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HomeMy WebLinkAbout1991-08-28 - City Commission Regular Meeting Minutes7525 Northwest 88 Avenue Tamarac, FL 33321-2401 RECORD OF COUNCIL ACTIONS/DISCUSSIONS CITY OF TAMAR.AC CITY COUNCIL REGULAR COUNCIL MEETING WEDNESDAY, AUGUST 28, 1991 ANNOUNCEMENT OF -TIME 5,TdLOCATIONS - MOTIONS TO TABLE - The Chair at this time will announce those items which have been given a specific time to be heard, and will entertain motions from Council members to table those items which require research. Council may agendize by majority consent matters of an urgent nature which have come to Council's attention after publication. INTRODUCTION 1.PRESENTATION by Mayor Abramowitz of a proclamation designating the week of August 25 to September 2, 1991, as "FIRE FIGHTER APPRECIATION WEEK" for their efforts on behalf of the Muscular Dystrophy Association. FINAL ACTIONq Presentation was made to Randy Correll of the Tamarac Fire Department and Lisa Kunis of the Muscular Dystrophy Association. 2. ANNOLjNQZMFNT of vacancies existing on the following boards and committees: Forestry Committee 2 positions Public Information Committee (alternate) 1 position Consumer Affairs Board (alternate) 1 position Insurance Advisory Board 1 position Veterans Affairs Committee (alternate) 1 position If any Tamarac resident is interested in serving on any of the above volunteer boards or committees, please contact the office of the City Clerk for an application. FINAL ACTION - Announcement was made. Page 1 8/28/91 3. PUBLIC PARTICIPA',LION - Any member of the public may speak to any issue which is not agendized for public hearing at this meeting. Speakers will be limited to three minutes during this item and at public hearings. There will be a thirty (30) minute aggregate time limit for this item, and speakers are encouraged to sign up in advance with the City Clerk prior to their participation. 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 desired, then the item(s) will be removed from the Consent Agenda will be considered separately. a. MOTION TO APPROVE the minutes of the 7/10/91 Special Meeting of the City Council. F."IyOU911VAMI b XQTION TO APPROVE a model sales facility, waiver of the 300-foot distance requirement for issuance of certificates of occupancy, and approval of ten parking spaces in lieu of thirteen spaces for DEVON, Building I, Units 107 and 201, for a six-month period from 8/28/91 to 2/28/91. C. approving a delegation request to change the notation on the DEVON PLAT from 333 garden apartments to 325 garden apartments. FINAL ACTION: RESOLUTION R-91-149-PASSED APPROVED Fire Qe2artment d. MOTION TO APPROVE the over -night lodging and travel to Tampa, Florida, for a member of the Fire Department to handle the retrofitting of rescue breathing apparatus. FINAL ACTION: APPROVED General Administrativa e. authorizing certain City officials to transmit or withdraw funds to and from the State Board of Administration and Sun Bank repurchase agreement account. FINAL ACTION--_ RESOLUTION R-91-150-PASSED APPROVED f. MOTION TO ADOPT TeMR. Reso. #6119 supporting the Hispanic Heritage month of October, 1991. FINAL RESOLUTION R-91-151-PASSED APPROVED 11 Page 2 8/28/91 Eub. _ic Services DOnartment g• MOTION T APPROVE the attendance of R. Kline Jones, City Engineer, at the Stormwater Management Designer's Course in Orlando, Florida, September 24-25, 1991. FINAL ACC, APPROVED 5. a. release of retainage and final payment in the amount of $110,442.00 to Caldwell - McKnight Construction Company for construction of the TAMARAC PUBLIC SERVICES ADMINISTRATIVE COMPLEX. b. MOTION TO APPROVE final payment in the amount of $1,538.00 to Scharf and Associates, Inc., for architectural services during construction of the TAMARAC PUBLIC SERVICES ADMINISTRATIVE COMPLEX. FIN -ACTIONI APPROVED 5.a. & b. 6. a. 2 awarding Bid #91-06 in the amount of $199,141.00 to Florida Design Irrigation, Inc., for the construction of two new Water Supply Wells 14 and 15, TUW Project 88-09 (Raw Water Wells 14 and 15). b. MOTION TO APPROVE Addendum #32 to the engineering agreement with Hazen and Sawyer in the amount of $25,900.00 to provide periodic on -site inspection and construction management services for TUW Project 88-09 (Raw Water Wells 14 and 15). FINAL ACTION: RESOLUTION R-91-152-PASSED 6.a. APPROVED subject to hold harmless agreement from contractor. 6.b. APPROVED 7• approving a waiver to the sign ordinance to permit 42-inches of total wall letter height on the east mall of the BANK OF NORTH AMERICA building (formerly AMBASSADOR SAVINGS BANK) (tabled on 8/14/91). FICA,;RESOLUTION R-91-153-PASSED APPROVED 8• approving a waiver to the sign ordinance to permit dark blue letters where the criteria calls for white letters on a ground sign at WOODMONT COMMONS (formerly WOODMONT CENTER). FINAL ACTION: RESOLUTION R-91-154-PASSED APPROVED Page 3 8/28/91 9. MOTION TO ADOPT Temn. Reso. #6041 removing deed restrictions relating to food and alcoholic beverages at MAINLANDS CENTER placed on the property in 1978. (located on the northeast corner of University Drive and NW 58 Street) (tabled on 7/3/91) FINAL _ ACTION Continued until Petitioner comes back with a new deed restriction with no on -site consumption of alcoholic beverages and/or a restaurant on the premises.- 10. MOTION TO ADOPT Temn^_RQso. #5954 approving a delegation request by FLH Homes to remove the voluntary deed restrictions from PARCEL R OF WOODLAND LAKES located at the southeast corner of McNab Road and NW 88 Avenue (tabled on 8/14/91). 11. MOTION TO ADOPT Temp. Reso. 6122 approving a revised site plan for CITY OF TAMAR C FIRE STATION #2 for addition of a storage building. FINAL ACTION: RESOLUTION' R-91-155-PASSED APPROVED 12. concerning a request by THREE LAKES PLAZA for a limited parking waiver to approve a site plan: a) With 528 spaces where 532 spaces are required; b) With 9-foot wide parking spaces where 10-feet is required; and c) Which allows a maximum of 12 parking spaces in a row where City Code limits the number of spaces without a landscape island to 10; for an addition to a food store at the southwest corner of NW 31 Avenue and Commercial Boulevard. Petition #36-Z-91 FINAL ACTION: RESOLUTION R-91-156-PASSED Public Hearing was held. APPROVED 13. PUBLIC HEARING - MOTION TO ADOPT Temn. Reso. #6109 concerning a request by the CITY OF TAMARAC for a limited parking waiver to approve a site plan: To permit zero (0) degree parking where it is not permitted; for an addition to FIRE STATION #2 at the northeast corner of Commercial Boulevard and the Florida Turnpike Entrance. Petition #41-Z-91 FINAL ACTION: RESOLUTION R-91-157-PASSED Public Hearing was held. APPROVED Page 4 8/28/91 14. PUBLIC HEARING -_-____MOTION TO ADOPT Temp. Ord_ #1562 on second reading to amend Chapter 14 of the Code to revise the parking ticket fees. FINAL ,ACTION_ ORDINANCE 0-91-29-PASSED Public Hearing was held. Approved on second and final reading, 15. PULIQ HEARING - MOTION TO ADOPT Temp. Ord, „ #1565 on second reading to create Section 2.3 of the Code to prohibit any person not employed by the City from entering any City office except those areas designated for the general public without specific invitation for the purpose of conducting City business. FINAL ACIZON: Public Hearing to be continued -at the Regular Council Meeting of September 11, 1991. 16, - on second reading to create Article V1 of Chapter 6 of the Code to provide for the levying of a ten (10) percent public service tax on each and every purchase of metered or bottled gas (natural liquified petroleum gas or manufactured) within the City limits. FINAL ACTTONo ORDINANCE 0-91-30-PASSED Public Hearing was held. Approved on second and final reading. EjgQ OF PUBLIC HEARINGS REPORTS 17. City C23jncil 18. City HADAZ= 19• declaring thirteen (13) box springs and thirteen (13) mattresses from the City of Tamarac Fire Department as surplus equipment. EI AL ACTION; RESOLUTION R-91-158-PASSED APPROVED 20. B&CONSIDERATION of uncontracted structure and expenses of the City Attorney's office. FINAL ACTIONO Discussion was held. Council Workshop meeting to be held. * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * Page 5 8/28/91 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 made by the City Council with respect to any matter considered at such meeting or hearing, he may need to ensure that a verbatim record of the proceedings is made which record includes the testimony and evidence upon which the appeal is based. Wednesday, 9/4/91, 7:00 p.m. Thursday, 9/19/91, 7:00 p.m. Carol. A. Evans City Clerk -- Council Chamber of City Hall - Council Chamber of City Hall I 1 I� I Page 6 8/28/91 City Council Regular Meeting 08/28/91/KJ Page 1 11 CITY CITY COUNCIL -WEDNESDAY, OF TAMARAC REGULAR MEETING AUGUST, 28, 1991 CALL TO ORDER: Mayor Abramowitz called this meeting to order on Wednesday, August 28, 1991 at 9:00 a.m, in the Council Chambers of Tamarac City Hall, 7525 Northwest 88 Avenue, Tamarac, Florida. Mayor Abramowitz called for the Pledge of Allegiance followed by a wish for a happy and healthy New Year to all of his Jewish and non --Jewish friends. Mayor Norman Abramowitz Vice Mayor Dr. H. Larry Bender Councilwoman Diane Glasser Councilman Irving Katz Councilman Henry Schumann ALSO PRESENT: John P. Kelly, City Manager Alan F. Ruf, City Attorney Carol A. Evans, City Clerk Karen Jackson, Secretary 19• declaring thirteen (13) box springs and thirteen (13)-mattresses from the City of Tamarac Fire Department as surplus equipment. SX O�,S OF„ ACTJON; RESOLUTION R-91-158-PASSED Agendized by Consent. (See Page 20 for Final Action) V/M Bender MOVED to AGENDIZE Item 19 by Consent, SECONDED by C/W Glasser. VOTE: ALL VOTED AYE 20• BECONSMERAITON of uncontracted structure and expenses of the City Attorney's office. SYNOPSISI