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HomeMy WebLinkAbout1991-10-09 - City Commission Regular Meeting Minutes7525 Northwest 88 Avenue Tamarac, FL 33321-2401 ['I RECORD OF COUNCIL ACTIONS/DISCUSSION$ CITY OF TAMARAC CITY COUNCIL REGULAR COUNCIL MEETING WEDNESDAY, OCTOBER 9, 1991 • • U 9 1 1 ANNOUNCEMENT OX TIME ALLOCATIONO.L. - MOTIONS IQ 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. PUBLIC PART LCJXfiJ.I ON 1-PUBLIC RALTICTPATION - 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. 2. Items listed under Consent Agenda, item 2, are viewed to be routine and the recommendation will be enacted by ONE MOTION in the form listed below. If discussion is desired, then the item(s) will be removed from the Consent Agenda and will be considered separately. a MOTIQN TO ARPROVE the City Council minutes of the following meetings: 1. 9/04/91 - Special Budget Public Hearings 2. 9/19/91 - Special Budget Public Hearings JXINAL ACTION* APPROVED 10/9/91 Page 1 b. MOTION TO APPEM renewal of a model sales permit for WESTWOOD PINES in Building 5, Units 523 and 525, for a six-month period from 11/14/91 to 5/14/92. FINALACTION• APPROVED c. MOTION TO APPROVE renewal of a model sales permit for UNIVERSITY CLUB APARTMENTS, Building D, Units 57 and 70, for a six-month period from 11/11/91 to 5/11/92. FINAL ACTION APPROVED d. MOTION TO APPROVE the attendance of Carol Evans, City Clerk, and Patricia Marcurio, Office Manager, at the Florida Association of City Clerks Certification Institute, November 18-22, 1991, in West Palm Beach, Florida. e, allowing the Jaycees of Tamarac to conduct a carnival on Thursday, October 17, through Sunday, October 20, 1991, on a portion of vacant property located on University Drive, north of NW 76 Street. FINAL ACTION, - Removed for discussion and then DENIED f. FINAL ACTION:_ APPROVED MOTION TO ADOPT TemR. Reso. #6152 allowing St. Malachy Parish to conduct a carnival/circus on Thursday, November 7, through Monday, November 11, 1991, on church property located on University Drive, north of NW 61 Street. RESOLUTION R-91-175--PASSED Community 9. Qgvelopment supporting the protection of Broward County's fresh water resources, The Everglades, The Biscayne Aquifer and the East Everglades Wetlands. FINAL ACTION: RESOLUTION R-91-176--PASSED APPROVED General h, Administrative authorizing the appropriate City officials to execute a Hold Harmless Agreement with University Hospital in order to administer 1,000 free flu shots to Tamarac residents. FINAL AQ3:10N RESOLUTION R-91-174-PASSED APPROVED 11 11 11, 10/9/91 Page 2 i• releasing a cash bond in the amount of $150.00 posted by Ultra Security & Alarms, Inc., for installation of burglar alarms in the City. FINAL AQXION Removed for discussion and then TABLED j. SON TO ADOPT TAM ,__ ReSQ. #6142 accepting a bill of sale for the water distribution and sewage collection system improvements at THE CENTRE AT WOODMONT located at the southwest corner of University Drive and NW 78 Street. RESOLUTION R-91-177-PASSED k. MOTION TO ADOPT •Temp,__R$go. #6148 releasing performance and payment bond #0951-0149 in the amount of $21,047.42 posted by United Underground Contractor Corporation for the RIGHT TURN LANE ON NW 71 PLACE AT NOB HILL ROAD subject to receipt of a one-year warranty bond in the amount of $5,436.86. RESOLUTION R-91--178-PASSED 1. the attendance of Alan Levine, Public Works Operations Manager, at the Yard Waste Management Program from October 31-November 1, 1991, in Gainesville, Florida. �VCPAAWAOOCORA FAMM;%wol • 3• approving a waiver of Section 18-53(17)(a) of the Code to increase the total letter height on a wall sign from 20-inches to 30-inches requested by Dr. Jeffrey Stanger, 8197-A3 N. University Drive, in WALGREENS/WOODMONT SHOPPES. RESOLUTION R-91-179-PASSED 4• agreeing and accepting the provisional certification requirements of the Broward County Planning Council regarding the Tamarac Land Use Element of the Comprehensive Plan and agreeing to correct deficiencies within one (1) year. F-TNAL ACTION- RESOLUTION R-91-180-PASSED APPROVED 10/9/91 Page 3 5, a, approving a request by John Karliambas d/b/a UNIVERSITY DINER (formerly TOM NORRIS RESTAURANT) for a special exception to permit the operation of a restaurant at 5825 N. University Drive. Petition #42--Z-91 b, approving a request by John Karliambas d/b/a UNIVERSITY DINER (formerly TOM NORRIS RESTAURANT) for a special exception to permit the on -premises consumption of beer and wine at a proposed restaurant at 5825 N. University Drive. Petition #43-Z-91 FINAL ACTION• APPROVED 5.a. and 5.b. RESOLUTION R-91-181-PASSED RESOLUTION R-91-182--PASSED 6. - on second reading to amend Chapter 11 of the Code relating to landscaping and landscaping maintenance in order to protect the local environment. ORDINANCE 0-91-32-PASSED Public Hearing was held. APPROVED on second and final hearing. 7. ZUBLIC, HEARING - on second reading to repeal Sections 21-181 and 21-182 of the Code in order to relocate parks and recreation impact fee regulations within the Code. ZINAL ACTION: ORDINANCE 0-91-33-PASSED Public Hearing was held. APPROVED on second and final hearing. 8. PUBLIC REARING - on second reading to create a new Section 10-296 of the Code to provide for parks and recreation impact fee regulations within Chapter 10 of the Code entitled "sand Development Regulations" FINAL ACTION: ORDINANCE 0-91-34-PASSED Public Hearing was held. APPROVED on second and final hearing. 9, on second reading to create a new Section 24-315 of the Code regarding assembly areas in S-1 Recreational Districts (formerly Section 21-182 of the Code).. FINAL __ACTION: ORDINANCE 0-91-35-PASSED Public Hearing was held. APPROVED on second and final hearing. I 10/9/91 Page 4 10. on first reading concerning a request by PEBH ENTERPRISES to change the use of land located at the northeast corner of Nob Hill Road and Westwood Drive from Commercial to Medium Residential (11-15 dwelling units per acre) comprising 4.169 acres. Public Hearing was held. APPROVED on first reading. 