HomeMy WebLinkAbout1989-09-13 - City Commission Regular Meeting MinutesRECORD OF COUNCIL ACTIONS/DISCUSSION
CITY OF TAMARAC
CITY COUNCIL
REGULAR COUNCIL MEETING
WEDNESDAY, SEPTEMBER 13, 1989
CALL TO ORDER: 7:00 P.M.
ANNOUNCEMENT OF TIME ALLOCATIONS - MOTIONS TO TABLE - The Chair
at this time will announce those items which have been given a
specific time to be heard, and will entertain motions from
Council members to table those items which require research.
Council may agendize by majority consent matters of an urgent
nature which have come to Council's attention after
publication.
INTRODUCTION
�1. PRESENTATION by Mayor Abramowitz of a proclamation
designating October 8-14, 1989, as FIRE PREVENTION WEEK,
the theme of which is "Big Fires Start Small: Keep matches
and lighters in the right hands".
FINAL ACTION:
PRESENTATION was made to Lt. Steve Gotha.
CONSENT AGENDA
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.
Building Department
a. MOTION TO ADOPT Temp. Reso. #k5524 releasing a cash
bond in the amount of $2,000.00 posted for a sales
trailer that was located in the ISLES OF TAMARAC,
1p, 7006 NW 100 Terrace (840612) (tabled on 8/23/89).
FINAL ACTION: RESOLUTION NO. R-89-226 PASSED.
APPROVED,
City Clerk
b. MOTION TO APPROVE the minutes of the City Council
meeting of 872379.
FINAL ACTION:
APPROVED.
Page 1
9/13/89
2. C. MOTION TO APPROVE renewal of a model sales
permit for WATER PLACE, Building 1, Apartments
109 and 215, for a six-month period from
10/12/89 to 4/12/90.
FINAL ACTION:
APPROVED.
d. MOTION TO APPROVE renewal of a model sales permit for
TAMARAC GARDENS #4 in Building 6, Units 104 and 105,
and waiver of the 300-foot distance requirement for
issuance of certificates of occupancy for a six-month
period from 10/12/89 to 4/12/90.
FINAL ACTION:
APPROVED.
Engineering/Utilities
e. MOTION TO APPROVE a change order to the contract with
Broward Hurricane Panel Company in the amount of
$651.00 for the addition of one (1) roll -up window
unit and demountable protective panel to provide
protection to two (2) windows not noted in the
original count due to being covered over by electrical
installation scaffolding.
FINAL ACTION:
APPROVED.
Public Works
f. MOTION TO APPROVE the transfer of $1,340.00 from
General Contingency Account 001-872-588-975 to
Recreation Activities Account 001-550-572-481 to
correct budget transfer approved by Council on
8/23/89; transfer was necessary to provide funding for
temporary monitor wells and Broward Testing Lab
environmental audit for the Public Works property
sale.
FINAL ACTION:
APPROVED.
CONSIDERATIONS
Community Development
3. MOTION TO APPROVE a model sales facility for SPRINGLAKE
VILLAS (NORTHWOOD II) and waiver of the 300-foot distance
requirement for issuance of certificates of occupancy for a
six-month period from 9/13/89 to 3/13/90.
FINAL
ACTION:
APPROVED.
RESOLUTIONS
Building Department
4. MOTION TO ADOPT Temp. Reso. #5528 approving a revised
building permit fee schedule. �-
FINAL ACTION: RESOLUTION NO. R-89-227 PASSED.
APPROVED.
Page 2
9/13/89
5. MOTION TO ADOPT Temp. Reso. #5534 revising the pay plan of
a part-time structural plans examiner from pay plan 8,
range 24, to pay plan 5, range 28, retroactive to 7/24/89.
FINAL ACTION: RESOLUTION NO. R--89-228 PASSED.
APPROVED.
Community Development
�6. MOTION TO ADOPT Temp. Reso. #5530 approving a site plan and
associated documents for GRANVILLE to be located south of
NW 80 Street, north of Fairfax, between Nob Hill Road and
NW 108 Terrace.
