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HomeMy WebLinkAbout1990-10-10 - City Commission Regular Meeting MinutesCITY. OF TAiMARAC CITY COUNCIL REGULAR MEETING WEDNESDAY, OCTOBER 10, 1990 Mayor Abramowitz called this meeting to order on Wednesday, October 10, 1990 at 9:00 A.M. in the Council Chambers. NATION AND PLEDGE OF ALLEGIANCZ; Mayor Abramowitz called for the Pledge of Allegiance followed by Moment of Silent Meditation for the service men and women overseas. Mayor Norman Abramowitz Vice Mayor Bruce Hoffman Councilman Dr. Larry Bender Councilman Henry Rohr ABSENT _AND __�7CCI7SED� Councilman Henry Schumann ALSO PRESENT John P. Kelly, City Manager Alan F. Ruf, City Attorney Carol A. Evans, City Clerk Karen Jackson, Secretary 1. PRESENTATION by City Manager Kelly of a five-year service award to LARRY BVRKS, Public Works Department, and ten-year service awards to MILTON GLASS, Public Works Department, and MARK SMITH, Fire Department. SYNOPSIS Or AC!IT ON" Presentations were made. 2. by Mayor Abramowitz of a proclamation designating the month of October, 1990, as "NATIONAL STAMP COLLECTING MONTS". Presentation was made to Margaret Bourdon, Assistant Principal of Tamarac Elementary School. Mayor Abramowitz read the proclamation and presented it to Margaret Bourdon, Assistant Principal of Tamarac Elementary School. Margaret Bourdon expressed her appreciation for the continuous support by the Council and residents of Tamarac. 3. by Mayor Abramowitz of a Certificate of Appreciation to RXRMAN SRULMAN of the Public Information Committee. SYNOPSIS Off'+' __ ACTION: Presentation held for City Council meeting on Wednesday, October 24, 1990, at 7:00 P.M. Mayor Abramowitz said Mr. Shulman deserves to be honored individually and held the presentation for Wednesday, October 24, 1990, at 7:00 P.M. Page 1 City Council Regular Meeting 10/10/90/KJ 4. PRaSF�ITATION by Mayor Abramowitz of a proclamation designating the week of October 14-20, 1990, as "SCHOOL LUNCH WEEK". $ice ,QP S IA OF ACTION; Presentation was made to Judy Adams, Supervisor of the School Board of Broward County. Mayor Abramowitz read the proclamation and presented it to Judy Adams, Supervisor of the School Board of Broward County. Ms. Adams expressed her appreciation. 5. $P$SRNTATION by Mayor Abramowitz of a proclamation designating the week of October 20-28, 1990, as "NATIONAL RED RIBBON WZZK". AYNOPSI4 gF ACTION= Presentation was made to Jack McCann of Broward Informed Parents. Mayor Abramowitz read the proclamation and presented it to Jack McCann of Broward Informed Parents. 1 Mr. McCann expressed his appreciation and said this support needs to be for all 365 days per year. 6. PRaS &7!,IRN by Mayor Abramowitz of a proclamation desigrnat;ing the week of October 7-13, 1990, as "FIRE PREVENTION WEEK" j S,YNOP S 1 3 ACT I ON : Presentation was made to Jim Budzinski, Fire Marshal. Mayor Abramowitz said the Fire Department is entertaining 2,000 children from Tamarac and other sister cities and Dade Count► this week.. He said they have built a stage with a bedroom on it to teach them how to escape from burning buildings and rooms. Mayor Abramowitz read the proclamation and presented it to Jim Budzinski, Fire Marshal. Mr. Budzinski expressed his appreciation and said the Fire Department invites the Council and residents to come to the Fire Station to observe the show. He said they are trying to educate the youngsters and welcome all members of the community. He,said for the next two weeks they will be performing this show. He recognized newly appointed commanders: Mark Smith, Jim Karcher and Rex Van Mehren, who have done a fine job setting this shoe up. 7. gp,,ZSENTATION by Mayor Abramowitz of a proclamation designating October 10, 1990, as "R1=MBRANCE DAY". AXW2SIS OF AqX'TON: Presentation was made. Mayor Abramowitz asked the following Veteran Organization Meters to join him for this presentation: Al Mallor-Past Commander D.A.V. Chapter 73 and Chairman of the Veterans Affairs Committee, Tamarac, Kenneth Drown -Commander American Legion Post 265, Jack Slutsky-Commander Amvets Post 2, Charles Messinger -Commander D.A.V. Chapter 73, Nora Gould -First Vice Commander American Legion Post 265, Harry Cohen -First Junior Vice Commander Jewish War, Veterans U.S.A. Post 519, Abraham Blank -Past Commander D.A.V. Chapter 73, Andrew Johnson -Chaplain American Legion Post 265, Harry May -Legislative Chairman D.A.V. Chapter 73 and Louis Solomon -Chaplain Jewish War Veterans U.S.A. Post 519. Mayor Abramowitz commended these men and women for their work &nd involvement. He said they take the wheelchair patients to the hospital and, four times a year, cook and entertain them. Page 2 City Council Regular Meeting 10/10/90/KJ Mayor Abramowitz read the proclamation and presented it to Al Mallor-Past Commander D.A.V. Chapter 73 and Chairman of the Veterans Affairs Committee. Mr. Mallor expressed his appreciation on behalf of the Veterans Alliance of Tamarac. CONSENT__ AGENDA 8. Items listed under Consent Agenda, Item 8, are viewed to be routine and the recommendation will be enacted by gne 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. X=XON TO, APpthe minutes of the following City Council meetings: 1. 9/25/90 - Special Budget Public Hearing 2. 9/26/90 -- Regular Meeting 3. 