11. on first reading to amend Section 24-81 of the Code concerning restructuring the membership of the Plan Adjustment Committee. FINAL ACTION" APPROVED on first reading. Public hearing and second reading will be held on Wednesday, October 23, 1991 at 10:00 a.m, in the Council Chamber of City Hall. 12. MOTI,QN TO ADAPT TemR`,Ord. #1564on first reading to amend Article III of Chapter 16 of the Code to redefine those City officials and employees whose participation in the Pension Plan is optional. FINAL— AC T I,QN- APPROVED on first reading. Public hearing and second reading will be held on Wednesday, October 23, 1991 at 10:00 a.m, in the Council Chamber of City Hall. 13. City Council 14. City ManAg= 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. Carol A. Evans City Clerk 10/9/91 Page 5 City Council Regular Meeting 10/09/91/KJ Page 1 fl CITY OF TAMARAC CITY COUNCIL REGULAR MEETING WEDNESDAY, OCTOBER 9, 1991 ALL TO ORDER: Mayor Abramowitz called this meeting to order on Wednesday, October 9, 1991 at 7:00 p,m, in the Council Chambers of Tamarac City Hall, 7525 Northwest 88 Avenue, Tamarac, Florida. MEDITATION AND_PLEDGE ,OF ALLEGIANCE_ Mayor Abramowitz called for the Pledge of Allegiance followed by Moment of Silent Meditation. Mayor Norman Abramowitz Vice Mayor Dr. Larry Bender Councilwoman Diane Glasser Councilman Irving Katz Councilman Henry Schumann John P. Kelly, City Manager Alan F. Ruf, City Attorney Carol A. Evans, City Clerk Karen Jackson, Secretary 2, e. allowing the Jaycees of Tamarac to conduct a carnival on Thursday, October 17, through Sunday, October 20, 1991, on a portion of vacant property located on University Drive, north of NW 76 Street. Removed for discussion. (Final action on Page 4) Mayor Abramowitz turned his gavel over to V/M Bender and MOVED to REMOVE Item 2.e. from the Consent Agenda for discussion, SECONDED by C/M Katz. VOTE: ALL VOTED AYE 2• i• releasing a cash bond in the amount of $150.00 posted by Ultra Security & Alarms, Inc., for installation of burglar alarms in the City. SYNOPSIS QF ACTION, Removed for discussion. (Final action on Page 4) C/W Glasser MOVED to REMOVE Item 2.i, from the Consent Agenda for discussion, SECONDED by V/M Bender. VOTE: ALL VOTED AYE City Council Regular Meeting 10/09/91/KJ Page 2 1. RIMLIC PARTICIPATION - Any member any issue which is not agendized for meeting. Speakers will be limited to item and at public hearings. There aggregate time limit for this item, to sign up in advance with the City participation. of the public may speak to public hearing at this three minutes during this will be a thirty (30) minute and speakers are encouraged Clerk prior to their Matt Lyons, representative for St. Malachy's Church, expressed his appreciation to the City for its support with the annual Carnival fund raiser to aid in keeping the tuition down. 1 Terry Hobmeier, resident of the Isles of Tamarac, expressed her concern regarding the drainage on NW 71 Place on Nob Hill Road to NW 108 Terrace. She said the yellow line has been painted on the street, but the repairs have not been done. She requested more patrols by the BSO in this area. She said she had requested BSO volunteer their time and speak to the children regarding crime and how it could be avoided. 2. Items listed under Consent Agenda, Item 2, are viewed to be routine and the recommendation will be enacted by ONE MOTION in the form listed below. If discussion is desired, then the item(s) will be removed from the Consent Agenda and will be considered separately. , 9WOR a. MQjjON TO APPROVE the City Council minutes of the following meetings: 1. 9/04/91 - Special Budget Public Hearings 2. 9/19/91 - Special Budget Public Hearings b. XQTION TO APPROVE renewal of a model sales permit for WESTWOOD PINES in Building 5, Units 523 and 525, for a six-month period from 11/14/91 to 5/14/92. C. MOTION TO APPROVE renewal of,a model sales permit for UNIVERSITY CLUB APARTMENTS, Building D, Units 57 and 70, for a six-month period from 11/11/91 to 5/11/92. d. MQZ,ION TO APPROVE the attendance of Carol Evans, City Clerk, and Patricia Marcurio, Office Manager, at the Florida Association of City Clerks Certification Institute, November 18-22, 1991, in West Palm Beach, Florida. 244 +0) 44 CAR0 AWITOY 40 to)+ City Council Regular Meeting: 10/09/91/Ki Page 3 f• allowing St. Malachy Parish to conduct a carnival/circus on Thursday, November 7, through Monday, November 11, 1991, on church property located on University Drive, north of NW 61 Street. RESOLUTION R-91--175-PASSED 9. supporting the protection of Broward County's fresh water resources, The Everglades, The Biscayne Aquifer and the East Everglades Wetlands. RESOLUTION R-91-176-PASSED -• r h• authorizing the appropriate City officials to execute a Hold Harmless Agreement with University Hospital in order to administer 1,000 free flu shots to Tamarac residents. RESOLUTION R-91-174-PASSED J. accepting a bill of sale for the water distribution and sewage collection system improvements at THE CENTRE AT WOODMONT located at the southwest corner of University Drive and NW 78 Street. RESOLUTION R-91-177-PASSED k• releasing performance and payment bond #0951-0149 in the amount of $21,047.42 posted by United Underground Contractor Corporation for the RIGHT TURN LANE ON NW 71 PLACE AT NOB HILL ROAD subject to receipt of a one-year warranty bond in the amount of $5,436.86. • -- RESOLUTION R-91-178-PASSED 1 • MOTION TO MP&= the attendance of Alan Levine, Public Works Operations Manager, at the Yard Waste Management Program from October 31-November 1, 1991, in Gainesville, Florida. C/W Glasser MOVED to APPROVE the Consent Agenda, SECONDED by V/M Bender. VOTE: ALL VOTED AYE City Council Regular Meeting 10/09/91/KJ Page 4 2. e. allowing of Tamarac to conduct a carnival on Thursday, through Sunday, October 20, 1991, on a portion property located on University Drive, north of Street. Removed for discussion on Page 1. DENIED the Jaycees October 17, of vacant NW 76 Mayor Abramowitz said this is an item that has been presented to the City