charter indicated that the City Manager may appoint an Assistant Manager, if required She asked what the requirement was City Manager Kelly said he felt the appointment of Assistant City Managers was necessary Mrs Reynolds asked what the requirement was when City Manager Kelly appointed an Assistant City Manager City Manager Kelly said the appointment was necessary, thereby, being a requirement for the sufficient running of the Page 17 4/25/90-pw City He said he would send Mrs Reynolds a report on hi4 decision Mrs Reynolds said the Charter indicated that there be an Assistant Manager if necessary, not Assistant Managers She said the City Manager appointed two people as Assistant Managers She said the City Manager appointed the two people as Acting Managers and she asked if this was dual office holding Interim City Attorney Ruf said he did not like to do things off the top of his head, however, the appointment did not sound like dual office holding because the appointment people were members of staff, not officers Mrs Reynolds said the people were not staff members whale working in the position as Assistant City Manager and Interim City Attorney Ruf said he would look into this matter He said he felt that the appointed people were not considered as officers as per the Florida Statutes Mrs Reynolds had concerns with Dina McDermott, Assistant City Manager, administering $50,000 00 of the City's money and City Manager Kelly said Mrs McDermott was administering the grant for the Multi --Purpose Building Mrs Reynolds said the electorate voted that the City spend no more than 1 2 million dollars for the project and City Manager Kelly said this pertained to the impact fees Mrs Reynolds said some of the money was to be taken from the impact fees and Mayor Abramowitz asked Mrs Reynolds if she was upset that the City received money from the State Mrs Reynolds asked what would be done with the money and, Mayor Abramowitz said there was a lot of money left to build the Multi -Purpose Center He said the lowest bid that was received was 1 4 million and the difference between what the City had and the grants from the State of Florida was being used for the project He asked if this upset Mrs Reynolds Mrs Reynolds said this was not the first time that the City was ignoring the vote of the people and Mayor Abramowitz said the residents would not agree to giving the money back toithe State and do what Mrs Reynolds was suggesting C/M Rohr said Mrs Reynolds said the City Council did meet the requirements of the electorate of Tamarac He said the proof that the electorate approved of the present City Council occurred at the last election when the electorate approved everything this City Council was trying to do Mrs Reynolds said when the electorate voted on something, the City Council had to stand by it She said if the bids canoe in higher, the City Council would have to put the new costs on Referendum ------------------------------------------------------4 Anthony Grimaldi, Resident, said he was glad that the recycling began and the single-family homes were paying $ 76 cents a month He asked that the City Council review the immediate future of getting containers for the residents to use He said the weather in the last few days gave the City an idea of what would occur during the summer He said putting the papers in a paper bag was not appropriate REPORTS 21 City Council C/M Schumann - No report Page 18 4/25/90--pw C/M Rohr asked the City Council to express their interest concerning the water supply He said Lake Okeechobee could no longer provide water to South Florida He said he would like the City Council to approve a proposed Resolution from the Broward League of Cities, which urged restaurant operators from the City to serve drinking water only upon request of their customers The City Council AGREED to support the Florida League of Cities recommendations Mayor Abramowitz asked the City Attorney to bring forth a Resolution for the City Council to act on at their May 9, 1990 meeting C/M Bender said this morning he heard that the State would be spraying chemicals for the medfly problem in the City He said it was stated that people who had cars should wash the chemical off to avoid damage He said he was concerned with this conflicting with the regulations of the use of water He said there should be an explanation regarding this matter Harold Newman Resident, said the State did not object to cars being washed if sprayed by the chemical C/M Bender asked the City Manager to look into this matter and report back to the City Council with his findings V/M Hoffman said the City was in a self -insured program because of the Sovereign Immunity cap He said there was a bulletin sent by the Florida League of Cities which indicated tba-t legislation was being introduced to limit the Sovereign Immunity cap He said the League was opposing the Bills -because they would increase the exposure of local governments liWLXity and would place an extraordinary financial burden on Iocal governments at a time of genuine financial crisis He said the Bills were being opposed because they would serve to drive audicial liability insurers out of Florida's market and would have a negative and adverse impact on local governments that were self insured He said the local governments would be unable to gauge their actuarial risks without an occurrence cap V/M Hoffman said Senator Weinstein was one of the sponsors of the Bill and he asked the City Council to send a letter to Senator Weinstein concerning their opposition of any change in the Sovereign Immunity law at this time Mayor Abramowitz suggested V/M Hoffman meet with the City Attorney He asked that a letter go to the Broward League of Cities and Florida League of Cities concerning this matter V/M Hoffman said this matter had to be acted on immediately because the House and Subcommittee He said this matter had to be handled immediately City Manager Kelly said the letter could be drafted immediately and faxed to the State Mayor Abramowitz said he was privileged to serve on the Board of Directors of the Broward League of Cities He said the newspaper indicated that the municipalities were having financial problems because of the State and County Commissioners He said there was a recommendation that there be mandated projects that would not be funded by the State He said this was a terrible issue because it meant that the State and County would be mandating that there be programs that must be done by the Cities or the Cities would loose their revenue sharing City Manager Kelly said the State has taken a lot of things away from the municipalities leaving the Cities to pay for projects without any assistance Page 19 4/25/90-pw Mayor Abramowitz said the County recently indicated that anybody that held an affair where food was being served j4ust get a $50 00 permit which went to the County and the server must have a food handler certificate He said the CountyIwas making the Cities liable for the actions of serving foodlin their Cities Mayor Abramowitz said no one ever informed the Cities regarding this matter and he expressed his anger concerning this matter He said he wanted the County to go to the organizations in the City and inform them why this was being done Mayor Abramowitz said the ballot would contain an item concerning the mandates of the Cities without funding He said this affected everyone because they would have to pay Eor it He said the residents should vote on this matter= however, it may not be enforceable He said the people should become familiar with the full effects concerning this matter 22 City Manager - No report 23 City Attorney - No report With no further business, meeting at 11 00 A M d OL A EVANS, CITY CLERK vor Abramowitz ADJOURNED this ABRAMQWI 'This public document was promulgated at a copy to inform the general public public recent opinions and considerations of the �amarac " cost of $67 50 or $4 50 per officers and employees of City Council of the Cityl of CITY OF TAMARAC P OVED AT MEETI OF City Clerk Page 20 4/25/90-pw I 1 1