10/2/90 - Special Meeting ,..0 A44CORA b. XQTION TO APPROVE renewal of a model sales permit for UNIVERSITY CLUB APARTMENTS, Building D. Units 57 and 70, for a six-month period from 11/11/90.to 5/11/91. SYNOPSIS OF ACTION. APPROVED. C. MQTIQN_TO APPROVE renewal of a. model sales permit for CLASSIC COMMERCIAL VILLAS for a six-month period from 10/25/90 to 4/25/91. SYNQRhI&Qg ACTION: APPROVED. d. MQTI,QE TO _APPROVE renewal of a model sales permit for MISSION LAKES/CORAL CREEK in Unit 107 at 6900 Southgate Boulevard for a six-month period from 11/24/90 to 5/24/91. APPROVED. e. H==- TO ADOPT Tg"- Rag_e,r__j59D3 authorizing the appropriate City officials to execute an agreement with American Golf Corporation concerning improvements to be made at SABAL PALM GOLF COURSE and requiring food to be placed in sealed plastic bags prior to being placed in dumpsters. RESOLUTION NO. R-90-223-PASSED APPROVED. f. 1. MOTZQNJO _ADOPT__TemV- Reno- 85895 accepting a Tamarac Utilities West Water and Sewer Utility Easement offered by Icon Development Corporation for the CORAL CREEK/MISSION LAKES project. Page 3 City Council Regular Meeting 10/10/90/KJ 2. NPT;019 TO- ADOPT, gyp_ Remo- 458%fi accepting ani Agreement and Covenant Running With The Land offered by Icon Development. Corporation pertaining to a dunpster enclosure, parking lot lights and poles which may encroach upon a utility easement at the CORAL CREEK/MISSION LAKES project. 3'. MOTIOK TO MQPT Temp_ Reno- #5997 accepting ai Partial Subordination of Encumbrance to Property Rights offered by Flagler Federal Savings and Loan Association of Miami for the CORAL CREEK/MISSION LAKES project. 4YVQR,AXAq OF- ACTION-! APPROVED f.1.12.1 & 3. RESOLUTION NO. R-90-224-PRS$ZD RESOLUTION NO. R-90--225-PAS.SZD RESOLUTION NO. R-90-226-PAS$SD g. 1. MPTIPIR TP "OPT Teiqp_ Reno, f58R? accepting a , Tamarac Utilities West Water and Sewer Utility Easement offered by Jasmine Homeowners Association, Inc., Jasmine Recreation Association, Inc., and Jasmine on The Greens for the JASMINE project. 2. KQTZON TO ADOPT, „ g&zgR,__AAao _ 45893 approving a will of sale offered by Transcapital Development Corporation for the water distribution and sewage collection skstem improvements for the JASMINE project. 3. HPTION TO �ADPPT TgX4p_ 1,pso. 95894 releasing a performance bond in the amount of $132,658.50 posted for public improvements for the JASMINE project subject to receipt of a one --year warranty bond in the amount of $60,095.50. FIB MTION_ RESOLUTION NO. R-90-227-PASSED APPROVED 9.1., 2., & 3. RESOLUTION NO. R-90-228-PASSED RESOLUTION NO. R-90-229-PASSED h. MOTION TO 4Pk)A()yJ the Second Amendment to the Water and Sewer Developers Agreement with British Colonial Resort Villas for the COLONY COVE (PARCEL L, WOODLAND LA ZSJ project. $YNPPtqfiA OF ACTIMI APPROVED. i. MOTION TQ ADOPT Temp, „moo_ #5999 accepting a Tamarac Utilities West Water and Sewer Utility Easement offered,by R.K. Development Corporation for the MARKETPLACE A7 TAMARAC project located on West Commercial Boulevard east of NW 70 Street. $, POPSIS PKF, ACTION: RESOLUTION NO. R-90-280-PAjS BED APPROVED. *. C/M Rohr MOVED TO APPROVE Consent Agenda, SECONDED by * C/M Bender. VOTE: ALL VOTED AYE Page 4 City Council Regular Meeting 10/10/90/KJ 1 1 n 9. MOT -TON TO APPROVE the transfer of $37.312.00 from various contingency accounts to various departmental accounts to fund the award of Bid #90-14 for group health insurance. gYH4PSiR of AcTIONr APPROVED. * C/M Rohr MOVED TO APPROVE the transfer of $37,312.00, SECONDED * by V/M Hoffman. City Manager Kelly said this is a follow-up from the meeting of September 26, 1990 authorizing the rate increase obligated by contact. He said the rate increase requires the total transfer of $37,312.00 from various contingency accounts. He said there are two contingency accounts to be discussed. He said one is the General Fund and the other from the Utility Department, which are two separate functions within the City. He said from the General Fund there is $26,366.00 and from the Contingency for the Utilities, $8,762.00. He said this is broken down by individual department which will be posted on the bulletin board. VOTE: ALL VOTED AYE 10. a. MOT jgfi =_- ADOPT Temn Reso - #5899 approving a plat entitled J & J PLAT. b. MoTroN__To ADOPT Temp_ Rang, 15900 approving Development Order #268 and a Development Review Agreement and a Blanket Public Safety Ingress/Egress Easement for the J & J PLAT. (located on the south side of McNab Road, east of NW 106 Avenue) RESOLUTION NO. R-90-231-PASSED APPROVED a. & b. RESOLUTION NO. R-90-232-PASSED * a. V/M Hoffman MOVED TO ADOPT ,-SECONDED * by C/M Bender. City Attorney Ruf read Temu_ Reso_ #5899 by title. Kelly Carpenter, Director of Community Development, said this is the J & J Final Plat located on the south side of McNab Road, east of NW 106 Avenue. She said this is a 9.46 acre site in the northern part of Land Section 7. She said the Tamarac and County Land Use plans designate the land as industrial. She said the Parcel is properly zoned LI-1 (Light Industrial). She said the City is gradually platting each of the pieces in Land Section 7 to begin development of its industrial tax base. She said Staff used Chapter 21 of the Code for the criteria for the review of plats. Ms. Carpenter said as a condition of the plat approval the applicant must enter into an agreement with the City that all required public services and facilities will be available at the time of site plan approval or that developer will pay for those required public facilities and services at the time of site plan approval. She said this agreement must be in form and will be. recorded in the public records of Broward County. She said the plat has been.reviewed by the Tamarac Staff Review Committee and comments have been met. Page 5 City Council Regular Meeting 10/10/90/KJ Ms. Carpenter said the surrounding uses are as follows: north -- single family, south, east and west -industrial. She said this plat does not constitute a concurrency review. She said the review will occur at site plan. She said the concurrency review is performed by Broward County during plat review and is deemed applicable to State and Regional roads in Tamarac, not to the local roads. She said the Planning Commission recommended approval of this final plat at its August 15, 1990 meeting and Staff recommends approval. She said the applicant is present.. VOTE: ALL VOTED AYE * b. C/M Bender MOVED TO ADOPT Temp_ A�f.A� -t,5900, SECONDED by * C/M Rohr. City Attorney Ruf read Terms. Resq_ #SPOQ by title. Ms Carpenter said these are the Development Order and Development Review Agreement referred to in Item 10.a., which go with the J & J Plat. VOTE: ALL VOTED