Agendized by Consent. (See Page 20 for Final Action) C/W Glasser MOVED to AGENDIZE Item 20 by Consent, SECONDED by C/M Katz. VOTE: ALL VOTED AYE 1-PE&SENIATTON by Mayor Abramowitz of a proclamation designating the week of August 25 to September 2, 1991, as "FIRE FIGHTER APPRECIATION WEEK" for their efforts on behalf of the Muscular Dystrophy Association. AYNOUIS OF ACTION - Presentation was made to Randy Correll of the Tamarac Fire Department and Lisa Kunis of the Muscular Dystrophy Association. Randy Correll and Lisa Kunis expressed their appreciation for the support of the City. C/M Katz asked if the City approved the booths requested by Mr. Correll and City Manager Kelly said, no, the Code would have to be changed for next year in order to do so. City Council Regular Meeting 08/28/91/KJ Page 2 2, ANNOUNCEMENJ of vacancies existing on the following boards and committees: Forestry Committee 2 positions Public Information Committee (alternate) 1 position Consumer Affairs Board (alternate) 1 position Insurance Advisory Board 1 position Veterans Affairs Committee (alternate) 1 position If any Tamarac resident is interested in serving on any of the above volunteer boards or committees, please contact the office of the City Clerk for an application. SYNOPSIS OF ACTION-' Announcement was made.. 3. PUBLIC PARTICIPATION - Any member of the public may speak to any issue which is not agendized for public hearing at this meeting. Speakers will be limited to three minutes during this item and at public hearings. There will be a thirty (30) minute aggregate time limit for this item, and speakers are encouraged to sign up in advance with the City Clerk prior to their participation. Nathan Peretzman, resident, expressed his concern regarding the Medics Ambulance contract. He requested that the records be reviewed prior to renewing the contract. Milton Meyer, resident, referred to Item 10 on this Agenda and to the July 10, 1991 Council meeting minutes. He expressed his concern regarding the removal of the restrictive covenant, the lack of need for another gas station and many vacant stores in the area. He expressed his concern regarding underground water contamination by gas station installations. Melanie Reynolds, resident, recited the history of the Charter Board as part of the City government. She expressed her concern regarding the endorsement of the Mayor for unqualified Charter Board candidates. She expressed her concern regarding the jurisdiction of the City Manager over the City Attorney and departments. She asked why the City Manager's Secretary has the right to remove documentation from the City Attorney's desk when the City Attorney is not under the jurisdiction of the City Manager. C/M Schumann said he feels that she has all the right to remove any documentation from the City Attorney's desk because the information on his desk is confidential and is not public record until it is completed. C/M Katz said he feels the City Attorney's documentation should be locked up if it is not ready for public viewing. Mayor Abramowitz said he had no comment. V/M Bender said he had no comment because he needs to check if this is a valid complaint. C/W Glasser said she had no comment. City Council Regular Meeting 08/28/91/KJ Page 3 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 desired, then the item(s) will be removed from the Consent Agenda will be considered separately. City Clerk a. HQTJON_TO APPROVE the minutes of the 7/10/91 Special Meeting of the City Council. b. MOTION TQ APPROVE a model sales facility, waiver of the 300-foot distance requirement for issuance of certificates of occupancy, and approval of ten parking spaces in lieu of,thirteen spades for DEVON, Building I, Units 107 and 201, for a six-month period from 8/28/91 to 2/28/92. + • W5 CAKO)• + -Wlr c. approving a delegation request to change the notation on the DEVON PLAT from 333 garden apartments to 325 garden apartments. RESOLUTION R-91-149-PASSED APPROVED d. XOTION TO AP„R� the over -night lodging and travel to Tampa, Florida, for a member of the Fire Department to handle the retrofitting of rescue breathing apparatus. f(•32X-• • , -• r e• authorizing certain City officials to transmit or withdraw funds to and from the State Board of Administration and Sun Bank repurchase agreement account. RESOLUTION R-91-150-PASSED APPROVED f• supporting the Hispanic Heritage month of October, 1.991. SYNQR IS OE ACTIONm RESOLUTION, R-91-151-PASSED APPROVED City Council Regular Meeting 08/28/91/KJ Page 4 g. MOTION TO APPROVE, the attendance of R. Kline Jones, City Engineer, at the Stormwater Management Designer's Course in Orlando, Florida, September 24-25, 1991. SYNOPSIS OF ACTION* APPROVED C/M Katz MOVED to APPROVE the Consent Agenda, SECONDED by C/M Schumann. VOTE: ALL VOTED AYE 5. a. MOTION TO APPROVE release of retainage and final payment in the amount of $110,442.00 to Caldwell - McKnight Construction Company for construction of the TAMARAC PUBLIC SERVICES ADMINISTRATIVE COMPLEX. b. MOTION TO APPROVE final payment in the amount of $1,538.00 to Scharf and Associates, Inc., for architectural services during construction of the TAMn12AC PUBLIC SERVICES ADMINISTRATIVE COMPLEX. 5.a. C/M Schumann MOVED to APPROVE Item 5.a., SECONDED by V/M Bender. Mike Couzzo, Director of Public Services and Assistant City Manager, said this is the final payment for the completion of the construction of the Public Service Complex. He said the City has moved into the facility and the Certificate of Occupancy, the lease from the surety company and a recommendation from the architect have been received to release the final retention. He said the City has in place a one year warranty bond from the date of the issuance of the Certificate of Occupancy. Mayor Abramowitz asked who guarantees that there will not be a problem in the future and Mr. Couzzo said if there is a problem, Caldwell McKnight will rectify the situation and if they do not, the City has a bonding company that can be used, which is the purpose of the warranty bond. C/W Glasser asked if the City has to use the warranty bond, will the City have to use its own employees to make the improvements. Mr. Couzzo said if the contractor does not do the repairs, the City goes to the bonding company. He said the bonding company rectifies the changes that they do not do, the City will do them and hold their bond for the amount of money for repairs in a civil suit. C/M Katz asked if the architect has gone through the list and Mr. Couzzo said, yes, and recommended approval for the final payment. He said Chief Building Official Dan Wood has also checked it. VOTE: ALL VOTED AYE J City Council Regular Meeting 08/28/91/KJ Page 5 5.b. C/M Katz MOVED to APPROVE Item 5.b., SECONDED by C/W Glasser. Mr. Couzzo said this is a request for final payment for the architectural contract for the design and construction inspection services. He said this project is completed and they have authorized final payment and recommended approval for the final payment. VOTE: ALL VOTED AYE 6. a. MOTION TO ADOPT Temp. Reso. #6120 awarding Bid #91-06 in the amount of $199,141.00 to Florida Design Irrigation, Inc., for the construction of two new Water Supply Wells 14 and 15, TUW Project 88-09 (Raw Water Wells 14 and 15). b. MOTION TO APPROVE Addendum #32 to the engineering agreement with Hazen and Sawyer in the amount of $25,900.00 to provide periodic on -site inspection and construction management services for TUW Project 88-09 (Raw Water Wells"14 and 15). XNQPgJS-OF ACTIQN` RESOLUTION R-91-152-PASSED 6.a. APPROVED subject to hold harmless agreement from contractor. 6.b. APPROVED 6.a. City Attorney Ruf read Temp. Reso. #6120 by title. C/M Katz MOVED to APPROVE Temp. Reso. #6120, SECONDED by C/W Glasser. Mayor Abramowitz said the South Florida Water Management District has been fighting in the past few years regarding the water wells. He said a license is required from the South Florida Water Management District in order to drill the water wells. He suggested that the Utilities Department contact Roy Reynolds of the South Florida Water Management District to discuss this. He said Tamarac spent a lot of money to access one of the top utility systems in Broward County, but there are problems with the water in Broward County. C/M Schumann said the letter states that the owner and engineer are not responsible to review or assess that there are safety precautions. He asked what additional liability falls on the City. Peter Procopio, Utilities Operations Manager, said the Trench Safety Act compliance i!