by the Tamarac Jaycees for having a carnival in Tamarac directly across the street from,the school. He said there has always been a requirement of a Certificate of Flame Resistance being presented to the City in order to receive a permit. He requested this item be tabled based on the lack of this certificate. Mayor Abramowitz said he was remiss in mentioning that a City employee from the Building Department, Joe Pedalino, was killed in an automobile accident over the weekend. He said the Occupational Licensing Inspector, Judy Yacobellis, is absent from this meeting due to Mr. Pedalino's death because he was her uncle and based on this, he requested a tabling of this item for her input. C/W Glasser expressed her concern regarding the close proximity to the school. She said there will be two carnivals within a two month period which is a bit much for Tamarac residents. She said she would have no objection if the Tamarac Jaycees reapplied at another time, with a different location and the appropriate paperwork. C/M Schumann said there may be a possible conflict with the dates on their letter, which shows October 16 through 21, 1991, and on their application it shows October 17 through 20, 1991. C/W Glasser MOVED to DENY Temp. Reso. #6151, at the present time and that the Jaycees should reapply at another time with another location, date and the appropriate paperwork. C/M Schumann said this involves the Jaycees and the Amusements of America. He asked if rides and booths will be brought in and Mayor Abramowitz said there will be a funhouse, a darkhouse, booths, rides and games. C/M Schumann asked if the Amusements of America would have to have flame retardant and flame resistant facilities and Mayor Abramowitz said there was a company a couple years ago that could not provide proof of flame resistance; therefore, they were not able to receive a permit. C/M Schumann asked if this Certificate has been requested and Mayor Abramowitz said it is part of the requirements. C/M Schumann SECONDED the Motion. VOTE: ALL VOTED AYE 2. i. releasing a cash bond in the amount of $150.00 posted by Ultra Security & Alarms, Inc., for installation of burglar alarms in the City. Removed for discussion on Page 1. TABLED. C/W Glasser asked if the work has been satisfactorily completed and City Manager Kelly said the City had a policy in the past of posting a cash bond in order to do business within the City; however, the City no City Council Regular Meeting „ 10/09/91/KJ Page 5 longer has this requirement. He said this company ceased to do business approximately three years ago and requested their $150 cash bond to be refunded. He said there are no outstanding permits by this company. C/M Schumann said this company was incorporated and now an individual is requesting this money. He asked if this individual was actually the President of this company. Peter Mack, Personnel Director, said this company was certified and the gentleman who applied for the refund was the President of the company. He said the company stopped doing business in 1988 and there are no outstanding jobs. C/W Glasser asked if the company went out of business or did they go bankrupt and Mr. Mack said they went bankrupt. C/M Schumann said the City cannot give the money to the former President because the corporation is no longer in existence and this money should have been listed as an asset on the bankruptcy. Mayor Abramowitz said he feels a Motion is in order to direct the City Manager and the City Attorney to make sure of the disposition of this money. Mr. Mack said this company did not go bankrupt, but the application shows that they went out of business. C/W Glasser MOVED to direct the City Manager and City Attorney to research as to whether or not the company went out of business or bankrupt, SECONDED by C/M Schumann. City Attorney Ruf said the City Clerk has indicated that it would be preferable to Table this item. C/W Glasser MOVED to TABLE Temp. Reso. #6143, SECONDED by C/M Schumann. VOTE: ALL VOTED AYE 3• approving a waiver of Section 18-53(17)(a) of the Code to increase the total letter height on a wall sign from 20-inches to 30-inches requested by Dr. Jeffrey Stanger, 8197-A3 N. University Drive, in WALGREENS/WOODMONT SHOPPES.. SXNOPSI,% or ACTION. RESOLUTION R-91-179-PASSED See Page 11 City Attorney Ruf read Temp. Reso. #6149 by title. C/M Katz MOVED to APPROVE Temp. Reso. #6149, SECONDED by C/W Glasser. Dan Wood, Chief Building Official, said this applicant has an existing sign at a store front located in the Walgreens/Woodmont Shoppes at NW 82 Avenue and University Drive which conforms to the sign code. He said the applicant has now been denied a sign application to change the existing sign and seeks a waiver to increase the total letter height from 20- inches to 30-inches. He said the denial was based on Section 18-53, Paragraph 17, Sub -paragraph A, of the Sign Ordinance which allows for a maximum total letter height of 20-inches for stores fronting NW 82 Avenue. Mr. Wood said the Building Department cannot approve the application due to the fact that the sign would not conform to the Sign Ordinance for this shopping center and the criteria formed. City Council Regular Meeting 10/09/91/KJ Page 6 Mayor Abramowitz said Council has attempted to provide any help to any commercial business coming into the City. He asked if all of the other signs in the shopping center are approximately the 17-inches and Mr. Wood said all are except for Walgreens which faces University Drive and is permitted the larger lettering. Mayor Abramowitz said the Council fought hard to get the City into conformity. V/M Bender asked how far back off of NW 82 Avenue the setback is and Mr Wood said he did not have that information in front of him. Mr. Wood said in the Sign Ordinance, the setbacks from the street are used beginning with the width of the right-of-way which the store faces. He said 200 feet would allow a 25-inch letter before implementation which allows 1-inch additional height in letter height for every 50 feet. He