AYE Mayor Abramowitz said by law, the Public Hearings cannot begin until 10:00 A.M. and OPENED the Public Forum. He asked the public to restrain from discussing any item on the agenda scheduled for a public hearing. PPXJJ JWLIC . FORUM 17. QrXN PUBLIC FPWW - Any member of the public who wishes to address the City Council at this time must, in advance of the item, give his/her name and address to the City Clerk. Nathan Peretzman, resident, asked if the money given to Medics for transportation service in the ambulance contract is a flat rate, regardless of how many trips made to the hospital, City Manager Kelly said the money is a fixed rate and does not change as to the amount of uses. V/M Hoffman asked to explain what Mr. Peretzman means by a fiat rate. Mr. Peretzman said regardless of how many trips are made to the hospital, is it a flat rate. V/M Hoffman said the City signed a contract with the ambulance service for $104,000.00 to transport any resident in the City, who requires emergency transportation, whether it is 1,000 or 100,000 trips to the hospital. Mayor Abramowitz said this is not a requirement, it is a service issued by the City to cover and protect the residents of the City. Mr. Peretzman asked how it is known if the full amount of monies will cover all the trips. He said there was $277,000.00 cn the first three contracts. He asked if $270,000.00 was used and there is a surplus of $7,000.00, who would receive this money. Mayor Abramowitz said this money is monitored by Broward County and the City. V/M Hoffman said Mr. Peretzman has a personal interest in this service because his wife requires service on a regular basis which is not an emergency service. He said Mr. Peretzman feels that his wife should be given taxi service, to hospAtals on a regular Page 6 City Council Regular Meeting 10/10/90/KJ 1 1 1 basis. He said the City provides free transportation to residents who call 911 for emergency service only. He said if Mr. Peretzman's wife should require emergency service and it is an emergency, she will be given the same right and free service as any other resident in the City. He said the City cannot supply weekly or monthly taxi service to hospitals or anywhere else. He said Council sympathizes with his needs, but the City cannot supply taxi service for people who require it. Mayor Abramowitz asked Mr. Peretzman to please sit down and Mr. Peretzman refused and said what V/M Hoffman said is irrelevant. V/M Hoffman asked City Manager Kelly to call the BSO and have them send a deputy. Mayor Abramowitz asked Mr. Peretzman to please sit down again, and to discontinue this conversation. Mr. Peretzman refgsed and said that he wanted them to call the BSO and tell them that they want to have him arrested for disturbing a public meeting. Mayor Abramowitz called Melanie Reynolds, resident, next to speak, and Mr. Peretzman sat down. Melanie Reynolds, resident, commended Carol Evans, City Clerk, for the promptness that the new Charter was printed. She said the City Codifier should be changed because they have confused things to such a degree that the residents cannot any longer rely on what is in the Code. Anthony Grimaldi, resident of Heathgate, said in the new issue of the Tam -A -Gram, the residents are being brainwashed with the possibility that in June, 1991, the garbage fees will go up to $14.00 per month. He said the. Council and City Manager are working to find an alternate collection method to lower these rates. He said it also reads that the residents are lucky to be paying only $14.00 per month because people in Fort Lauderdale will be paying $21.00. He said every time the residents begin getting brainwashed into being raised, they have to compare the rates to other cities. Mr. Grimaldi said he does not feel that the City is doing everything possible to prevent taking the money from the residents. He said there should be an effort made to get a tonnage record of the amount of garbage that is really collected in the City. He said there should be a survey done by the City, not by Waste Management, of the actual tonnage collected in the City. He said he feels the City Council should appoint a Committee, before the new contract goes into effect, to study the tonnage and the rates. Mayor Abramowitz said everything that can be done to fight Waste Management is being done. He said there is no where else in the State of Florida to go for waste removal. 18. CITY COUNCIL REPORTS C/M Rdhr said in the November election, there will be Referendum 3 referring to the mandate funding by the State. He said Council is being asked to tell the Legislature not to create laws and requirements to the municipalities and then not fund them. He said they have passed 287 laws giving no money to the municipalities and the cities are being forced to abide by these laws. He said the people are going to have a chance to tell the Legislature to stop making unfunded laws for the municipalities. He said to remember to vote ,= the new Referendum. Page 7 City Council Regular Meeting 10/10/90/KJ Mayor Abramowitz said because of the ambiguous language on this Referendum, a yes vote may be to deny it. He said the City is starting a campaign next week to educate the people regarding Referendum 3. He said at that time, after the attorneys have deciphered the language, if the public does not want the Legislature to make more laws without funding, the City will then recommend the correct way to vote. He said sometimes when you vote yes, it means no. C/M Bender said the City has a 5 year contract with Waste Management. He said there is a two year time period left on the contract. He said the rate increases were prescribed three fears .ago . V/M Hoffman - NO Report. 19. CITY MANAGER REPORT Qity_jUnage„r Kelly - No Report. 