� the requirement of the State mandating that the contractor put in his bid price, the cost of trenching or piping that would tie the new wells into the existing transmission system that deliver wellwater to the Water Plant for treatment. He said this document ties the contractor down to the fact that he has considered the trenching requirements and that the $500 is part of the total bid and not an additional cost to the bid. C/M Schumann said the bidder is going to be the overseer of all of the safety procedures. He asked the City's liability based on the City not being considered responsible to review or assess the bidder's safety precautions, programs and techniques. City Attorney Ruf said this is an attempt to exonerate the City from liability and if anything were to happen, it would be the bidder's responsibility. City Council Regular Meeting 08/28/91/KJ Page 6 TAPE 2 City Attorney Ruf said there is no reason why the City could not require a hold harmless agreement in addition to this language. He said this clause specifically exonerates the City and the City's Engineer from any responsibility. C/M Katz said the performance bonds are only as good as the bonding company. He said he had previous experiences with bonding companies that went bankrupt. He suggested that the City get a hold harmless agreement from the bidder and whatever equity the City could get to guarantee payment. City Attorney Ruf said he would prefer a letter of credit or a cash bond rather than a surety bond. C/M Schumann said there were five bidders with bids ranging from $20,000 to $73,000 higherhan the successful bidder. He asked what type of insurance Coui,il can get that will show that this bidder is qualified and responsible bidding that much below the others. He said it seems to be a large differential in price for this contract. Mr. Procopio said the Engineer has investigated this contractor who has not worked for the City prior to this and the Engineer's recommendation is that he does have the ability to perform this work. Mayor Abramowitz said this same situation occurred with the bidding of the accellator. V/M Bender asked if the City has any wells at the present time that are reserve wells and Mr. Procopio said all of the wells are currently operating and the request is for six additional operating wells by 1994. V/M Bender asked if the City has reservoirs that can handle the additional wells and Mr. Procopio said this is well water that would have to go through the Water Treatment Plant which would have to be processed and then put into storage tanks. C/M Schumann asked what the location is for these wells and Mr. Procopio said there is a lull which runs east and west near St. Malachy's Church that separates the church from the Egan property. He said this would be located on the. Egan property side where the wells would be drilled and would be tied to the #12 and #13 transmission line which is located on the St. Malachy propery. C/M Schumann asked if these wells would be interconnected to the two drilled at Midway Plaza and Mr. Procopio said, no. C/M Schumann asked if would be a different aquifer and Mr. Procopio said it is all the same aquifer but the wells at Midway Plaza were capped off and never used. C/M Katz requested that the indemnification be included and City Attorney Ruf said the Motion is subject to the receipt of that. VOTE: ALL VOTED AYE 6.b. Mr. Couzzo said this is an Addendum to the original agreement that was executed with Hazen and Sawyer in June, 1986 to provide engineering construction supervision inspection of the installation of the two monitoring wells previously mentioned with a construction time of 180 days. V/M Bender MOVED to APPROVE Item 6.b., SECONDED by C/W Glasser. VOTE: ALL VOTED AYE 1 11 City Council Regular Meeting 08/28/91/KJ Page 7 7, U 7, approving a waiver to the sign ordinance to permit 42-inches of total wall letter height on the east wall of the BANK OF NORTH AMERICA building (formerly AMBASSADOR SAVINGS BANK) (tabled on 8/14/91).. SYNOPSIS OF ACTION: RESOLUTION R-91-153-PASSED APPROVED City Attorney Ruf read Temp. Reso. #6114 by title. City Manager Kelly said there are $3,000 in burglar alarm fees not been paid to the City at this time. He said this was formerly Ambassador Savings Bank. The Bank Representative presented the City with a check in the amount of $3,475 in arrears C/M Katz asked if this had been discussed at a previous meeting and Mayor Abramowitz agreed that it had been withdrawn at the last meeting. Mayor Abramowitz said this request was based upon the configuration of the bank. C/W Glasser MOVED to APPROVE Temp. Reso. #6114, SECONDED by C/M Schumann. Dan Wood, Chief Building Official, said this is the second branch requesting this sign waiver. VOTE: ALL VOTED AYE Mayor Abramowitz RECESSED and RECONVENED this meeting at 10:00 a.m. with ALL PRESENT. 12. concerning a request by THREE LAKES PLAZA for a limited parking waiver to approve a site plan: a) With 528 spaces where 532 spaces are required; b) With 9-foot wide parking spaces where 10--feet is required; and c) Which allows a maximum of 12 parking spaces in a row where City Code limits the number of spaces without a landscape island to 10; for an addition to a food store at the southwest corner of NW 31 Avenue and Commercial Boulevard. Petition #36-Z-91 RESOLUTION R-91-156-PASSED Public Hearing was held. APPROVED City Attorney Ruf read Temp. Reso. #6108 by title. Kelly Carpenter, Director of Community Development, said this is an application for a parking waiver for Three Lakes Plaza/Winn Dixie. She said the applicant has requested a limited parking waiver of three sections of the Code in order that an amended site plan can be approved. She said these section waivers of the Code will result in the following: to allow 528 spaces where 532 spaces are required, a waiver of four spaces; to allow 9 foot wide parking spaces where Code standards require 10 foot wide spaces; to allow a maximum of 12 parking spaces in a row where the Code allows 10 in a row without a landscape island. City Council Regular Meeting 08/28/91/KJ Page 8 Ms. Carpenter said these waivers are being sought so that the shopping center can add 3,800 square feet of additional space to the Winn Dixie. She said the shopping center is located at the southwest corner of Commercial Boulevard and NW 31 Avenue. She said the applicant is proposing the addition to the food store and in order to do so, additional parking is required. Ms. Carpenter said the applicant proposes to reconstruct the parking lot from angle parking to 90 degree parking so that they can create additional spaces. She said the areas that will remain angle parking will be in front of the Winn Dixie. She said Staff's opinion of the changes in the parking will improve the flow of traffic within this site by creating additional room for improvement to entrances from the private road which runs along the south side of the property. Ms. Carpenter said the site currently provides 515 spaces. She said 19 additional spaces will be required for the addition to the Winn Dixie. She said by changing the parking from angle to 90 degree and reducing the width of the spaces from the required 10 feet to 9 feet, a total of 528 would be created which results in 4 less than the required 532 spaces. Ms. Carpenter said the property is zoned B-2 and the uses in the shopping center shown on the site plan are consistent with the Land Use Plan. She said Staff has worked with the applicant for approximately one year on this application. She said the Staff does not object to the 90 degree parking and many other cities only require 9 foot wide spaces where Tamarac still requires 10 feet. She said Staff does not see that the applicant has demonstrated a hardship on the 4 spaces. She said the applicant has to show that the reason the additional 4 spaces cannot be added is caused by another tenant. She said the store addition can be reduced by 800 square feet to achieve the parking spaces. Mayor Abramowitz asked if this is the situation where Winn Dixie threatened to vacate the location and Ms. Carpenter said Staff has recommended denial of the first request because it -is Staff's position not to waive actual parking space requirements but Staff does not object to the other two requests which are the changes in the configuration of the parking and the size of the spaces. She said the Planning Commission agreed with Staff's recommendations and the applicant is present. C/M Katz said he sat on the site plan approval for this item and he feels uncomfortable voting on this item under Council status. City Attorney Ruf said this is not a conflict of interest and it is a marginal question of dual office holding; however, he feels both the Community Development Department and the Legal Department are looking at the entire process of site plan and plat reviews. He recommended that C/M Katz vote on this issue. Don Gentile, representative of Trammel Crow Company, said Three Lakes Plaza was built some time ago and there have been a number of Code changes since then. He said the original request by Winn Dixie to be able to expand their existing store will be approximately 7,000 square feet with a net of 3,000 square feet. Mr. Gentile said when Trammel Crow Company originally approached the Community Development. Department, they were informed of the ongoing problems regarding the existing and required parking for the Winn Dixie and a list of other efficiencies that they would like to bring to Code at this time. He said the owner of the shopping center is willing to make these considerations as long as he can maintain his main anchor tenant. He said Winn Dixie feels that they need to have this additional space to compete with the other food stores that have delis, bakeries and other such departments. He said if Winn Dixie does not gain this additional space, there are serious considerations that they will not renew their lease at this location. City Council Regular Meeting 08/28/91/KJ Page 9 Mr. Gentile said discussion has been held with Staff to decipher what would comply to Code and still fit into the owner's budget. He said the site plan has been numerously reviewed and the section of parking in front of Winn Dixie has been left deliberately as wide 10 foot lanes to accommodate the elderly and the proposed 90 degree parking and the 9 foot spaces in this area may be constricting and confusing to them. He said the only way to possibly comply to the Code requirements is to change to the 90 degree and 9 foot parking throughout the rest of the parking lot. V/M Bender said when this shopping center was originally designed, the appropriate number of parking spaces were allotted and were predicated on the parking ratio. He said this problem will continue to exist if the City keeps increasing the type of stores which require a higher ratio for parking. He asked what the basis was to decide this particular number of'spaces were required. Ms. Carpenter said there are two levels that decide this. She said the first is the site plan level which the applicant would