FINAL ACTION:
APPROVED.
RESOLUTION NO. R-89--229 PASSED.
7. MOTION TO ADOPT Temp. Reso. #5535 authorizing the
appropriate City officials to execute a fifth amendment to
the 11/17/86 Developers Agreement pertaining to payment of
development fees and extension of the site plan for
CINNAMON WHARF (TRACT 37).
FINAL ACTION:
REMOVED at request of the petitioner.
B. MOTION TO ADOPT Temp. Reso. #5532 approving transfer of a
special exception for the operation of a restaurant with
carry -out from Corey R. Bemis d/b/a Bonkers Pizza, Inc., to
Antonio Favilla, President, d/b/a Anthony's Pizza and
Pasta, Inc., located at 7168 N. University Drive (MIDWAY
PLAZA).
• FINAL
is
9. MOTION TO ADOPT Temp. Reso. #5529 changing all the street
names within WOODMONT TRACT 71 to Golf Point Circle.
FINAL
ACTION: RESOLUTION NO. R-89-230 PASSED.
ACTION: RESOLUTION NO. R-89-231 PASSED.
APPROVED subject to no street signs being changed until a
revised plat is recorded in the public records of Broward
County evidencing the name change from N.W. 84 Circle to
Golf Point Circle.
Engineering/Utilities
_
10. MOTION TO ADOPT
T_ Temp_ Reso. #5533 approving an agreement
with Blankenship and Associates, Inc., for the sole source
purchase of eight (8) propeller style meters at a total
cost of $9,920.00 to be used in the expansion of the City
wellfield raw water supply to meet service area needs.
FINAL
11.
ACTION: RESOLUTION NO. R--89-232 PASSED.
APPROVED.
MOTION TO ADOPT Temp. Reso. #5536 awarding Bid #89-49 to
Allied Universal Corp. in the estimated amount of
$26,034.00 to supply the City's annual requirements of
chlorine for the water treatment plant.
FINAL ACTION:
APPROVED.
RESOLUTION NO. R-89-233 PASSED.
Page 3
9/13/89
12. MOTION TO ADOPT Temp. Reso. #5537 awarding Bid #89-50 to
Allied Lime Company in the estimated amount of $122,040.00
to supply the City's annual requirements of bulk quicklime
for the water treatment plant.
FINAL ACTION: RESOLUTION NO. R-89-234 PASSED.
APPROVED.
r PUBLIC HEARINGS - 7:30 P.M.
Community Development
13. PUBLIC HEARING - MOTION TO ADOPT Temp. Reso. #5526
concerning a request by FERRO PIZZA, INC., for special
exception to permit expansion of Ferro Pizza into an
adjacent bay at 8150 N. University Drive in Sunflower
Shopping Plaza which is zoned B-1 (Neighborhood Business).
Petition #20-Z-89
FINAL ACTION: RESOLUTION NO. R-89-235 PASSED.
Public Hearing was held.
APPROVED.
14. PUBLIC HEARING - MOTION TO ADOPT Temp. Reso. #5527
concerning a request by Ferro Pizza, Inc., for special
exception to allow on -premises consumption of beer and wine
at Ferro Pizza (as it presently exists and as may be
expanded) in Sunflower Shopping Plaza, 8146 and 8150 N.
University Drive, which is zoned B-1 (Neighborhood
Business). Petition #21-Z-89
FINAL ACTION: RESOLUTION NO. R-89-236 PASSED.
Public Hearing was held.
APPROVED.
�- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -
ORDINANCES
PUBLIC HEARINGS - 7:30 P.M.
Community Development
15. a. MOTION TO ACCEPT Affidavits of Publication, Mailing
and Posting for Temp_.__Ord. #1453. Petition #14-Z-89
b. PUBLIC HEARING - MOTION TO ADOPT Temp. Ord. #1453 on
first reading concern ng a request by FUNDAMENTAL
HOPKINS EASTON LTD. #11 to rezone a 4-acre parcel at
the southeast corner of VISUAL GRAPHICS PARK at
Commercial Boulevard and NW 94 Avenue from M-2 (Medium
Industrial) to B-3 (General Business). Petition
#14-Z--89
FINAL ACTION:
15.a. ACCEPTED Affidavits.