20. CITY ATTORNEY REPORT Cit,,y Attorney Ruf - No Report. With no further business to discuss other -than Public Hearing'sr Mayor Abramowitz RECESSED this meeting at 9:45 A.M. and RECONVENED at 10:00 A.M. with all present. $QHEARINGS - IQ,.;_Qb A.M. rPAgMAjity DevelopmeJ; 11. PPA,AY,C WARING - XQX7,Q)q TO ADOPT Tanta_ Rep}( , #5867, concerning a request by FLH Homes, Inc., for special exceptiOr to permit a gasoline service station, with car wash and foodnart, at the southeast corner of McNab Road and NW 88 Avenue, which is zoned B-2 (Planned Business). Petition #23-Z-90 (tabled on 9/12/90) AXNOP S I 9 Or,_ACTAQN _ Public Hearing was held. Sent back to Planning Commission for another Public Hearing and Statement of Fact. City Attorney Ruf read jag$_ Reno_ #5467 by title. * C/M Rohr MOVED TO ADOPT 7!p%p. Reso. #5867, SECONDED by * C/M Bender. Ms. Carpenter said this is Petition #23-Z--90 by FLH Homes, Isc. for a special exception for a gas station, car wash and food mart. She said this is a 1.49 acre parcel currently zoned B-2 and designated commercial on the Land Use Plan. She said it is located at the southeast corner of McNab Road and Pine Island Road. She said the parcel is platted as a portion of Parcel R- Woodland Lakes. She said the surrounding land uses are as follows: north, south, east and west -commercial. Ms. Carpenter said directly to the west is a vacant parcel zoned commercial at the southwest corner of Pine Island Road and MoNab Road. She said further south and further west are residential portions, but directly to the west is commercial. She said to the north is a well established strip shopping center, to the south and east are other portions of Parcel R-Woodland Lakes, currently vacant and not a part of this application. She said to the west is undeveloped B-2 surrounded by the greens existing residential R4-A. She said this site is not in a wellfield protection zone, Ms. Carpenter said the Code provides no guidance concerning th.e required conditions for a special exception for gas station, food Page 8 City Council Regular Meeting 10/10/90/KJ mart or car wash; however, the Council may set reasonable conditions specifically related to the request. She said a special exception is not a rezoning. She said the use requested for a gas station is a permitted use in B-2. She said the Planning Commission recommended denial of this special exception. She said Section 24-552C requires the Council to acquire a four fifths vote for approval to override a Planning Commission recommendation of disapproval. Ms. Carpenter said Staff has recommended approval of this special exception subject to the following conditions: 1) Landscape and irrigate median on Pine Island Road and McNab Road for the entire length of Parcel R-Woodland Lakes. This landscaping shall demonstrate escape principles and shall be included in the landscape plan for the gas station. 2) All requirements of the EQCB with respect to groundwater protection must be met and EQCB approval certified to the City at site plan. 3) The food mart is restricted to no on -site food preparation. 4) A site plan demonstrating a safe ingress, egress and circulation for all of Parcel R is required. Each individual increment cannot stand alone in this regard. 5) The gas station is restricted to 50% impervious area, the amount of interior landscaping within the impervious area shall amount to no less than 10% of the total area used for parking and accessways. 6) This special exception.will be valid for one year from the date of Council approval. Ms. Carpenter said his special exception may be extended for one year administratively and any further extension shall require Council action. A valid building permit must be pulled within one year of approval for this special exception to remain valid. 7) This special exception approval does not constitute a concurrency review. At site plan, all public services and facilities must be available to Parcel R. Ms. Carpenter said the applicant is required to supply a TRIPS run from Broward County. She said that run must demonstrate that there are sufficient trips available on the regional system to accommodate this gas station. She said since the plat was approved prior to March 20, 1989, the City should require the TRIPS run, as a condition of this special exception. She said the TRIPS run is to be presented prior to site plan approval. She said the applicant is present. Stuart Feiner, representative of FLH Homes, Inc., said this has been a specially planned area to insure the success of this site. He said insuring the success of the site would also increase the City's tax base from revenues and also increase the value of the homes around this development. He said it has been proven in Broward County and all the surrounding counties that the residential real estate increase. Mr. Feiner said the site plan calls for a car wash to be on the south side of this special exception but FLH Homes, Inc. has voluntarily moved this car wash to the north and to the west. He said this 9 acre parcel is presently zoned for a shopping center. He said FLH Homes, Inc. would like to rezone this parcel to R3-U upon the special exception being granted. He said R3-U is a very low density villa residential community and they would then conclude to half being residential and half being commercial and gas station property . He said he feels this would be a valuable asset to the City. Mr. Feiner said the sign and petition has been up 60 - 75 days. He said there -are some people opposing this site plan but there are 42,000 people in the City of which, if 1/10th or 1/100th of the people that are represented may be opposed to this, the minority should not speak for the majority of the people. He said this is a positive development and is positive and advantageous for the City. Page 9 City Council Regular Meeting 10/10/90/KJ Mr. Feiner said the service station has been enlarged for parking and landscaping in order to be able to have better ingress aAd egress, be able to manipulate and take cars through the axes i.n a more efficient manner and will be able to further landscape,;not only the plan site but also the median strips of Pine Island'iooad and MCNab Road to beautify the area. Milton