have to inform the City as to the type of shopping center he intends for it to be, such as a straight office plaza, restaurants, stores or any other type of facility. She said the determination of the number of parking spaces required is made based on this information. She said when the owner of the shopping center allows for a different business to become his tenant, the parking requirements may differ at which time the parking area runs out. Ms. Carpenter said when this occurs, either he is forced to leave retail space empty or they come before Council and request a waiver. V/M Bender asked if there are empty stores at this location at the present time. He expressed his concern regarding the possibility of still another waiver based on any empty stores. Ms. Carpenter said that is not what is happening. She said this is a physical increase in footage to the Winn Dixie building of 3,800 square feet. V/M Bender asked if there are empty stores and Ms. Carpenter said there are empty stores. V/M Bender asked if there would be enough parking spaces for the empty stores if this is granted by Council and Ms. Carpenter said it accounts for parking requirements for the existing users and vacant businesses because it is based on the site plan. Ms. Carpenter said the 532 parking spaces reflect reality. She said the City would not allow for a nail salon, a restaurant or a podiatrist, which are higher users. V/M Bender asked if the applicant understands this and Ms. Carpenter said the applicant fully understands this. Ms. Carpenter said this is not a problem solely related to this center but is a problem with the way the Code is written. She said if the tenants come in with uses of 1 parking space for every 200 square feet, this application will cover the parking. C/W Glasser said if Winn Dixie vacates this location, this would be another blighted shopping center in the City. She asked if the applicant can be restricted so that the present vacant stores would not be leased to tenants that need more parking spaces. Ms. Carpenter said this can be restricted by making it a condition of the parking waiver and by the occupational licensing process of the City. Mayor Abramowitz said the applicant would only be able to get permission from Council if he were to come to the City with a proposed tenant whereby there were not enough parking spaces. He City Council Regular Meeting 08/28/91/KJ Page 10 said he agrees that the City does not need another empty center. He said he feels uncomfortable that the City would tell a proposed tenant that he cannot rent due to parking restrictions. Ms. Carpenter said there are two bays vacant and there are ten spaces assigned to them, but the applicant has a user that would utilize all 10 spaces but only one bay. She said the applicant could make a business decision and the City could approve an occupational license for that bay using all 10 parking spaces that were left leaving no spaces for the vacant bay; however, when the applicant applied for an occupational license for the vacant bay which is when there would be a problem. Mayor Abramowitz said he feels that the control on the parking should not leave the hands of the City. C/M Katz said at the time of site plan he questioned if this would pose any change in the lighting restrictions where the Code will maintain the amount of lumins required. Ms. Carpenter said the site plan is not on this agenda and she does not have that information in front of her. She said she could access this information and forward it to him. C/M Katz said the applicant is present and asked if the lighting standard will be maintained with the change in the island configuration. Mr. Gentile said if this waiver is granted, a formal site plan will be submitted for review which will comply with all of the City requirements and within that site plan will be the lighting plan including the lumins. C/M Katz said the other question was regarding the sign waiver and Mr. Gentile said that will be handled during the formal site plan review. C/M Schumann said the people who reside in that area are entitled to a good food store and he feels there would not be any serious problem if this is granted. Joe Padwa, resident, expressed his feelings regarding the width change of the parking spaces from 10 feet. to 9 feet. He requested a waiver be granted for the number of spaces with the width left at 10 feet. C/W Glasser MOVED to APPROVE Temp. Reso. #6108, SECONDED by C/M Katz. VOTE: 13. ALL VOTED AYE concerning a request by the CITY OF TAMARAC for a limited parking waiver to approve a site plan: To�permit zero (0) degree parking where it is not permitted; for an addition to FIRE STATION #2 at the northeast corner of Commercial Boulevard and the Florida Turnpike Entrance. Petition #41-Z-91 SYNOPSIS OF ACTION: RESOLUTION R-91-157-PASSED Public Hearing was held. APPROVED City Attorney Ruf read Temp. Reso. #6109 by title. C/M Katz MOVED to APPROVE Temp. Reso. #6109, SECONDED by C/M Schumann. Ms. Carpenter said this is an application by the City of Tamarac for a limited parking waiver for two sections of the Code in order to allow for the subsequent approval of the site plan. She said the initial application as it was accepted and advertised was for J LJ City Council Regular Meeting 08/28/91/KJ Page 11 a minimum of 11 spaces where 16 arelrequired which would be a 5 space waiver and to permit zero degree parking where it is not permitted. She said since this application was advertised, the architect has found the 5 required spaces on the site; therefore, the waiver of the number of spaces is not needed. She said the only waiver that Council needs to consider is 4 zero degree parking spaces which are parallel parking spaces that meet all of the engineering design criteria on the site. Ms. Carpenter said this application is for Fire Station #2 at the northeast corner of Commercial Boulevard and the entrance to the Turnpike. She said the City is proposing to install a manufactured building on the site and due to this manufactured building, additional parking will be required. She said the site is small in size and a site plan is'being'processed at this time. Ms. Carpenter said 16 spaces have been found on the site plan and one existing space is being widened to accommodate the required handicapped space. She said the property is zoned I-1 which is institutional and is consistent with the Land Use Plan. Ms. Carpenter said the Planning Commission reviewed and approved this application on August 21, 1991. She said the manufactured building is going to be used for storage and is not going to have additional employees or Visits from the public. City Attorney Ruf said there is an amended Resolution which eliminates the waiver for the 5 spaces. Mayor Abramowitz OPENED and CLOSED the Public Hearing with no response. VOTE: ALL VOTED AYE 14. -TO ADOPT TeMR.- Ord- #1562 on second reading'to amend Chapter 14 of the Code to revise the parking ticket fees. ORDINANCE 0-91-29-PASSED Public Hearing was held. Approved on second and final reading. City Attorney Ruf read Temp. Ord. #1562 by title. C/M Katz MOVED to APPROVE Temp. Ord. #1562, SECONDED by C/M Schumann. City Manager Kelly said this is to upgrade the existing provisions in the Code to help the City coincide with what Broward County is going to do. He said a subsequent agreement will be forwarded to Council which will tie the City with Broward County so that they will process for a fee of approximately $5.50 for each of these tickets. He recommended approval. Mayor Abramowitz OPENED and CLOSED the Public Hearing with no response. VOTE: ALL VOTED AYE City Council Regular Meeting 08/28/91/KJ Page 12 15. PUBLIC HEARING -- MOTION TO ADOPT Temp. Qr #1565 on second reading to create Section 2.3 of the Code to prohibit any person not employed by the City from entering any City office except those areas designated for the general public without specific invitation for the purpose of conducting City business. SYNOP,S I S OF ;y Public Hearing to be continued at the Regular Council Meeting of September 11, 1991. City Attorney Ruf read Temp. Ord. #1565 by title. C/M Schumann MOVED to APPROVE Temp. Ord. #1565, SECONDED by V/M Bender. C/W Glasser said she has some concern with this reading, "specific invitation". TAPE 3 C/W Glasser said she feels this limits people from coming into the office and it projects the,feeling'that the public must be invited by someone in City Hall to come into any particular office. Mayor Abramowitz asked if she would prefer someone calling for an appointment or just a walk-in. C/W Glasser said anyone is welcome to come into her office. She said there are many places in the City where people would like to seek information and they are entitled to any public information. She said she does not like the way this Ordinance is currently worded. Mayor Abramowitz requested the wording be changed to be a little less confining. He said this is to stop people from coming into unoccupied offices. He said this is not an attempt to stop information gathering but an attempt to stop people from wandering through places when no one is present. City Attorney Ruf suggested the Public Hearing be continued so that he can redraft the appropriate verbage for this Ordinance. V/M Bender MOVED to CONTINUE Temp 1991, SECONDED by C/M Katz. VOTE: Ord. #1565 on September 11, ALL VOTED AYE 16. UBLIC HEARING - on second reading to create Article VI of Chapter 6 of the Code to provide for the levying of a ten (10) percent public service tax on each and every purchase of metered or bottled gas (natural liquified petroleum gas or manufactured) within the City limits. SYNOPSIS OF ACTION;, ORDINANCE 0-91-30-PASSED Public Hearing was held. Approved on second and final reading. City Attorney Ruf read Temp. Ord. #1570 by title. City Manager Kelly said this