15.b. Public Hearing was held. APPROVED on first reading
subject to:
1. Applicant has volunteered to deed restrict the property
so that no gas stations may be built on this four acre
site.
2. Applicant has volunteered to not renew the lease for the
warehouse use on the north side of the property, which
lease includes the truck rental company.
3. The City's Comprehensive Plan must be adopted by the
City Council and certified by the Broward County
Planning Council before the ordinance rezoning this four
acre parcel will become effective.
Second reading and public hearing will be held at a Regular
City Council meeting on Wednesday, September 27, 1989 at or
after 10:00 a.m.
Page 4
9/13/89
16. a. MOTION TO ACCEPT Affidavits of Publication, Mailing and
Posting for Temp. Ord. #1438. Petition #15-Z-89
b. PUBLIC HEARING -- MOTION TO ADOPT Temp. Ord. #1.438 on
first reading concerning a request by FUNDAMENTAL
HOPKINS EASTON LTD. #11 to rezone lands identified as
the VISUAL GRAPHICS property, less a 4-acre parcel at
the corner of Commercial Boulevard and NW 94 Avenue,
from M-2 (Medium Industrial) to LI-1 (Light
Industrial). Petition #15-Z-89 (tabled on 8/9/89)
. FINAL ACTION:
16.a. ACCEPTED Affidavits.
16.b. Public Hearing was held. APPROVED on first reading
subject to the applicant voluntarily submitting an
affidavit that the lease for the truck rental company on
the parcel at the north end of the property will not be
renewed. Second reading and public hearing will be held at
a Regular City Council meeting on Wednesday, September 27,
1989 at or after 10:00 a.m.
17. a. MOTION TO ACCEPT Affidavits of Publication, Mailing and
Posting for Ord 1 Temp. 4454. Petition #22-Z-89
_- _
b. PUBLIC HEARING - MOTION TO ADOPT Temp. Ord. #1454 on
first reading concerning a request by SAM AND NATHAN
BUTTERS to rezone lands on the west side of Nob Hill
Road, south of Tamarac Market Place Shopping Plaza, from
R-3 (Low Density Multiple Dwelling) and A-1 (Limited
Agricultural) to LI-1 (Light Industrial) to conform to
the Land Use Plan. Petition #22-Z-89
FINAL ACTION:
. 17.a. ACCEPTED Affidavits.
17.b. Public Hearing was held. APPROVED on first reading.
Second reading and public hearing will be held at a Regular
City Council meeting on Wednesday, September 27, 1989 at or
after 10:00 a.m.
18. PUBLIC HEARING - MOTION TO ADOPT Temp. Ord. #1443 on first
reading to amend Chapter 21 of the Code to provide for
regulation of all signs within the City.
FINAL ACTION:
APPROVED on first reading. Second reading and public
hearing will be held at a Special City Council meeting on
Wednesday, September 27, 1989 at or after 5:05 p.m.
END OF PUBLIC HEARINGS
Community Development
19. _MOTION TO ADOPT Temp. Ord. #1436 on first reading to amend
Section 28-182 under Article XX of Chapter 28 of the Code,
LI-1, Light Industrial District, to delete all B-3 uses and
to allow utilities, community facilities; to amend Section
28-185 for plots of five (5) acres or less; and creating
Section 28--188 for yard setbacks, plot coverage, open space
requirement, building height and hours of operation (tabled
on 6/14/89).
FINAL ACTION:
TABLED.
Page 5
9/13/89
General Administrative
20. MOTION TO ADOPT Temp. Ord. #1447 on first reading to
approve a non --exclusive franchise agreement with ALL
SERVICE REFUSE for commercial garbage and trash collection.
FINAL ACTION:
APPROVED on first reading subject to posting an additional
bond in the amount of $600.00 with the City Clerk by 5:00
p.m., Tuesday, September 26, 1989. Second reading and
public hearing will be held Wednesday, September 27, 1989
at or after 10:00 a.m.