Meyer, resident of the Greens of Tamarac, expressed his appreciation for the support from the residents present for the hearing on this Item. He said he lives directly across the atreet from where this gas station is intended with the nearest point being 200 feet. He said if any homeowner or condo resident was asked what would be the worst thing that could happen to their properties, they would say a gas station across the street. Mr. Meyer said his first problem is the posting of the notice. He said he feels this notice did not comply with the Tamarac Code which reads, "Notice of the Hearing shall be posted on the property in question". He said this is a notice to advise residents what is going to happen and it may seriously effect them and give them an opportunity to attend the Public Hearing. Be said the people still do not know what is going on with Item 11. He said the posted sign reads, "A land development permit is being sought from the City of Tamarac for this property. Please call 722-5900 Extension 450 for information." Mr. Meyer said nothing on this sign alerts the public as to what is going on. He said there is no notice of a time, place, location or purpose of a hearing. He said the phone number is the number for the Planning Commission. He said the responsibility of posting the sign and notifying the public is of the applicant, not the Planning Commission. He said that is confusing and ambiguous. He said this sign was purposely worded so that the public woU ld not know what is going on. He said that the applicant knew what they were planning to do was not a very nice thing to do to the residents in the area. Mr. Meyer asked if there is really a need for a gas station. He said at present, there are 5 gas stations within two minutes og the proposed site. He said there are 2 car washes and 3 food marts connected to gas stations. He said there is no lack of food marts in the area. He said the Farm Store is located about one block from the proposed site and a family -owned grocery that is struggling to survive. Mr. Meyer said the proposed concept also involves an area of retail stores. He said along McNab Road from University Dri�e to Nob Hill Road, there are 100 vacant stores. He said that isinot counting all the stores vacant in other shopping centers in Tamarac. He said the City has a number of large concrete empty shopping centers and parking lots. He asked if this is the Image that Tamarac wants to project to visitors or people wanting to move into Tamarac. Mr. Meyer said at present, despite all the rain, there is still a severe water crisis and the residents are still under water restrictions set by Council. 'He said in the September 29th issue of the Miami Herald, the South Florida Water Management District is talking about imposing more water restrictions in November. He read several articles regarding the water shortages and the drought. He said the South Florida Water Management Districts recently conducted a poll of which 79% polled favored permanent water restrictions. He said the survey shows that the publid has been very cooperative to saving water. He said to allow construction of an unnecessary car wash to use a lot of water would be to defeat the purpose. Mr. Meyer said Dania, Hallandale and Hollywood are being threatened,by severe problems of salt water intrusion. He said Broward County is now engaged in an 86 million dollar project to dig new water well fields in order to pipe water to these cities. Page 10 City Council Regular Meeting 10/10/90/KJ He said the trouble with the water intrusion is due to the development of the cities in the western part of Broward County. He said we must take whatever steps able to save water rather than license unnecessary water facilities. Mr. Meyer said there will be an increase of noise, dust, fumes, traffic and starting and stopping of vehicles going into the gas station which will be disconcerning to the area residents. He said no one knows if this planned gas station is going to be a 24-hour facility. He said he has asked this question to the developers and Council. Mr. Meyer said there is danger involved in this proposed development. He said this is,a dangerous corner and police record will show the number of accidents on this corner, which will be amplified by cars going in and out of the gas station. He said there is also the possibility of vehicles striking the fuel pumps and possibly causing an explosion. He said fuel pumps and underground tanks are subject to leaks. He said this would cause fumes to the neighborhood buildings which would in turn cause an explosion in the building. Mr. Meyer said there are gas station attendants that OSHA is investigating that claim they got leukemia while inhaling fumes while servicing cars. Mr. Meyer said the real estate values and resale of condos is much less than what people paid. He said this is due to the economy and it does not help having a gas station across the street. He said Tamarac consists of 70% retirees who moved here to get away from the concrete, dust, fumes, traffic and large buildings. He said they do not want to live in the same surroundings due to changes in zoning, variances and special exceptions. Mr. Meyer said Tamarac gained 45% in population in the past 10 years. He said Tamarac needs to avoid urban sprawl. He said the more parking lots in the City, the more urban sprawl there is. Mr. Meyer said there is a logo contest running and the theme is, "A growing City with a positive and creative approach". He said putting a gas station across from a residential neighborhood is not a creative approach, it is a negative approach and is destructive to the community. He suggested a proper logo for the City would be, "Tamarac, the City that cares", and the people should be the first priority, not the tax base. Bernard Meyer, resident, said he moved from an area with no business and came to Tamarac with no business, and he is being forced now to live next to commercial properties, which he is not accustomed