was partly an outgrowth of the discussions of the franchise proposal by the City of Sunrise to extend natural gas over to the Visual Graphics area which had requested that service be provided. He said that request was supported by the Fire Department, the Planning Department and the Utilities Department. He said it is a good idea to have the natural gas extended. City Manager Kelly said in the discussions on the franchise with the City of Sunrise about extending that over, the question arose about the equitability in trying to make it competitive for people to tie in. He said C/M Katz had expressed some concern if a tax City Council Regular Meeting 08/28/91/KJ Page 13 were provided on the bottled gas propane at present, that it would allow for more competitive acceptance of the metered gas by the City of Sunrise. He said this was drafted for that purpose. He said the specific vendors that provide service have been identified. C/M Katz said his intent was not to give preferential treatment to Sunrise, but to create an equitable taxing structure so that they would all bid on the same amount of tax they have to pay. C/M Katz MOVED to APPROVE Temp. Ord. #1570, SECONDED by C/M Schumann. Irving Lopatey, resident, expressed his concerns regarding the burden of tax on gas for the condominiums and homeowner's associations who utilize the gas for operation, heating and cooking. Herb Hayes, resident, said he feels the tax proposal on gas is feasible and would be controllable or enforceable. He said it would be similar to a utility tax and would be collected at the point of the sales. He said the State does give a percentage of the sales tax back to the collector. He said part of the provisions of the proposal is that a given merchant would be given notice that they would provide the financial records for the past five years within ten days or they face trouble with the City. Mr. Hayes said he feels that if he were a merchant, he would discontinue selling the bottled gas because of the administrative load that would be involved in the fact that he would have to charge 10% more than the people in the other cities. He said Sunrise has a 3% tax on some items. He said as a customer, he would go elsewhere for the same reason. Mayor Abramowitz said the whole purpose is because the very few businesses in the western portion of the City requested that they be provided with natural gas. He said it is true that a condominium that heats their pool with propane will have to pay a little and Sunrise and the other cities all have a utility tax on propane gas. He said the question was asked during a workshop meeting if the City can only charge the businesses and not the homeowners and the answer was selective taxation cannot be done. Mayor Abramowitz said Council was so interested in this that Council requested that the gas lines be extended to State Road 7. He said natural gas is cleaner and less expensive. C/W Glasser said with revenues being so minimal, this is another avenue by which the City would earn some revenue. She said this will save money for those utilizing natural gas in their homes when it comes to the City's tax structure or tax base because the revenues that come in will help lower the ad valorum taxes. VOTE. ALL VOTED AYE Mayor Abramowitz RECESSED and RECONVENED this meeting at 10:55 a.m, with ALL PRESENT. 11 City Council Regular Meeting 08/28/91/KJ Page 14 8. approving a waiver to the sign ordinance to permit dark blue letters where the criteria calls for white letters on a ground sign at WOODMONT COMMONS (formerly WOODMONT CENTER). SYNOPSIS OF ACTION: RESOLUTION R-91-154-PASSED APPROVED City Attorney Ruf read Temp. Reso. #6121 by title. C/M Katz MOVED to APPROVE Temp. Reso. #6121, SECONDED by V/M Bender. Dan Wood, Chief Building Official, said this applicant wishes to erect a ground sign with dark blue letters; however, the sign color Code criteria calls for white letters. He said since the proposed sign does not match the existing criteria for color, the Building Department cannot recommend approval of this application. Barry Eden, owner, said he had submitted a sketch of the sign with the color criteria. He said this will help in their leasing of the property. He said the criteria was originally submitted by a bank that is no longer in business. He said it is impossible to see the white lettering on the ground sign unless a black background is installed. He said the roof on the building is blue which will make it very attractive with the blue letters on the gray background on the routed wood sign. C/M Schumann asked if there will be any illumination and Mr. Eden said, ' no . VOTE: ALL VOTED AYE Community QgXgJ.Q2ment 9. MOTION TO ADOPT Temn. Reso. #6041 removing deed restrictions relating to food and alcoholic beverages at MAINLANDS CENTER placed on the property in 1978. (located on the northeast corner of University Drive and NW 58 Street) (tabled on 7/3/91) I Continued until Petitioner comes back with a new deed restriction with no on -site consumption of alcoholic beverages and/or a restaurant on the premises. City Attorney Ruf read Temp. Reso. #6041 by title. Ms. Carpenter said this is an application by Nick Cassas to remove a restrictive covenant prohibiting food and alcoholic beverages at Parcel A of the Mainlands of Tamarac, Tamarac Lakes Land Section, Plat Book 67, Page 48, located at the northeast corner of University Drive and NW 58 Street. She read the Findings of Fact and the Covenant into the record. Ms. Carpenter said the Covenant in 1978 was set to remain in effect until March 1, 2008. She said this Covenant was a condition of Zoning Case #16-Z-77, which had set the Restrictive Covenant and a rezoning request from B-1 to ROA and was denied, allowing the applicant to have most of the commercial uses in B-1. Ms. Carpenter said the removal of this Covenant would not provide the applicant with the ability to install a restaurant at the Mainlands Center. She said if the applicant desired to proceed with the restaurant, he would have to get a variance from the Board of Adjustment because of the distance separation requirement from the residential property line. Ms. Carpenter said if Council has a concern about a restaurant, the simple lifting of this deed restriction would not permit it. City Council Regular Meeting 08/28/91/KJ Page 15 She said Mr. Cassas would have to prove a hardship to the Board of Adjustment and get a variance because any restaurant at this site would be closer than 100 feet to the nearest residential property line and also would have to have a special exception approved by Council. Ms. Carpenter said this would be the same for the on -premises consumption of alcohol. She said the lifting of this Covenant does not affect consistency requirements with the Comprehensive Plan. She said the Planning Commission had recommended denial of this request at its April 3, 1991 meeting. She said Staff had taken a position of no recommendation. She said this is an extremely complex situation and there are not really a lot of facts to make any certain decision regarding this issue. Ms. Carpenter said by lifting the deed restriction, restaurants, delis and cocktail lounges could be allowed by theory with a variance and a special exception. She said what would be permitted that is currently not permitted would be a grocery store, carry out foods, candy stores, ice cream stores, food stores, packaged liquors, meat markets and bake shops. She said the City has jumbled up the B-1 and B-2 zoning all along the arterial streets. She said if the City was in the position to redo the zoning, the City would have the B-2 and B-3 zoning along the arterial streets and reserve the B-1 uses for neighborhood shopping centers. Ms. Carpenter said this is a complex issue and there is not a lot of data to support either side. She said Nick Cassas, the Petitioner, is present. C/M Katz referred to the Findings of Fact, Item 4, and asked about off -premises consumption if a liquor store was opened. Ms. Carpenter said a package store would be permitted with the removal of the Covenant. Mayor Abramowitz asked how far this is from St. Malachy's Church and Ms. Carpenter said it is quite a distance. Mayor Abramowitz asked if there are restrictions about the sale of alcohol near a school and Ms. Carpenter said this type of restriction is not present in'the City of Tamarac. Mayor Abramowitz said this is a complex situation. He said he does not have a problem with removing some of these onerous restrictions regarding a food establishment; however, he is hesitant regarding the on or off -premises consumption of alcohol. He asked if the Farm Store to the south sells beer and Ms. Carpenter said yes, and so does Wings and Things across from St. Malachy's Church. Nick Cassas, owner, said he does not want a restaurant or on - premises consumption of alcohol. He said everything that is on the deed restriction needs a special exception in order to get it. He said he does not see any problem with lifting the deed restriction based on this fact. Mayor Abramowitz asked if he would be willing to stipulate this as a Covenant and Mr. Cassas said there is no reason to have it as a Covenant because it goes into the Law. Mayor Abramowitz said someone could make a request in the future. He said he would be willing to help him to develop what he currently has there but he is uncomfortable with the liquor portion of it. Mr. Cassas said he would agree to no consumption of liquor on - premises but for off -premises, there is a Farm Store fifty feet away that sells beer. He said he does not want to damage his Center by having people sell beer and wine; however, if a City Council Regular Meeting 08/28/91/KJ Page 16 grocery store requested the space, he would turn it down because he likes a clean operation. Mayor Abramowitz said