0
21. MOTION TO ADOPT Temp. Ord. #1450 on first reading to
approve a non-exclusive franchise agreement with INDUSTRIAL
WASTE SERVICES, INC., for commercial garbage and trash
collection.
FINAL ACTION:
APPROVED on first reading subject to posting an additional
bondin the amount of $1,100.00. In accordance with request
of 9/13/89, $1,100.00 will be credited to Industrial Waste
Services, Inc. from the $2,500.00 bond posted by Ronkoma,
Inc., as Ronkoma merged with Industrial Waste Services,
Inc. The balance of this $2,500.00 bond ($1,400.00) will be
released to Industrial Waste Services, Inc. Second reading
and public hearing will be held Wednesday, September 27,
1989 at or after 10:00 a.m.
22. MOTION TO ADOPT Temp. Ord. #1448 on first reading to
approve a non-exclusive franchise agreement with BROWNING
FERRIS INDUSTRIES OF FLORIDA, INC., for commercial garbage
and trash collection.
*FINAL ACTION:
APPROVED on first reading subject to posting an additional
bond in the amount of $500.00 with the City Clerk by 5:00
p.m., Tuesday, September 26, 1989. Second reading and
public hearing will be held Wednesday, September 27, 1989
at or after 10:00 a.m.
23. MOTION TO ADOPT Temp. Ord. #1449 on first reading to
approve a non-exclusive franchise agreement with COUNTY
WASTE, INC., for commercial garbage and trash collection.
FINAL ACTION:
APPROVED on first reading. Receipt is acknowledged of an
additional cash bond posted in the amount of $1,100.00.
Second reading and public hearing will be held Wednesday,
September 27, 1989 at or after 10:00 a.m.
24. MOTION TO ADOPT Temp. Ord. #1455 on first reading to
approve a non-exclusive francYlise agreement with LARRY
O"CONNOR SANITATION SERVICE for commercial garbage and
trash collection.
FINAL ACTION:
APPROVED on first reading. Second reading and public
hearing will be held Wednesday, September 27, 1989 at or
after 10:00 a.m.
Page 6
9/13/89
25. MOTION TO ADOPT Tem . Ord. #1452 on first reading to
approve a non-exclusive franchise agreement with SOUTHERN
SANITATION SERVICE for commercial garbage and trash
collection.
FINAL ACTION:
APPROVED on first reading subject to posting of an
additional bond in the amount of $850.00 with the City
Clerk by 5:00 p.m., Tuesday, September 26, 1989. Second
reading and public hearing will be held Wednesday,
September 27, 1989 at or after 10:00 a.m..
OPEN PUBLIC FORUM
26. OPEN PUBLIC FORUM - 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.
FINAL ACTION:
Open Public Forum was held.
REPORTS
27. City Council
28. City Manager
29. City Attorney
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
BUDGET PUBLIC HEARINGS
for Fiscal Year 1989/90
Thursday, September 14, 1989 -- 7:00 P.M. City Council Chambers
uesday, September 26, 1989 - 7:00 P.M. City Council Chambers
Page 7
9 /13 /89
CITY OF TAMARAC
CITY COUNCIL REGULAR MEETING
WEDNESDAY, SEPTEMBER 13, 1989
CALL TO ORDER: Mayor Abramowitz called this meeting to Order on
Wednesday, September 13, 1989 at 7:00 P.M. in the Council Chambers.
MEDITATION AND PLEDGE OF ALLEGIANCE: Mayor Abramowitz called for the
Pledge of Alle-g a�followed by a Moment of Silent Meditation
dedicated to Emil Beutner, previous member of the Planning Commission.
