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
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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
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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
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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