one of the previous fights was regarding someone in there selling chewing gum. Mr. Cassas said this is why he wants to be permitted to sell food and if one of his stores wants to be able to sell food to take off -premises, then he should not be denied this opportunity. He said he would need a special exception to do this anyway. C/M Schumann asked what the purpose is for lifting the Covenant if he is not interested in the on -premises consumption of alcoholic beverages and Mr. Cassas said, food. Ms. Carpenter said the removal of the restrictions would allow him to put in a grocery store, carry out foods, candy stores, ice cream stores, food stores, packaged liquors, meat markets and bake shops. C/M Schumann said Mr. Cassas has stated that he is not interested in a liquor store, grocery store or a restaurant. He asked what he is interested in. Mr. Cassas said he does not want to be denied if one of his tenants wants to sell candy. He said if a potential tenant wants to have take-out ice cream, he does not want to be denied the right to sell ice cream in the zone. Ms. Carpenter said if a drug store were to become a tenant and they wanted to sell Slimfast or chewing gum, the Covenant as currently written, would not permit these products to be on the shelf. She said the current business in the Center is not permitted t❑ sell these items and the Code Enforcement Department checks this regularly. C/M Schumann asked if this Covenant is lifted and Mr. Cassas states that he is not interested in a liquor store and other such businesses, what happens if he sells that property. He asked if the change will bind the subsequent owner. City Attorney Ruf said it would if the City gets a substitute Covenant to record. Mayor Abramowitz said he is not interested in a liquor store; however, the new owner may be interested in on -premises consumption and if a Covenant is placed restricting the on or off -premises consumption of alcoholic beverages, that would be satisfactory. Mr. Cassas said he can agree with the on -premises consumption of alcohol, but not with off -premises consumption. He asked why he should be denied this opportunity. He said he has empty stores and has to think of the economic conditions of today. He said he has turned away a Chinese deli, an Indian deli and an Italian fruit and vegetable store. He asked how long he can keep turning down opportunities. Mayor Abramowitz said his vote will be based on the on or off - premises consumption of alcoholic beverages. C/w Glasser asked if there is a way for Council to restrict alcohol only and City Attorney Ruf said if Mr. Cassas voluntarily restricts this and provides the City with a substitute deed restriction. City Attorney Ruf recommended this item be continued until the City has a signed substitute deed restriction which would go with the land and would be recorded. He said if a subsequent purchaser came back in the future and requested the sale of City Council Regular Meeting 08/28/91/KJ Page 17 liquor on -premises, this entire procedure would have to be done again. V/M Bender said Mr. Cassas verbally indicated that he will go along with restricting on -premises consumption of alcohol. He said he has no objections to this as long as it is documented by Mr. Cassas. Mayor Abramowitz asked if Mr. Cassas is willing to submit to the City a voluntary Covenant addressing this problem and Mr. Cassas said, yes, for the prevention,of the sale or the consumption of liquor on -premises. Mayor Abramowitz asked about off -premises and Mr. Cassas said he will go along with the on -premises consumption of alcohol. Mayor Abramowitz asked about the off -premises consumption and Mr. Cassas said everyone else in the B-1 zoning district has that right and he asked why he did not. Mr. Cassas said they rezoned this property illegally and he is very upset over this. He said he can not see why he should not have the same rights as anyone else in the B-1 zoning district. He said he would restrict the consumption of alcohol on -premises and the restaurant use on -premises. He said he does want to be able to sell food and if a package store wants to go in there he questioned why not. V/M Bender said a statement, was made that there is beer being sold at the Farm Stores. He said Mr. Cassas is not asking for anything different than what is happening 50 feet away. C/M Schumann said there is a difference between selling beer and a package store. He said this restriction was written by Stan Macca Corporation with Mr. Cassas' signature as President. He said Mr. Cassas voluntarily signed this Restrictive Covenant in 1978 and it is to run with the land until 2008. Mr. Cassas said he did not voluntarily sign the restriction. He said there were witnesses here that were present at that time, including City Attorney Ruf. C/M Schumann asked if this is a fraudulent document and Mr. Cassas said his Attorney advises that it is. C/M Schumann said that is not for Council to decide and Mr. Cassas agreed. Mayor Abramowitz said there seems to be two alternatives and it is Council's decision to make. He said one is to call the vote now as to whether to say yes or no as it stands or the other is to address some of the concerns of some people on the Council regarding the on and off -premises consumption of liquor. He said if Mr. Cassas is not willing to go along voluntarily then there is no alternative but to call the vote. Mr. Cassas said he does voluntarily go along with keeping the on -premises consumption of liquor on this deed restriction. Mayor Abramowitz asked about the off -premises and Mr. Cassas asked why he should be restricted.. Mr. Cassas asked if there is a special exception in 13-1 for liquor and Mayor Abramowitz said, yes. Mr. Cassas asked why not wipe out the deed restriction and still reserve the right for the special exceptions. C/M Katz said he has no problem with the off -premises consumption. He suggested that if Mr. Cassas were to rewrite another stipulation, that it state he could not have a restaurant or on -premises consumption. City Council Regular Meeting 08/28/91/KJ Page 18 Mayor Abramowitz said there may be a' change in what the Council is going to vote on. He said Mr. Cassas has expressed an interest in voluntarily committing to a deed restriction that runs with the land regarding on -premises consumption of alcoholic beverages and Mr. Cassas agreed. Mayor Abramowitz said there is also a voluntary deed restriction on restaurant uses and Mr. Cassas said sit-down restaurant use. C/M Schumann said he needs a definition of a sit-down restaurant and Mr. Cassas said a take-out is not a sit-down restaurant. Ms. Carpenter said the Code would allow a carry -out at that location as long as there was no food preparation on the site. She said if there is food preparation with a kitchen, including an oven, stoves, refrigerators, double sinks and other items, this is what identifies a restaurant. She said carry -out is limited such as no on -site preparation of food. C/M Schumann requested a definition of what carry -out is going to be if there is no preparation permitted and Mr. Cassas said Dunkin Donuts delivers donuts to stores and they sell them right from those stores. Mayor Abramowitz said if there is a double sink in the establishment he cannot get a permit to open up this facility. C/M Schumann said coffee has to be prepared and Ms. Carpenter said coffee is not considered cooking and the establishment is, permitted a coffee pot. Mayor Abramowitz said there seems to be an expression of interest that if Mr. Cassas Voluntarily gives a deed restriction that runs with the land regarding the on -premises consumption of alcohol and/or a restaurant, the majority of Council seems to be agreeable. He said he is not. C/W Glasser said there is a'business a few feet from this location that permits packaged goods to be sold. She asked why Mr. Cassas is being limited. Mayor Abramowitz said he feels it is the same reason as not having 12 gas stations in the same area. C/W Glasser said she feels that is different. C/M Katz MOVED to have a new deed restriction issued subject to lifting the existing deed restriction stating that there is no on -site consumption of any type of alcohol and/or a restaurant on the premises. City Attorney Ruf said he would need to see the substitute Covenant and, at that time, Council would take further action. He said he feels the document must be visible by the City Council and the City Attorney and he recommended a continuance of this item. TAPE 4 C/M Katz said he would like action on the Motion, subject to deliverance and acceptance of a substitute deed restriction. V/M Bender SECONDED the Motion. City Council Regular Meeting 08/28/91/KJ Page 19 Mayor Abramowitz asked what Council is voting on. City Clerk Evans said the Council is continuing this item until the Petitioner comes back with a substitute deed restriction that does not permit on -site consumption of any alcoholic beverages and/or a restaurant on the premises, VOTE: V/M Sender - AYE C/M Katz - AYE C/M Schumann - NAY C/M Glasser - AYE Mayor Abramowitz - NAY 10. MOTIQN TO_ ADOPT Tem2 . Rest 15954 approving a delegation request by FLH Homes to remove the voluntary deed restrictions from PARCEL R OF WOODLAND LAKES located at the southeast corner of McNab Road and NW 88 Avenue (tabled on 8/14/91). City Attorney Ruf read Temp. Reso. #5954 by title. Ms. Carpenter said this is an application by FLH Homes to remove deed restrictions on their property. She said the parcel is currently zoned B-2 with voluntary restrictions which basically limit the property to B-1 uses. She said if the history of the case is read it is very clear that were truly voluntary restrictions requested by the applicant. Ms. Carpenter said the applicant had users on the site and was willing to limit it to certain things in