PRESENT:
ABSENT AND EXCUSED:
ALSO PRESENT:
Mayor Norman Abramowitz
Vice Mayor Dr. H. Larry Bender
Councilman Bruce Hoffman
Councilman Henry Rohr
Councilman Jack Stelzer
John P. Kelly, City Manager
Richard Doody, City Attorney
Carol A. Evans, City Clerk
Pauline Walaszek, Special Services
Secretary
RESOLUTIONS
7. MOTION TO ADOPT Temp. Reso. #5535 authorizing the appro-
priate Cityofficlals to execute —a fifth amendment to the
11/17/86 Developers Agreement pertaining to payment of
development fees and extension of the site plan for
CINNAMON WHARF (TRACT 37).
SYNOPSIS OF ACTION:
REMOVED from the agenda at the developer's
request.
* V/M Bender MOVED to REMOVE Temp. Reso. #5535 from the
* agenda at the Developer's request, SECONDED by C/M Rohr.
VOTE:
INTRODUCTION
ALL VOTED AYE
1. PRESENTATION by Mayor Abramowitz of a
proclamation designating October 8--14, 1989, as FIRE
PREVENTION WEEK, the theme of which is "Big Fires Start
Small: Keep matches and lighters in the right hands".
SYNOPSIS OF ACTION:
PRESENTATION was made to Fire Lieutenant
Gotha.
Mayor Abramowitz read the proclamation and presented it
to Fire Lieutenant Gotha.
Fire Lieutenant Gotha thanked the City Council for the
proclamation. He said every year there was a Fire
presentation given to the pre-school and elementary
school children; however, the adults seemed to
participate and have as much enjoyment. He invited
everyone to participate in this program.
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CONSENT AGENDA - ITEM 2 a. and f.
Building Department
2. a. MOTION TO ADOPT Temp. Reso. #5524 releasing a cash bond
in the amount of $2,000.00 posted for a sales trailer that
was located in the ISLES OF TAMARAC, 7006 NW 100 Terrace
(840612) (tabled on 8/23/89) .
SYNOPSIS OF ACTION:
APPROVED.
City Clerk
RESOLUTION NO. R-89-226 - PASSED
b. MOTION TO APPROVE the minutes of the City Council
meeting of $ 23 89.
SYNOPSIS OF ACTION:
APPROVED.
c. MOTION TO APPROVE renewal of a model sales permit
for WATER PLACE, Building 1, Apartments 109 and 215, for
a six-month period from 10/12/89 to 4/12/90.
SYNOPSIS OF ACTION:
APPROVED.
d. MOTION TO APPROVE renewal of a model sales permit
for TAMARAC GARDENS #4 in Building #6, Units 104 and 105,
and waiver of the 300-foot distance requirement for
issuance of certificates of occupancy for a six-month
period from 10/12/89 to 4/12/90.
SYNOPSIS OF ACTION:
APPROVED.
Engineering/Utilities
e. MOTION TO APPROVE a change order to the contract
with Broward Hurricane Panel Company in the amount of
$651.00 for the addition of one (1) roll -up window unit
and demountable protective panel to provide protection
to two (2) windows not noted in the original count due
to being covered over by electrical installation
scaffolding.
SYNOPSIS OF ACTION:
APPROVED.
Public Works
f. MOTION TO APPROVE the transfer of $1,340.00 from
General Contingency Account 001-872-588-975 to Recreation
Activities Account 001-550-572-481 to correct budget
transfer approved by Council on 8/23/89; transfer was
necessary to provide funding for temporary monitor wells
and Broward Testing Lab environmental audit for the
Public Works property sale.
SYNOPSIS OF ACTION:
APPROVED
* V/M Bender MOVED to APPROVE Consent Agenda, Item 2 a. through
* f., SECONDED by C/M Hoffman.
VOTE:
ALL VOTED AYE
Page 2
9/13/89-pw
CONSIDERATIONS
Community Development
3. MOTION TO APPROVE a model sales facility for SPRINGLA KE
VILLAS (NORTHWOOD II) and waiver of the 300-foot distance
requirement for issuance of certificates of occupancy for a
six-month period from 9/13/89 to 3/13/90.
SYNOPSIS OF ACTION:
DISCUSSED. (SEE PAGE 17 for Final Action) .