said NW 82 Avenue is setback at 60 feet and the lettering begins at 16 inches which is less than the implementation would allow which permits up to 20 inches in letter height. C/M Katz asked the number of tenants in the shopping center and Mr. Wood said there are six at the present time including Walgreens. Lee Morgan, representative for AAA Signs and Dr. Jeffrey Stanger, said the problem is that the sign cannot even be read from inside the shopping center because it is required to be on two lines. He said in placing it on two lines, the word "Stanger" is only 10 inches tall and the word "Chiropractic" is only 8 inches tall. He suggested the word "Chiropractic" as is and increase the word "Stanger" from 10 inches to 18 inches so it may be seen more easily. He said the graphic symbol to the left of the sign is a universal chiropractic symbol of a spine. He said the letters are simply not effective the way they are now. C/W Glasser asked if the lettering is flat against the building and Mrji Morgan said they are flat against the building; however, the building structured in a way that the signage can be raised or flat against the building. V/M Bender said he would like to see the size of that sign increased due to the setback and the location. Mr. Morgan said the Building Inspector suggested the sign increase and C/W Glasser said if the signage is to be increased, it should be done for everyone. C/W Glasser said when the Sign Ordinance was created, the City officials did not know the design of the various shopping centers. She said she feels this should be changed for all of the businesses facing NW 82 Avenue. Mr. Morgan said this request was due to the sign being a two-line sign requiring a total sign to be 30 inches in height. Mayor Abramowitz said the Public Hearing must start promptly at 7:30 p.m. and would continue this immediately following the Public Hearing. (Continued on Page 11) City Council Regular Meeting 10/09/91/KJ Page 7 6. PUBLIC HEARING - on second reading to amend Chapter 11 of the Code relating to landscaping and landscaping maintenance in order to protect the local environment. ORDINANCE 0-91-32-PASSED Public Hearing was held. APPROVED on second and final hearing. City Attorney Ruf read Tamp. Ord. #1542 by title. C/M Schumann MOVED to APPROVE Temp. Ord. #1542, SECONDED by C/W Glasser. Kelly Carpenter, Director of Community Development, said this is the second reading on the amendments to Chapter 11 of the Code which deal with landscape maintenance requirements in the City. She said the City had a problem with hatracking in the past couple of years and this Ordinance sets standards and requires permits and inspections for pruning. She said this item has gone through several workshops, has been discussed with industries that would be most affected, and the landscapers and tree trimmers were invited to the workshops, none of whom attended. Ms. Carpenter said the City invited the President's Council to appear at workshops but the City did not have good participation there either. She said the Council and the Planning Commission held workshops on this. Mae Schreiber, resident of Kings Point, asked if this Ordinance pertains to private home owners retaining a permit for the tree pruning and Ms. Carpenter said single-family homes are exempt. Ms. Carpenter said the permitting and inspection process are exempted for single --family homes, but the pruning must be done in accordance with the standards that are set in the Ordinance. She said if a homeowner pays a vendor or should themselves damage a tree and it is discovered by Code Enforcement, then they would be subject to the same fines as anyone else. Mayor Abramowitz said there was a very good presentation made by the people from the County regarding the tree pruning. He said this City is very strict regarding the maintenance of the trees. Ms. Schreiber said sometimes a person will have a tree pruned and it will seem as though the tree is dead, but when it comes back to life, it is much more beautiful than it was in its original form due to being reshaped. She asked if the home owner needs to inform the landscaper about the Ordinance and Mayor Abramowitz said the landscaper should be informed prior to beginning work on the trees. Ms. Carpenter said the Ordinance states what is or is not tree abuse and read the various instructions from the Ordinance. Terry Hobmeier, resident of the Isles of Tamarac, said she has noticed the abuse to the trees on McNab Road near the golf course. She expressed her concern regarding the replacement of the trees by shrubbery. VOTE: TAPE 2 ALL VOTED AYE City Council Regular Meeting 10/09/91/KJ Page 8 7. - on second reading to repeal Sections 21-181 and 21-182 of the Code in order to relocate parks and recreation impact fee regulations within the Code. ORDINANCE 0-91-33-PASSED Public Hearing was held. APPROVED on second and final hearing. City Attorney Ruf read Temp. Ord. #1566 by title. C/M Schumann MOVED to APPROVE Temp. Ord. #1566, SECONDED by C/W Glasser. Ms. Carpenter said this will be addressing Items #7, 8 and 9 due to being packaged as a set. She said Sections 21-181 and 21-182 of the City Code describes park and recreation impact fees for the City, which sets forth a procedure and a set of payment standards for payment of fees at the time of platting. She said this repeals it out of Section 21-181, which is platting and moves it into Item #8, to Section 10-296, which is the site plan requirements of the Ordinance. She said during the first reading she had cited research which shows that it is healthier for the City to charge the impact fee for parks at the time of site plan rather than at platting. Ms. Carpenter said Item #9 is purely housekeeping of which the current Section 21-182 sets forth standards for recreation buildings in S-1 districts which is clearly a zoning function and should be removed from the Recreation Impact Fee Section• therefore, it is being removed from Section 21-182 and moved to Section 24-315. She said the standards for park and