order to get his zoning. She said the surrounding zoning is primarily commercial and there is B-1, B-2, B-4 and B-6 designations around the parcel. She said the only condition which has changed since the rezoning in 1986 is that the applicant no longer desires to voluntarily deed restrict the property to B-1 uses because he has lost his tenants. Ms. Carpenter said the applicant has withdrawn a 1990 application for a special exception for a gas station but that does not mean that it is not his intention to pursue that; however, the City does not know that at this time. She said the Planning Commission recommended denial of this application at its December 5, 1990 meeting. She said the Staff had taken a position in 1990 that they saw no reason to remove the deed restrictions. Ms. Carpenter said there is not clear policy direction in the Comprehensive Land Plan or in the Code of Ordinances which is going to tell the City that it should be B-1 or B-2. She said in looking at it from a pure planning perspective, that particular corner is probably a B-2 corner and not a B-1 corner which would say that the City would have to lift the restrictions; however, it has been clear through presentations by Mr. Feiner and his written communications that it is his intention to put a gas station on the site, which is what clouds the issue. Ms. Carpenter said she feels that if the City did not know his intention was for a gas station, it would be much simpler to state that the B-2 would be fine. She said the applicant is present. Stuart Feiner, owner of FLH Homes,'said at the last Council meeting there was direction from Council that he, as the applicant, go forth and show to Council that there have been detrimental marketing affects as a result of the deed restrictions that were placed upon this property. He said there are two .letters from local real estate broker$, one which is Rauch, Weaver & Millsaps, who had the exclusive listing on this property for over six months, and was also attempting to market this property for nearly two years. City Council Regular Meeting 08/28/91/KJ Page 20 Mr. Feiner said the letter states that he had several considerations of interest in the property; however, the restrictive zoning prohibited many of the anticipated uses. He said he is attempting to just remove the deed restrictions to this property. He said Ms. Carpenter has stated that this property should be B-2 zoning on these arterial roads and that this property probably should have been a B-2 zoning under the Comprehensive Plan. Mr. Feiner said Council has pointed out various areas where this would not be appropriate. He said he had proposed something for this area that did not have that particular concept and may even be proved again to be more advantageous. He said C/M Katz had indicated that additional fees and revenues to the City is in dire need because of the lack of building over this period of time. He said this is an opportunity that is unique to the City that could be presented to the City and also create additional revenues. Mr. Feiner said V/M Bender addressed the situation that there were sales of similar products being distributed 50 feet away from Mr. Cassas' subject property and this would be a similar situation if Council approved the delegation request. He said he is requesting the removal of the deed restriction that was placed on the property to make it into the B-2 property the way it should be. C/M Katz said he had made a sugge'stion to Mr. Cassas that he voluntarily agree to certain concessions to remove his deed restrictions. He asked Mr. Feiner if he would be willing to have his deed restriction removed and allow it to be B-2 subject to certain conditions. Mr. Feiner said a fair statement for him to make at the present time would be that he has presented a specific site plan to the City which has taken one half of this property and has voluntarily requested that the property be rezoned to residential use. He said he is making those voluntary stipulations to the City at this time, but he feels that there are over 40,000 residents in the City and requested that Council consider items that would be for beneficial use for all of the residents. Mayor Abramowitz said he has listened to the public and Mr. Feiner. He said everyone on this Council has tried very hard to be able to make this piece of property saleable and an asset to the City. C/W Glasser MOVED to APPROVE Temp. Reso. #5954, SECONDED by C/M Schumann. VOTE: ALL VOTED NAY 11. MOTION TO ADOPT Temn._ Reso. #6122 approving a revised site plan for CITY OF TAMARAC FIRE STATION #2 for addition of a storage building. SYNOPSISQF ACTONm RESOLUTION R-91-155-PASSED APPROVED City Attorney Ruf read Temp. Reso. #6122 by title. C/M Schumann MOVED to APPROVE Temp. Reso. #6122, SECONDED by C/M Katz. VOTE: ALL VOTED AYE 1 City Council Regular Meeting 08/28/91/KJ Page 21 I 19. HQTTON TO ADOPT T„8m,2,,Reso. #6124 declaring thirteen (13) box springs and thirteen'(13) mattresses from the City of Tamarac Fire Department as surplus equipment. SYNOPSIS OF ,ACIION: RESOLUTION R-91-158-PASSED Agendized by Consent on Page 1. APPROVED C/M Katz MOVED to APPROVE ,Temp. Reso. #6124, SECONDED by C/M Schumann. VOTE: ALL VOTED AYE Mayor Abramowitz said this was originally to donate to the Salvation Army but according to the Laws of the City, the City cannot donate them without spending a lot of money. City Manager Kelly said he feels the City should be able to donate. 20. RECONSIDERATION of uncontracted structure and expenses of the City Attorneys office. $YNOP S I S OE ACTION E Agendized by Consent on Page 1. Discussion was held. Council Workshop meeting to be held. C/W Glasser said she reviewed the City Attorney's office from when the City Attorney first became part-time City Attorney for Tamarac. She said she went to the Finance Director to get some overviews of what expenses were incurred at the time. She said she feels that the purpose',of going to a part-time City Attorney's office at the time was an indication that it may be saving the City a lot of money. She said in reviewing the documentation since this inception, the City has spent approximately one half million dollars. She said she feels that is a large amount of money for a part-time service. C/W Glasser said the City Attorney works one half day each day, not including Friday. She said she has experienced in several meetings where the City Attorney's advice was needed, he was not present to answer the question. She said City Attorney Ruf works for another City besides having his own practice. She said the City has revenue problems at this time and she feels that the excessive amounts of money being spent on the City Attorney can be well spent and probably a lot less expensively if the City had a full-time attorney on hand at all times. C/W Glasser said in reviewing the budget, Council has found some other avenues of which the City can save money. She said the Risk Manager claims that in her budget she needs a 5 million dollar cushion so that if anything comes up within the City in the next couple of years, the money is available; however, if the City had a full-time City Attorney, she would be able to budget for 1 million dollars. She said the reason the Risk Manager cannot budget more discretely with a part-time City Attorney is because she cannot determine what the total figure would be for working on any of the legal cases the City has. C/W Glasser said she feels the City can save a lot of money, may not need to raise taxes and her main concern is for the residents in the City. Mayor Abramowitz asked if the $500,000 is from the last two years and C/W Glasser said that figure was derived from the time period that the City Attorney has been on the payroll as a part-time City Attorney. Mayor Abramowitz asked if this has 'been since Dick Doody left and C/W Glasser said, yes. City Council Regular Meeting 08/28/91/KJ Page 22 C/M Schumann said he would like to review the backup material. Mayor Abramowitz said when this event took place, City Attorney Ruf came to Council with a contract for attorney's services and the Council refused to sign a contract with City Attorney Ruf. He said the reason for this decision is because City Attorney Ruf works at the pleasure of the Council and without any contractual obligation, at any time, there could be a termination and; therefore, there would be no obligation on the City's part. Mayor Abramowitz asked if C/W Glasser is looking for Council action at this time and C/W Glasser said she would like some type of action taken. Mayor Abramowitz said he would like to review the backup and City Manager Kelly had been asked to do a survey of what the pay scale is for the other cities for legal advice. He said he is all for this if the City can save money. C/W Glasser said she would be glad to distribute the information she received for further discussion. She said this is nothing personal but she refers to the City saving money. Mayor Abramowitz suggested a meeting be held for further discussion regarding this. City Attorney Ruf said he feels that Council has every right and every responsibility to make sure that the City is getting the best service. He said he feels Council has an obligation to do this. He said this part-time procedure was done to see how it would work and he feels a review is appropriate. REPOFLT� 17. City Council C/M Schumann - No report. C/M Katz said he attended the Florida League of Cities Convention in Tampa. He said he met with the Staff of the Tampa Planning Office and has spoken to the City Manager's Office in Tamarac regarding the practicality of setting up a Community Development Agency Corporation that will stimulate the empty shopping centers. He said Tampa has done a tremendous job of filling their shopping centers and bringing business into