* C/M Rohr MOVED to APPROVE this Item, SECONDED by V/M Bender.
Kelly Carpenter -Craft, City Planner, said staff
recommended approval of this item. She said the
applicant submitted a site plan and signatures from
surrounding residents supporting the application. She
said the applicant was requesting that the fees be waived
because there was a model sales permit approved for a
site on the development in June, 1989; however, the model
sales facility was being moved several buildings away.
She said the applicant objected to being charged the fees
again and, in the interest of continuing the City's
policy of not waiving fees, it was staff's position that
the fees should not be waived. She said the applicant
was present and wanted to address the City Council.
Bret Handler, Representative of GHO Homes, Inc., said GHO
Homes, Inc., procured this project from HLR because they
were not able to complete it. He said there were model
sales centers set up and GHO Homes, Inc., did not care to
continue building these models. He said during this
time, GHO Homes, Inc., kept up the payments for the
existing model sales permits because one of the offices
was being used as a construction office.
Mr. Handler said when the new model building was recently
opened they had to pay for a model sales permit. He said
GHO Homes, Inc., continuously paid for a sales center the
last 9 months that was not in operation. He said the
permits were paid up through January, 1990; therefore, he
asked the City Council to consider transferring the fees
from the existing building to the new model sales unit.
Mayor Abramowitz said when things were prepared, staff
spent a lot of time with legal matters that had to
reviewed, etc. He said in most cases he would comply
with staff's recommendation. He said he understood Mr.
Handler's concern; however, he could not change the fact
that GHO Homes, Inc., paid for something they were not
using.
C/M Hoffman said the fees were not that great and the
development was being redeveloped. He said there was
approximately $200.00 involved and he recommended that
the City Council waive the fees.
Mayor Abramowitz said he did not want to set a precedent
for the future. He said there would be several new
developers in the City and no one should be treated
differently. He said the City Council had the right to
vote the way they wanted. He said staff's recommendation
was well taken because of the work involved.
C/M Hoffman said if exceptions were not made the City
Council should not meet. He said these types of items
were brought to the City Council to grant waivers. He
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9/13/89-pw
said if the City Council was going to make a hard fast
rule that no one would receive a waiver, the items would
not be brought to the City Council.
Mayor Abramowitz said there had to be good reasons for
the City Council to deny the next request when they
approved the previous request.
C/M Hoffman said GHO Homes, Inc., was taking the project
over which was started by someone else. He said the City
would like the project finished to get rid of half
developed parcels. He said in this case, there were
extenuating circumstances because the project was not
started by GHO Homes, Inc.
C/M Rohr asked Mr. Handler how much was paid for the
permit and Mr. Handler said the fees were $350.00 every 6
months; therefore, there was a total of $700.00 into a
model sales center that did not exist.
Mr. Handler said GHO Homes, Inc., felt that it was
appropriate to continue and they were not expecting to
have to appear before the City Council.
C/M Rohr suggested that the City Council allow half
credit for the new permits.
Mayor Abramowitz said staff spent time on this matter;
however, $100.00 would not make or break the City. He
said he objected because of the precedent it may set and
he would like everyone to receive the same opportunity.
* C/M Rohr AMENDED his Motion for Approval to include a
* half credit for the new permits.
* As the Second to the Motion, V/M Bender did not Accept
* the amendment.
** The following vote was on the Motion to APPROVE.
VOTE: Mayor Abramowitz - Aye
V/M Bender - Aye
C/M Hoffman -- Nay
C/M Rohr - Nay
** MOTION was DENIED.
* C/M Rohr MOVED to APPROVE this item subject to one half
* credit in the amount of $175.00 being allowed for the
* issuance of Certificates of Occupancy for the six month
* period from 9/13/89 to 3/13/90, SECONDED by C/M Hoffman.
VOTE: Mayor Abramowitz - Nay
V/M Bender - Nay
C/M Hoffman - Aye
C/M Rohr - Aye
** MOTION was DEFEATED.
Mayor Abramowitz said GHO Homes, Inc., was not able to
receive a Certificate of Occupancy at this time. He
suggested that Mr. Handler discuss this matter with the
City Planner.