recreation impact fees adopted in the Comprehensive Plan have been moved into this Ordinance and were updated in 1991. C/M Katz said he feels the time has come that the City can no longer tell developers that they are not wanted in the City. He said the City has restricted the type of development in the past because of the amount of money that had to be put up front. He said he feels that the City is restricting the type and amount of development that is going to come into the City if the City is going to be so demanding as to insist that all of these impact funds be put up prior to the time of site plan approval. Joe Schreiber, resident of Kings Point, asked if Section 21--181 will read the same in Section 10-296 and Ms. Carpenter said it is not the same because it incorporates the standards that were adopted in the Comprehensive Plan which are different from those that exist in the language in Section 21-181 at the present time. She said it mirrors that language which is in the Comprehensive Plan which changes those developer standards based on the level of service standards that the City feels it is capable of paying for. Ms. Carpenter said the current standard is based on zoning categories and does not relate itself directly to the County standard of 3 acres per 1,000 people regardless of the zoning category. She said the City does not have 3 acres per 1,000 population of public park space, but does have 1.3 acres of public park space per 1,000 people. She said if the City were to set its level of service standard per parks at what the County wants it to be at 3 acres per 1,000 people of public park space, then the existing 44,000 residents of the City would have to ante the money to buy the land and the money to develop it to bring the existing standards up to 3 acres per 1,000 population before the City could set the standard at 3 acres per 1,000 population in order to charge new developers the same. Ms. Carpenter said this Council made the decision more than one year ago that this was not a sound policy and they directed that it be reviewed again. She said the Community Development evaluated all of the privately owned recreation in the City and determined that there are 3.5 acres per 1,000 of private recreation in the City which is deed restricted and zoned for private recreation purposes exclusive of golf courses. She said the current standard in the Ordinance is 1.3 acres per 1,000 of City Council Regular Meeting 10/09/91/KJ Page 9 public dedication and the dedication of the funds to approve it plus the requirement for 3.5 acres per 1,000 population of private open space. Mr. Schreiber asked how this affects the money in lieu of land and Ms. Carpenter said it will affect it based on the density of the parcel. Mr. Schreiber asked if the City will benefit or suffer financially by this change and Ms. Carpenter said the vast majority of land that is currently undeveloped residential is owned by Lennar Homes. She said Lennar Homes is under Stipulation 9 and they pay $95.00 per unit regardless of what the City does on this Ordinance. She said this Ordinance is aimed at addressing the non-Lennar parcels which are a minute portion. Mr. Schreiber asked how this will affect the City's finances and Mayor Abramowitz said the residents have seldom seen abandoned projects in the City because the developer would prefer to pay his impact fees upon receiving his Certificate of Occupancy; however, Tamarac has been very strict by having the developer put his money up front and the developer tends to complete the project. VOTE: ALL VOTED AYE 8. PUBLI.0HEARING MOTION__ TO ADOPT, Tem2.Ord,#1567 on second reading to create a new Section 10-296 of the Code to provide for parks and recreation impact fee regulations within Chapter 10 of the Code entitled "Land Development Regulations" SYNOPSIS OF—ACTTIQN: ORDINANCE 0-91-34-PASSED Public Hearing was held. APPROVED on second and final hearing. City Attorney Ruf read Temp. Ord #1567 by title. V/M Bender MOVED to APPROVE Temp. Ord. #1567, SECONDED by C/M Katz. Ms. Carpenter said that moving it to Land Development Regulations which is a site planning process out of Subdivision Regulations allows the developer or a land owner who is not yet ready to develop, to get their plat through Broward County and obtain their trip ticket so that they can continue to be in the development process. She said the City is desirous of seeing some of the vacant parcels developed in the City and if the City receives this money up front and the developer cannot pay them they cannot get through the County or City process. Mayor Abramowitz said the Comprehensive Land Plan has changed the world. He said the City has a 75 acre piece of land that has fallen under concurrency which cannot be built on. He said land must be platted and a trip ticket accessed based on the concurrency rule. C/M Katz said the tax base for a vacant piece of property is against the tax base of an improved piece of property is different. He said the City will continue to have vacant land and no development if the City continues to make it as difficult as possible. He said he feels that it behooves the Council to give the developer every opportunity to go to plat. VOTE: ALL VOTED AYE City Council Regular Meeting 10/09/91/KJ Page 10 9. on second reading to create a new Section 24-315 of the Code regarding assembly areas in S-1 Recreational Districts (formerly Section 21-182 of the Code). SYNOPSIS OF ACTION: ORDINANCE 0--91--35-PASSED Public Hearing was held. APPROVED on second and final hearing. City Attorney Ruf read Tamp. Ord. #1568 by title. C/M Schumann MOVED to APPROVE Tamp. Ord. #1568, SECONDED by C/W Glasser. Terry Hobmeier, resident of the Isles of Tamarac, expressed her appreciation to Ms. Carpenter for the work she has done for the City. VOTE: 10. PUBLIC HEARING - MOTION TO ADOXX 1=2. Qrd_ #1574 on first reading concerning a request by PEBB ENTERPRISES to change the use of land located at the northeast corner of Nob Hill Road and Westwood Drive from Commercial to