to. Mayor Abramowitz said this parcel is zoned for commercial and has been zoned commercial. Louis Klein, resident of the Greens of Tamarac, said granting a special exception at the proposed site would be counter productive. He said it would be opposed to the past and present safeguarding and keeping the nature of the City as a desirable residential community in which to live. He said in many areas in and out of the City, the residents are being overrun by unneeded commercial establishments including gas stations which are the least attractive of all businesses. He said this has resulted in severe property depreciation to adjoining properties. Mr. Klein said to create more such unneeded services could only result in more depreciation of these properties assuming great loss of income for the City of Tamarac. He said the owners and renters of the Greens of Tamarac Condominium, voted unanimously (210 occupants) against this proposal at their meeting on,July 12, 19"90. He said the property values of the surrounding areas have dropped 50% in the past 10 years. He said any additional Page 11 City Council Regular Meeting 10/10/90/KJ reduction of values will result in severe reduction of tax dollars generated by the issuance of this permit affecting any such variance. He said a gas station is not a necessary convenieice in a residential area. He said with respect to Council, the residents of the Greens of Tamarac ask Council to refuse this application. Carl Puna, resident of the Greens of Tamarac, said the princLple beneficiaries of gas stations are the oil companies acquiring these valuable corners which afford them wonderful tax shelters. He said the economic affect on the community can only be negative. He said within the radius of one mile there are 7 existing gas stations. He said it is difficult to believe that any additional gas will be sold in this area that would be of economic benefit to the community. He said he does not like the view of a gas station from his condo. Henry Toback, resident, said the corner of the proposed is a deadly corner. He said there have been at least 20 accidents and 3 people killed. Jerry Eller, resident of Lime Bay, said he agrees with everything that ha3 been discussed regarding this proposed site. He said regarding the food mart, additional beer sales are not necessary. Anthony Gremaldi, resident of Heathgate, said the residents are surrounded by unopened stores, empty malls, gas stations throughout the City and it is not necessary for an additional gas station. He asked why this contractor cannot propose building more villas for residents rather than a gas station. He said when Pizza Hut wanted to open a pizzeria near Concord Village, it was turned down due to the smell of pizza disturbing the residents, He said the Pizza Hut opened next to Albertsons, and went oui-of- business. He said referring to the Mr. Feiner's statement about minorities, the residents attending this meeting are not the minority and represent everyone living in Tamarac and have aright to state how they feel. Mayor Abramowitz asked if the Planning and Zoning Board denied this and Ms..Carpenter agreed. Mayor Abramowitz said he had no Findings of Fact in his reference packet. Ms. Carpenter said the Planning Commission did not make a set of Findings of Fact on this case. She said they simply voted to deny it. Mayor Abramowitz said -he is confused and concerned because Cduncil is bound by what the law stipulates. He said he is uncomfortable because there are no Findings of Fact from which to make a decision. V/M Hoffman said there should be Findings of Fact. He said 9t. is very difficult to make decision and requested that this be sent back to the Planning Commission for the Findings of Fact to know their recommendations on this proposed site. V/M Hoffman MOVED to send this item back to the Planning Commission, SECONDED by C/M Rohr. i Mayor Abramowitz said to send this back to the Planning Commission and, as soon as possible, hold another Public Hearing. He s4id in order for the City to abide by the law, Council needs the Findings of Fact from the Planning Commission. He said the law specifies that no body can object to a particular site plan purely because of an overwhelming feeling of the area. He said it is the Council's duty to protect the City. He said Council has not passed this application but needs all the information possible to make the decision. Page 12 City Council Regular Meeting . 10/10/90/KJ 1 1 Mr. Meyers said the Planning Commission's submitted minutes which provided their feelings is not enough. Mayor Abramowitz said the law states the procedure to follow prior to approval or denial of an item. TAPE 3 V/M Hoffman said he was quoted in the newspaper as saying, "I am not an admirer of gas stations on every corner". He said that was absolutely correct; however, there are certain rules, laws and responsibilities that must be adhered to. He said if a person has a legal right to use his property for a specific purpose, Council must grant him that right. He said Council cannot deprive a person of his regal rights. V/M Hoffman said he would not like to see a gas station at that site. He said he feels it is not needed but in order to deny that right, there must be a valid reason that could stand up in court. He said possibly the Planning Commission.has such a reason and Council must know their reasons. He said by law, the Planning Commission must also have a valid reason for denial. He said the vote must be done on fact and law, not on emotions. V/M Hoffman said he was also quoted in the newspaper saying, "I believe that,we should take gasoline stations out of commercially zoned areas but we should create a special zoning district for gas stations". He said this would relieve Council and the Planning Commission of the agony of going through special exceptions every time someone wants to build one. He said at present certain laws are in effect and must be obeyed. C/M Bender said he would like the information from