(SEE PAGE for 18 Final Action)
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RESOLUTIONS
Building Department
4. MOTION TO ADOPT Temp. Reso. #5528 approving a revised
butingper— t fee schedule.
SYNOPSIS OF ACTION: RESOLUTION NO. R-89-227 - PASSED
APPROVED,
City Attorney Doody read Temp. Reso. #5528 by title.
* V/M Bender MOVED to APPROVE Temp. Reso. #5528, SECONDED by
* C/M Rohr.
Steven Oxenhandler, Director of Development Services,
said the Building Department revised their current
building fee schedule pursuant to Senate Bill 511. He
said the revisions were made in order to levy fees
efficient to offset the operation of the Department. He
introduced Dan Wood, Chief Building Official, and said
Mr. Wood assisted in revising the building fee schedule.
Mr. Oxenhandler said the revised schedule was fair and
would raise sufficient fees to offset the costs in
running the Building Department. He said building was
down in the City and the operating costs increased;
therefore, the budget was revised to decrease the
operating costs; however, the increase of approximately
1.5% was needed to offset those costs.
Mayor Abramowitz asked if the City was in accord with the
surrounding Cities and Mr. Oxenhandler said a survey was
conducted and the fees were approximately the same. He
said the other Cities looked to see what Tamarac was
charging when establishing their fees.
VOTE: ALL VOTED AYE
5. MOTION TO ADOPT Temp. Reso. #5534 revising the pay plan of
a part-time structural plans examiner from pay plan 8, range
24, to pay plan 5, range 28, retroactive to 7/24/89.
SYNOPSIS OF ACTION: RESOLUTION NO. R-89-228 - PASSED
APPROVED.
City Attorney Doody read Temp. Reso. #5534 by title.
* V/M Bender MOVED to APPROVE Temp. Reso. #5534, SECONDED by
* C/M Hoffman.
Steven Oxenhandler, Director of Development Services,
said in an effort to restructure the requirement, a
part-time Plans Examiner position was eliminated. He
said there would be one part-time Structural Plans
Examiner available at a lower cost. He said the employee
would be working 16 hours per week and benefits would not
be provided.
Mayor Abramowitz asked if the services would be
diminished and Mr. Oxenhandler replied, no.
VOTE:
ALL VOTED AYE
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Community Development
6. MOTION TO ADOPT Temp. Reso. #5530 approving a site plan
and associated documents for GRAN VILLE to be located south of
NW 80 Street, north of Fairfax, between Nob Hill Road and NW
108 Terrace.
SYNOPSIS OF ACTION: RESOLUTION NO. R-89-229 - PASSED
APPROVED.
City Manager Kelly read Temp. Reso. #5530 by title.
* V/M Bender MOVED to APPROVE Temp. Reso. #5530, SECONDED by
* C/M Hoffman.
Kelly Carpenter -Craft, City Planner, read the Findings of
Fact as follows:
1. This is a final site plan for the proposed multi-
family residential and recreation area located south
of NW 80 Street, north of Fairfax between McNab Road
and NW 108 Terrace.
2. The Tamarac Land Use Plan designates the lands as
medium density residential (10-12 D/U/A). The
parcel is zoned R-3.
3. The plan has been reviewed by the Tamarac Staff Review
Committee: Committee's comments are included in the
backup.
4. Impact fees due are $60.00 and $480.00
5. The land use and zoning on abutting properties is the
following:
North medium density R-3
Residential (10-15 D/U/A) low density Res.
South medium density Res. R-3
East medium density Res. R-3
West medium density Res. R-3
RECOMMENDATION:
The Site Plan Review Committee recommends approval of this
final site plan submittal.
The Planning Commission recommended approval on August 16,
1989.
VOTE:
ALL VOTED AYE
8. MOTION TO ADOPT Temp. Reso. #5532 approving the transfer
of a special exceptions —the operation of a restaurant with
carry -out from Corey R. Bemis d/b/a Bonkers Pizza, Inc., to
Antonio Favilla, President, d/b/a Anthony's Pizza and Pasta,
Inc., located at 7168 N. University Drive (MIDWAY PLAZA).