Medium Residential (11-15 dwelling units per acre) comprising 4.169 acres. SYNOPSIS OF ACTION: Public Hearing was held. APPROVED on first reading. City Attorney Ruf read Tamp. Ord. #1574 by title. V/M Bender MOVED to APPROVE Tamp. Ord. #1574, SECONDED by C/W Glasser. Ms. Carpenter said this is an application by Pebb Enterprises. She said the surrounding land uses are as follows: north -medium density residential, 11-15 dwelling units to the acre, east -medium residential, 11-15 dwelling units to the acre, west -commercial (Point Plaza), and south -across Westwood Drive is low density residential, 5 units or less to the acre. Ms. Carpenter said the justification for this request for change of land use are as follows: the original commercial parcel is too large to accommodate the demand by the surrounding residential community. She said the abutting commercial site, which is Point Plaza, fronts on Nob Hill Road, and if commercial development were to occur on this site, it would front on Westwood Drive directly across from a single-family residential neighborhood. Ms. Carpenter said less than a quarter mile south of this site is a built commercial parcel which is the Sun Island Plaza which is almost completely vacant. She said there are four other commercial parcels in the area to adequately serve the surrounding residential areas. She said all of the residential parcels north of Westwood Drive have the density of 11-15 dwelling units to the acre, regardless of their zoning. She said some of them have R-3U zoning. She said this change to the Land Use Plan Map is consistent with the following Rules, Objectives and Policies with the City's Comprehensive Plan and the future Land Use Element whic comply with Objectives 1, 4, 10, 13 and 16, Policies 10.1, 10.2, 10.8 and 16.1 and the Housing Element 1 through 89 and Policies 1.4 and 1.5. Ms. Carpenter said the Planning Commission has unanimously recommended this Land Use Plan application and the Staff is recommending this application. Mayor Abramowitz OPENED and CLOSED this Public Hearing with no response. C/M Katz asked if the medium density, 11-15 dwellings units to the acre, gives a restriction as to the size of the units and Ms. Carpenter said not at the time of the Land Use Plan amendment. She said that is a condition of zoning. City Council Regular Meeting 10/09/91/KJ Page 11 Ms. Carpenter said these people could apply to R3-U, R-3 or R-4A, but not R-5. She said after the Land Use Plan is amended, they would come before Council for the zoning. C/W Glasser said there is a concern and a hardship to the residents in that area. She said this is a two-lane highway going east and west, there are single-family houses that are facing the street and it is a burden that Point Plaza is there due to the exit located there. She said she feels this would be a tremendous hazard to the people in the area. VOTE: ALL VOTED AYE Mayor Abramowitz RECESSED and RECONVENED this meeting at 8:15 p.m. with ALL PRESENT. 3. MOTION.TO ADOPT Tom -- Res!2 #6149 approving a waiver of Section 18-53(17)(a) of the Code to increase the total letter height on a wall sign from 20--inches to 30-inches requested by Dr. Jeffrey Stanger, 8197-A3 N. University Drive, in WALGREENS/WOODMONT SkOPPES. SYNOPtjj9 OF ACTION: RESOLUTION R-91-179-PASSED APPROVED (Continued from Page 6) C/M Katz said the City cannot continue denying businesses the opportunity to be visible to the public. He said he feels that the City should allow visibility from the street to any shopkeeper who wants to come into the City. He said this may mean that the City needs to review the entire Sign Code and make the necessary changes to it. Mayor Abramowitz suggested this be discussed further by Council. C/M Schumann said the criteria may need to be changed for this shopping center if the City gets an influx of requests. C/W Glasser said she feels Council should pass this issue and then review the Sign Ordinance thoroughly. VOTE: ALL VOTED AYE 4. MOTION TO ADOPT „TOMB. Reso„R#_6150 agreeing and accepting the provisional certification requirements of the Broward County Planning Council regarding the Tamarac Land Use Element of the Comprehensive Plan and agreeing to Correct deficiencies within one (1) year. RESOLUTION R-91-180-PASSED City Attorney Ruf read Temp. Reso. #6150 by title. C/M Katz MOVED to APPROVE Temp. Reso. #6150, SECONDED by C/W Glasser. Ms. Carpenter said the Broward County Planning Council recently approved provisionally the Tamarac Land Use Element, which has been a struggle to achieve. She said the Broward County Planning Council has sent the City a list of minor changes which have to be brought before Council as amendments. She said some are policy statements that are missing from the City Plan that are in the County Plan which are required. She said some are in the City Park Element,, which the County wants as the Land Use Element and other such situations. She said there are some misunderstandings about how some of the Land Use works in the City with respect to the court order parcels. City Council Regular Meeting 10/09/91/KJ Page 12 Ms. Carpenter said these items will have to be changed in order to obtain full certification. She said the package of amendments will be given to Council early in 1992. Mayor Abramowitz asked if this is mostly housekeeping and Ms. Carpenter said all of it is housekeeping. C/M Katz said his concern is with the one year time restriction and Ms. Carpenter said it is almost completed and the one year time period is sufficient. VOTE: ALL VOTED AYE 5. a. MOTION TO ADOPT T=. Reso. #6145 approving a request by John Karliambas d/b/a UNIVERSITY DINER (formerly TOM NORRIS RESTAURANT) for a special exception to permit the operation of a restaurant at 5825 N. University Drive. Petition #42-Z-91 b. MOTION TO ADOPT Temn. Reso. #6146 approving a request by John Karliambas d/b/a UNIVERSITY DINER (formerly TOM NORRIS RESTAURANT) for a special exception to permit the on -premises consumption of beer and wine at a proposed restaurant at 5825 N. University