their City, financing certain businesses that are vital. He said he feels Tamarac should consider this avenue. C/W Glasser - No report. V/M Bender - No report. Mayor Abramowitz said University Hospital will again be issuing free flu shots. He said the hospital volunteered 500 shots and the City has requested 1,000. He said the dates will be advertised well in advance. Mayor Abramowitz wished all a happy and healthy New Year. 18. City Mana4er City Manager Kelly said all Councilmembers attended the League of Cities Convention in Tampa. He said many Staff members attend conferences at various times. He said he feels some consideration should be given by the Council to attend some conventions on the national level as well. City Manager Kelly said December 25, 1991 is a holiday, and the second Council meeting for December is scheduled for that day. He recommended that Council forego scheduling a second Regular Council meeting for December. He said a Special meeting can be City Council Regular Meeting 08/28/91/KJ Page 23 called in lieu of anything that needs to be discussed and acted upon. City Manager Kelly said at the last Council meeting, he had heard concerns regarding the BSO contract and would like to address it. He said the whole issue on the BSO contract was originated when the City Manager in Hallandale challenged the contract the City of Tamarac has with Broward County. He said the City Manager in Hallandale complained to the Broward Commissioners that the City of Tamarac was being subsidized by over one million dollars with the current contract. City Manager Kelly said the County Commission did an analysis of the contract between BSO and Tamarac. He said there is a political battle between the BSO and the Broward County Commission over budgets each year. He said the City becomes either a casualty or a plus in this. City Manager Kelly said the allogation that the City of Tamarac has been overcharged is not only ludicrous but it is physically and fiscally impossible. He said Norman Thabbit, the County Auditor, agrees that the figures that he released to the newspapers were misleading. He said one of the reporters advised him that the reporter who wrote the story said it was incorrect regarding the City of Tamarac. City Manager Kelly said the audit by the County only covered part of a seven month period. He said any such partial analysis is easily flawed because it does not and cannot include expenses that are not recorded until the end of the year, such as $189,516 which is paid to the City for retirement, $88,000 that they pay for bonds and insurance, $15,000 for communication, and over $78,000 for gas and oil. City Manager Kelly said the contract requires a monthly payment by the City to the BSO of $438,378 to be paid at the beginning of the month. He said the audit took place after the money was received for one month, but not before two payrolls had been expended out of that. He said the City has never paid a penny more than the amount required by the contract. City Manager Kelly said he audits this, reviews all of the daily logs that are submitted by the BSO, all of their shift reports and assignments for the district, -meets and interacts frequently with Mike Goldstein, the District Commander, and with their Executive Officer and other personnel. He said he has been on patrols with them, been with their Swat Teams and on sting operations. He said he knows that they are present throughout the City. He said he can assure that the City's interests have been well served by all concerned and there is no overcharge. City Manager Kelly said the City is getting full value for the money and there is no responsible official in Tamarac that gave any credance to the allogations without fairly reviewing and looking at the actual facts. He said the only way that the City can be overcharged, even by summantics, would be for the BSO to underservice the City. He said in order to underservice the City of Tamarac by $756,510, the entire District 11 Substation would have had to shut down and close its operation, all of its manpower and patrols, for 24 hours a day, seven days a week for seven � weeks. City Manager Kelly said he does not feel that he could have missed the BSO being present in the City for seven weeks. He said the City is reimbursed on a monthly basis out of the $438,000 that the City pays to the BSO. He said $20,000 is paid back to the City as a percentage of the contract between the BSO and the City. He said when it escalates, so does their rental of the station. City Manager Kelly said this year the City will receive $248,400. He said the first year was $240,000 and next year the fee will be $259,580. He said it also provides that if any police officer or City Council Regular Meeting 08/28/91/KJ Page 24 personnel that is identified in the original contract is unable to work and cannot be replaced during that time, the City is reimbursed by the BSO for it. City Manager Kelly said Judy Kitograd, who was a Youth Counselor with the BSO, recently retired and went into a different function. He said the City has been reimbursed $25,000 for her salary expenses that would have been paid to her but are reimbursed because the City receives that after the payment comes out. City Manager Kelly said the City received approximately $3,000 when Sargeant Mike Consadine was unable to perform and they were unable to find someone to fill in for him during that timeframe. He said the City has not been overcharged. He said the City is receiving full service for the money that is being exspended. City Manager Kelly said since 1986 when the City accessed $163,537 in fines and forfeitures when the City's Police Department was present, the City received $523,610 last year from the BSO. He said the City is expected to receive well over $400,000 again. City Manager Kelly said the City received a fax from Hazen and Sawyer regarding the Public Works site. He said a letter is to be received that there will be monitoring only on the wells at the Public Works site. He said the letter has been issued and there are only three wells that will be required to be monitored at this time. He said his office will advise Mr. Berkowitz by letter. He said Chevron has contacted the City several times regarding this. City Manager Kelly said the contract for the sale of City Hall was discussed with Mr. Rotinsky and will possibly be able to be addressed at the next Council meeting. City Manager Kelly said the aluminum can drop off is now available at the City Hall site behind the dumpster to the rear of the building. He encouraged delivery of aluminum cans by the public to the drop off center. City Manager Kelly said on September 6, 1991, the City will hold a Conference for Public Officials which is called, "Ethical Considerations in Government". He said an effort was made to have the Council and the Charter Board attend this; however, the FAU personnel contacted his office and stated that the Charter Board is not considered as part of the normal course of most municipalities and they would have to pay separately. He said he has provided for the payment for the Charter Board members to attend. City Manager Kelly said Colony West requested permission to mow their lawns at an earlier hour. He said their exemption from the Noise Code was removed due to complaints of the residents who are in proximity of that complex. He said he was advised that there are nearly 20 miles of perimeter that needs to be mowed throughout the golf course and with the grass growing as rapidly as it has been, his business needs to have their grass cut. He said the BSO has been going to his personnel and threatening them with being arrested because of the complaints. He said there was a plan in place to allow them to cut at early hours. He said the previous exemption that he was given was for 7:00 a.m. C/W Glasser said she has been receiving complaints that they are cutting the grass beginning at 4:00 a.m. City Manager Kelly said that people are complaining that he begins cutting at 7:45 a.m. He said their request is for 7:00 a.m. and he would like some relief. He said the Code presently says that the Police Chief may allow the exemption. He said when those exemptions were allowed by the Police Chief in the past, it was through the concurrence of Council and at this time, the City does not have a Police Chief. ILI APE City Council Regular Meeting 08/28/91/KJ Page 25 C/M Katz said he would hope that Captain Goldstein is given the same authority as Chief Macintosh; if he sees that it is not a nuisance they will be permitted to cut at 7:00 a.m. Mayor Abramowitz said Woodmont drew up a plan whereby they are surrounded by certain houses so that even though it presents a problem, the residents are not effected. He said the property that is not close to the occupied residents is cut during the earlier hours. 5 V/M Bender said he would like Colony West to inform the City of their plans for grass cutting and City Manager Kelly agreed. C/W Glasser suggested 7:00 a.m. for the time and all agreed. Mayor Abramowitz said there was an article in the Tam -A -Gram about the people making sure that their address indicates Tamarac which is an important issue. He said any article of mail that is sent to the residents which does not indicate "Tamarac" on it, the City loses money on. He encouraged the residents to change their address to read, "Tamarac" if it does not. With no further business, Mayor Abramowitz ADJOURNED this meeting at 12:05 p.m. NORMAN ABRAMOWITZ- MAYOR CAROL A . EVAN$ _ CITY CLERK "This public document was promulgated at a cost of $291.22 or $6.47 per copy to inform the general public, public officers and employees of recent opinions and considerations of the City ^^•1ncil of the City of Tamarac." APPROVED ail Nll:.-P"? G of ";I ] /J �•7 ...-'� ,yam/ My Clerk