the Planning Commission for legal reasons and to refer this to the City Attorney's office for review. He said'he does not want to be liable or the City to be liable for making an incorrect judgement. He said based on what information he has been given, a fair decision cannot be made. Mayor Abramowitz said reading the Planning Commission minutes will not supply the proper information. C/M Rohr said he is a resident of Tamarac and would like a legal reason for a final decision to be made. Mr. Meyer asked for a citation that Council is referring to.. Mayor Abramowitz asked City Attorney Ruf to supply Mr. Meyer with the information he is requesting. City Attorney Ruf said he would mail this information to Mr. Meyer along with some cases regarding this matter. VOTE: t_ 4 AWIL014 AIJWX4_� 12. PUBLIC _HEARING - MOTIQN TO ADOPT-Temfl__. Remo. #5901 concerning a request by Stephen Sills for special exception to permit a restaurant at the northeast corner of Commercial Boulevard and NW 70 Avenue, in Bay #1 of MARJMTPLACE AT TAMARAC, which is zoned B 2 (Planned Business). Petition #28--Z-90. 8XNOPSIS OF ACTION! RESOLUTION NO. R-90-233-PASSED Public Hearing was held. APPROVED subject to verified proof of properly sized dumpsters. City Attorney Ruf read by title. * V/M Hoffman MOVED TO ADOPT Temp.Rang— #5201, SECONDED by. * C/M Bender. Page 13 City Council Regular Meeting 10/10/90/KJ Ms. Carpenter said this is a special exception application Petition #28-Z-90, for a restaurant located at the northeast. corner of Commercial Boulevard and Northwest 70 Avenue in thle Marketplace at Tamarac, Bay #1. She said the shopping centeir is platted, designated commercial on the Land Use Plan and properly zoned B-2. She said the B-2 district allows restaurants as a special exception use. She said the Code gives a direction of standards for restaurants as special exceptions as follows: 1) The bay must be at least 100 feet from the nearest residential property line, which it is, 2) The means and method of waste collection must be submitted, which they have done, 3) A plan for control of reduction and elimination of offensive odors mast be submitted, which they have, 4) Council may set such other conditions as are necessary to protect the health, safety and welfare of the residents. Ms. Carpenter said the Planning Commission held the required Public Hearing on September 12, 1990 and recommended approval of this special exception at their October 3, 1990 meeting. Shle said Staff recommends approval subject to the following conditions; 1) Before the time of building permit application, an affirmati e statement is needed from the hauler that the dumpsters are properly sized. She said a contract has been supplied proving -the dumpsters are on site; however, they do not verify proper size for the restaurant and other users. 2) Submittal of documentation concerning the required and provided parking spaces, which hhs been received, 3) Council may set any additional health, safeety and welfare standards desired. L11914 -AF ALL VOTED AYE 13. RML ,,jC HEARINq_7A ,,,,KOTION TO ArlpRT TerW _ Resq,,_ concerning a request by Stephen Sills for special exception to permit on site consumption alcoholic beverages by a restaurant proposed for the northeast corner of Commercial Boulevard and NW 70 Avenue, in Bay #1 of MARKETPLACE AT TAMARAC, which is zoned B-2 (Planned Business). Petition #29-Z-90 AYNOPSIS Qr__ACTION�, RESOLUTION NO. R-90-234-PASSED Public Hearing was, held. APPROVED City Attorney Ruf read TWpo ,tao. #5902 by title. * V/M Hoffman MOVED TO ADOPT X,gpp, Reso _ #,UO2, SECONDED by * C/M Bender. Ms. Carpenter said this is a special exception application Petition #29-Z-90 for the on -premises consumption of alcohol as an accessory use to the restaurant in the previous item. She said this is located at the northeast corner of Commercial Boulevard and Northwest 70 Avenue in the Marketplace at Tamarac, Bair #,, She said the shopping center is platted, designated commercial on the Land Use Plan and properly zoned B-2. She said the B-2 district allows on --premises consumption of alcohol as an accessory use to restaurants as a special exception. Ms. Carpenter said the Code specifies that alcohol is an accessory use and Council may set criteria to protect the health, safety and welfare of the residents. She said the Planning Commission did not recommend additional conditions to protect the health, safety and welfare. She said the applicant has supplied the square footage of the proposed restaurant in which the alcohol is to be consumed and Staff is now able to determine the requires number of parking spaces. Ms. Carpenter said the Planning Commission held the required Public Hearing on September 12, 1990 and recommended approval of this special exception at their October 3, 1990 meeting incorporating the Staff's Findings of Fact into their Motion, She said Staff has recommended approval of this alcohol consumption as Page 14 City Council Regular Meeting 10/10/90/KJ 1 1 an accessory use to the restaurant subject to: 1) Council approval, 2) Submittal of documentation concerning the required and provided parking spaces, 3) Any additional health, safety and welfare standards desired by Council, and 4) Provisions of Sections 3-2 through 3-5 of the Code pertaining to occupational licensing requirements for alcohol consumption establishments. VOTE: M . '. q %;�Ipr-U27V - - . Y ALL VOTED AYE 14. F.MIC RE&BING - MOTION TO AUOPT__Temn_ Ord. _ #1.14 on first reading concerning a request by Lawrence D. Kramer and Sam Cantor to rezone lands on Commercial Boulevard, between NW 92 Avenue and NW 94 Avenue, from B--2 (Community Business) and B-6 (Business District) to B-3 (General Business District. Petition #11-Z-90. (tabled on 9/12/90) SYNOPSIS OF ACTION! TABLED to City Council meeting, Wednesday, October 24, 1990 at 7:30 P.M. at the request of the applicant. City Attorney Ruf read by title. * V/M Hoffman MOVED TO ADOPT , SECONDED by. * C/M Bender. Ms. Carpenter said the applicant