Drive. Petition #43-Z-91 • vff-*T"�14 4 t• , Im s. F: c 5.b. RESOLUTION R-91-181-PASSED RESOLUTION R-91-182-PASSED 5.a. City Attorney Ruf read Temp. Reso. #6145 by title. C/M Schumann MOVED to APPROVE Temp. Reso. #6145, SECONDED by C/W Glasser. Ms. Carpenter said this is an application by University Diner. She said Tom Norris Restaurant had previously occupied this building, but a special exception is required under the Code because the building has been vacant for more than 60 days which is standard procedure. She said the site is designated commercial on the Land Use Plan and is properly zoned B-2 which allows restaurants. She said the Code of Ordinances specifies the following criteria for restaurants: the restaurant must be at least 100 feet from the nearest residential property line; the means and method of 6 day per week waste collection must be submitted; the dumpster must be properly located on the site plan; the applicant must demonstrate that the dumpster is a sufficient size to accommodate the waste; a plan for control, reduction or elimination of offensive odors must be submitted and,the Code provides that the Council may set such additional conditions necessary to insure the health, safety and welfare for the residents of the City. Ms. Carpenter said if Council changes or sets additional conditions that are set by the Planning Commission, it takes a 4/5 vote. She said the restaurant is at least 100 feet from the residential property. She said they have submitted their odor control plan and their waste contract. She said there is adequate parking and the Planning Commission recommended unanimous approval of this without additional conditions. V/M Bender asked where this restaurant is located and Ms. Carpenter sai it is located in Midway Plaza. C/M Katz said he feels it is ludicrous for people to have to come back to Council for a special exception. He requested that the City review the Code so that under certain considerations, people do not have to wait several months for special exceptions. He said he feels Staff is qualified to make some decisions without Council. Mayor Abramowitz said the City does need to review the Code. He said he feels Staff is competent; however, he would fight to prevent Council from giving up their right to make decisions. City Council Regular Meeting 10/09/91/KJ Page 13 I C/W Glasser said all situations need special exceptions. VOTE: ALL VOTED AYE 5.b. City Attorney Ruf read Temp. Reso. #6146 by title. C/W Glasser MOVED to APPROVE Temp. Reno. #6146, SECONDED by V/M Bender. Ms. Carpenter said this is an application requesting on -premises consumption of beer and wine at University Diner. She said there was a special exception for on -premises consumption granted in 1980, but that exception was non -transferable. She said the Staff and Planning Commission recommended approval with no special conditions set by the Planning Commission. VOTE: ALL VOTED AYE 11• on first reading to amend Section 24-81 of the Code concerning restructuring the membership of the Plan Adjustment Committee. SYNORSIS - Or ACTION* APPROVED on first reading. Public hearing and second reading will be held on Wednesday, October 23, 1991 at 10:00 a.m. in the Council Chamber of City Hall. City Attorney Ruf read Temp. Ord. #1578 by title. C/M Katz MOVED to APPROVE Temp. Ord. #1578, SECONDED by V/M Bender. Ms. Carpenter said the Plan Adjustment Committee is a committee which hears minor amendments to site plans and the Staff is proposing to add members of the BSO and a City Council member as exofficiol and to officially add Public Works to the list. Mayor Abramowitz asked why the Committee cannot be left as is and Ms. Carpenter said the main problem with the Plan Adjustment Committee legislation as it is currently in the Code is that it designates a City Council liaison to the Community Development Department and then it says that this liaison is a voting member of the Plan Adjustment Committee. She said it is the opinion of Staff that this is not an appropriate function for a Council member to sit on another body inside the City simultaneously; therefore, it is being changed to exofficiol. Ms. Carpenter said at this time, Staff is taking this opportunity to add BSO and Public Works which was in draft form and another set of changes that are pending. Mayor Abramowitz asked if this will make it more unwieldy and Ms. Carpenter said this would make it official. C/M Katz said he had expressed his concerns regarding this in a previous meeting on dual voting by a Council member. Mayor Abramowitz said he feels it is not proper for any Council member to sit on any other committee and be a voting member. VOTE: ALL VOTED AYE City Council Regular Meeting 10/09/91/KJ Page 14 12, on first reading to amend Article III of Chapter 16 of the Code to redefine those City officials and employees whose participation in the Pension Plan is optional. SYNOPSIS QF ACTION* APPROVED on first reading. Public hearing and second reading will be held on Wednesday, October 23, 1991 at 10:00 a.m. in the Council Chambe of City Hall. City Attorney Ruf read Temp. Ord. #1564 by title. C/W Glasser MOVED to APPROVE Temp. Ord. #1564, SECONDED by V/M Bender. Peter Mack, Personnel Director and Secretary for the Employee Pension Trust, said this is a redefinition of the portion of the existing Code defining the positions that are eligible to opt out of the Pension Plan. He said the actuary indicates that if the eligible personnel opted out of the Plan, there would be a reduction in the City's contribution. He said Staff recommends approval. Mayor Abramowitz requested this be explained thoroughly for the public to understand. Mr. Mack said the amendment to the Code being propsed permits certain positions within the City to opt out of the participation in the Pension Plan and to pursue their own elements of providing for their own retirement. He said this redefines that portion of the Code that allows certain employees of the City to opt out of the Pension Plan. Mayor Abramowitz asked if this