has submitted a letter dated October 2, 1990 requesting a Tabling of this item to October 24, 1990 at 7:30 P.M. She said Staff does not object to tabling this item. * V/M Hoffman MOVED TO TABLE T&mR Ord_ #1514, SECONDED by * C/M Bender. VOTE: ALL VOTED AYE 15. a. MOTION TO ACCEPT Affidavits of Publication, Mailing and Posting for Temp Ord_ #1517. Petition #26-Z-90. b. on first reading concerning a request by Leadership Housing, Inc., to rezone lands on the northeast corner of Nob Hill Road and Commercial Boulevard from A-5 (Limited Agricultural) to RM-10 (Planned Apartments) to conform to the City Land Use Plan and the Broward County Land Use Plan. Petition #26-.Z-90.. SYNOPSIS OF ACTION: Public Hearing was held. a. ACCEPTED Affidavits. b)' APPROVED on first reading. Second reading and public hearing will be held on Wednesday, October 24, 1990, at 7:30 P.M. * a. V/M Hoffman MOVED TO ACCEPT AFFIDAVITS, SECONDED * by C/M Bender. VOTE: ALL VOTED AYE City Attorney Ruf read T2=. Ord:,#1517 by title. * b. C/M Bender MOVED TO ADOPT , SECONDED * by V/M Hoffman. Ms. Carpenter said this is rezoning Petition #26-Z-90, an application by Leadership Housing to rezone a 34.53E acre parcel Page 15 City Council Regular Meeting 10/10/90/KJ from A-5 (Limited Agricultural) to RM-10 (Planned Apartment), district. She said this parcel is the only A-5 in the City land was used in the past as a rockpit. She said it is near the corner of Nob Hill Road and Commercial Boulevard. She said the parcel is designated low medium residential, 6-10 dwelling units to the acre on the Tamarac and County Land Use Plans. She said RM-10 is an appropriate zoning district. She said the A-5 zoning district is technically not in compliance with the plan since it does not allow residential uses. She said this is being considered as a rezoning to conformity. Ms. Carpenter said through the plat approval process, the applicant has stated that the intention is to permit townhouses on this parcel. She said the surrounding land uses are as follows: north commercial recreation and golf course, south -commercial B-2 and B-3, east -industrial and west -commercial B-3. She said there is no concurrency review associated with this rezoning request and Staff has not accomplished a concurrency review. li Ms. Carpenter said Staff recommends approval of this rezoning from A-5 to RM-10 as appropriate and consistent with the City and County Land Use maps. She said the Planning Commission recommended approval of this request at it's September 13, 1990 meeting and incorporated the Staff's Findings of Fact in their Motion. V/M Hoffman asked if RM-10 would permit the use of projects similar to Cardinal Industries, a previous problem development. Ms. Carpenter said Cardinal Industries is in an R-4A district, She said they are manufactured homes and are governed not only by the City's zoning requirements but also by the State Law. She said this applicant has not said that they intend to put manufactured housing in there. V/M Hoffman asked if this rezoning would permit such a project. Ms. Carpenter said RM-10 permits a zoning of 10 to the acre.j. She said the Cardinal Industries site is 15 to the acre and, 1f a developer like this would come in, they would not be able to build on this site. Mayor Abramowitz said before anything can be built, it must come before Council for approval. V/M Hoffman said once Council zones a land for a specific purpose, there are limitations as to what is done with that particular land. Ms. Carpenter said -she cannot guarantee that manufactured housing cannot use this site. She said the City is in the position of not denying manufactured housing under the State Law. She said trailers and mobile homes are another issue. She said the developer is not proposing manufactured housing at this time'. Ed Stacker, representative of Leadership Housing, said they are strictly looking at this rezoning in conformity with the Land Use Plan. He said from an intensity point of view, the ultimate development of this parcel cannot be of the Cardinal Industries intensity level. He said his client has no contract to sell this parcel or any current plans to develop this parcel. He said; several years ago, this parcel was,proposed for a plat, but was not approved by the County, for a condominium project known as Sawgrass Island Club. He said the density levels were much lower. He said he has had prospective developers look at this parcel and they are talking about 8 units to the acre, such as the development, Westlake Villas. VOTE: ALL VOTED AYE Page 16 City Council Regular Meeting 10/10/90/KJ 1 1 16. on second reading to establish occupational license tax classifications and fees for time share joint ownership apartment units. SYNOPSIS „.QX &CROON, Public Hearing was held. APPROVED on second reading. ORDINANCE NO. 0-90-43-PASSED City Attorney Ruf read Tem�Qrd_ 41516 by title. * V/M Hoffman MOVED TO ADOPT TemF__ Ord_ 41516, SECONDED by * C/M Bender. Ms. Carpenter said this would amend the tax classifications and fees to include a ,line item called time share joint ownership apartment units. She said it provides for a fee of $20.00 for each leased or joint ownership per owner, per unit, per week. She said it provides a fee of $200.00 for each time share broker requiring a valid license. She said it provides a time share Realtor salesman fee of $50.00 and a time share management leasing office fee of $100.00 for each office. She said Staff has recommended approval of this. VOTE: ALL VOTED AYE With no further business, Mayor Abramowitz ADJOURNED this meeting at 10:30 A.M. CAROL A. EVANS, ITY CLERK "This public document was promulgated at copy to inform the general public, public recent opinions and considerations of the Tamarac." Page 17 City Council Regular 10/10/90/Ki 11P RMAN ABRAMOWITZ, MAYOR 0 cost of $188.37 or-r$4.49 per officers and employees of City Council of the City of CITY OF TAMA.RAC APPROVED AT MEETING OF /0 a-'� 90 adj:11� 9ofei. ,4, 6v a-eg-e=�- � c.t ry cc,eRk Meeting