will cost the City more money and Mr. Mack said, no. TAPE 3 V/M Bender said there are a number of young City employees who have a life cycle of approximately 4 or 5 years of staying in their position and then moving ahead to another City. He said he feels that this is not the appropriate way to establish a retirement fund. He said they are looking to opt to remove themselves to set up a separate retirement fund elsewhere. He said he feels there is no harm in permitting this and the City will save a portion of its contribution to the Fund and gives the employee an opportunity to do what he or she wants to do for their own retirement. City Manager Kelly said there is an advantage to the City in attracting talent to the City. Mayor Abramowitz said this was tabled at a previous meeting because C/W Glasser wanted to see the amounts involved. He said the actuary states that the City will be saving money. V/M Bender said this does not make it mandatory that they not participate, but gives them the opportunity to make their own decision. Mae Schreiber, resident of Kings Point, asked if this applies to every employee in the City and V/M Bender said, no. Mayor Abramowitz said there are certain categories that are not covered by the Union and Mr. Mack said these are Pay Plan 6 employees. Mayor Abramowitz said at the present time there are two people this concerns and V/M Bender said those two people are Dina McDermott, Assistant City Manager and Mary Blasi, Finance Director. C/W Glasser said she had requested this item be tabled at a previous meeting because she felt uncomfortable with two members of the Pension Board unable to be present at that meeting. VOTE: ALL VOTED AYE City Council Regular Meeting 10/09/91/KJ Page 15 RF1 13. Q ty Council C/M Schumann said he read some correspondence from the City's former insurer who has denied coverage in reference to former Mayor Hart's request for legal fees. He said he also read some correspondence from an Attorney Seigel who is representing Mr. Hart regarding his attorney's fees. C/M Schumann requested that the City Attorney be directed to research this as soon as possible as to not deprive Mr. Hart of his rights. City Attorney Ruf said he would have it on Friday morning. C/M Katz expressed his appreciation to the BSO response to a call from a representative from St. Malachy's Church. He said he wrote a letter thanking Captain Goldstein for the BSO officer performing with patience and professionalism. C/W Glasser said the drainage on NW 71 Place is being checked into at the present time. She said she requested that Mr. Couzzo and Mr. Sparks get the costs for this hazard and will be getting the information to Council as soon as they can. V/M Bender said the City has been trying for months to do whatever it can to reduce the costs of trash collection, although, Tamarac is one of the cities with the lowest rates. He said he has been attempting to get the Broward League of Cities to help the. City to endorse a letter to the Attorney General to investigate the possibility of some violation in the Sherman Anti -Trust Act. He said Council had to approve another increase for Waste Management. He said a letter was sent to Washington, requesting that the Attorney General investigate and report to the City the options the City has under conditions which are prevailing in order to get some competition in bidding for waste collection. He said the City is not getting this help locally and the City will exhaust every possibility to achieve its objective in keeping the costs down. Mayor Abramowitz expressed his appreciation to Assistant City Manager Dina McDermott and her Staff members along with Helen Sobel, in the registration drive for the free flu shots. Mayor Abramowitz said the Council has directed the City Manager to go out to bid on trash collection. He said the City is in its last year of the five year contract with waste Management. He said many of the cities subsidize their trash collection. He requested that the City Manager research the possibility of utilizing the bag method. He said the main reason that some cities have a lower fee than Tamarac is because these cities give an exclusive contract to the trash hauler. 14. City Manaaer City Manager Kelly said the rates have increased in accordance with the Waste Management contract. He said the rate increase:; are as follows: Currently Perce,}z,,,tace Raised Lp_ Single Family $14.24 4.7% $14.91 Condominium $/7.16 4.7% $ 7.50 City Manager Kelly said the'City has alerted the prospective vendors that provide sanitation service, that the City was going to be bidding out in the near future. He said the City has received several responses to that and will be meeting with them in, November, 1991 for discussion. City Manager Kelly said Red Ribbon Week is October 21 through October 25, 1991 which is "Say No To Drugs" Week. He said the BSO will be supplying the City employees and vehicles with red ribbons to promote this. City Council Regular Meeting 10/09/91/KJ Page 16 City Manager Kelly said there are approximately 60 shots left after the registration and anyone who is interested should contact his office after 3 p.m. tomorrow afternoon. Mayor Abramowitz said anyone who has not pre -registered cannot receive the flu shot without registering. He said the remainder of shots will be given on a first -come first --serve basis. City Manager Kelly said the City will be having bulk trash pickups on November 25, 26 and 27, 1991. City Manager Kelly said he will be out of town for a week on vacation and Assistant City Manager McDermott will be representing him at the next Regular Council meeting. With no further business, Mayor Abramowitz ADJOURNED this meeting at 9:00 P.M. NORMAN ABRAMOWITZ MAYOR CAROL A. EVANS CITY CLERK "This public document was promulgated at a cost of $194.87 or $4.33 per copy to inform the general public, public officers and employees of recent opinions and considerations of the City Council of the City of Tamarac." CITY OF TAMA,A.G APPROVED AT MEETING Of City Clerk n u