SYNOPSIS OF ACTION:
APPROVED.
RESOLUTION NO. R-89--230 - PASSED
City Attorney Doody read Temp. Reso. #5532 by title.
* C/M Rohr MOVED to APPROVE Temp. Reso. #5532, SECONDED by
* V/M Bender.
Kelly Carpenter -Craft, City Planner, said this was an
application for a transfer of a special exception from
one restaurant to another. She said the City Council
approved the special exception in February, 1989, as
Bonkers Pizza and this business was no longer in
operation. She recommended approval.
VOTE: ALL VOTED AYE
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1
9. MOTION TO ADOPT Temp. Reso. #5529 changing all the street
names 0 thi Wn OODMONT TRACT 71 to Golf Point Circle.
SYNOPSIS OF ACTION: RESOLUTION NO. R-89-231 - PASSED
APPROVED sub ec7 t to no street signs being
changed until a revised plat is recorded
in the public records of Broward County
evidencing the name change from NW 84
Circle to Golf Point Circle.
City Attorney Doody read Temp. Reso. #5529 by title.
* V/M Bender MOVED to APPROVE Temp. Reso. #5529, SECONDED by
* C/M Hoffman.
Kelly Carpenter -Craft, City Planner, said the application
was made by the neighborhood which was supported by all
of the property owners. She said the request was to
change the street names and there were three street names
involved. She said they wanted the actual name changed
on the face of the plat; however, the approval of Broward
County was not required because it was not listed on the
trafficways plan. She recommended approval.
City Attorney Doody said the signs would be posted once
the plats were recorded. He said he would amend the
Resolution to, "when revised plat was recorded in the
public records."
VOTE:
ALL VOTED AYE
At 7:30 P.M., Mayor Abramowitz RECESSED the meeting and
RECONVENED at 7:40 P.M. with ALL PRESENT.
PUBLIC HEARING -
ORDINANCES
7:30 P.M.
Community Development
15. a. MOTION TO ACCEPT Affidavits of Publication, Mailing
and Postzngfor—Temp. Ord. #1453. Petition #14-Z-89
b. PUBLIC HEARING - MOTION TO ADOPT Temp. Ord. #1453 on
i�rst-reading concerning a request by FUNDAMENTAL HOPKINS
EASTON, LTD., #11, to rezone a 4-acre parcel at the
southeast corner of VISUAL GRAPHICS PARK at Commercial
Boulevard and NW 94 Avenue from M-2 (Medium Industrial)
to B-3 (General Business). Petition #14-Z-89
SYNOPSIS OF ACTION:
Public Hea nzr g was held.
a. ACCEPTED Affidavits.
b. APPROVED on first reading with
conditions.
* a. V/M Bender MOVED to ACCEPT Affidavits of Publication, Mailing
* and Posting for Temp. Ord. #1453, SECONDED by C/M Hoffman.
VOTE: ALL VOTED AYE
City Attorney Doody read Temp. Ord. #1453 by title.
* b. V/M Bender MOVED to APPROVE Temp. Ord. #1453 on first reading,
* SECONDED by C/M Hoffman.
Kelly Carpenter -Craft, City Planner, read the Findings of
Facts as follows:
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1. The petitioner was seeking to rezone from M-2
(Medium Industrial) to B-3 (General Business).
2. The Tamarac land use map designates this parcel
as industrial; however, commercial uses are
conditionally permitted in industrial areas. After
the certification of the City's land use plan, the
County will permit the use of the "20% Flexibility
Provision".
3. The parcel contains 4.01 acres more or less.
4. The current land use and zoning on the abutting
properties are:
North M-2 Industrial
South B--3 Commercial
East B-2 Commercial
West M-2 Industrial
5. This parcel is further identified as being the south-
east corner of V.G.C. Park lands.
6. This petition, which was originally approved by the
Planning Commission on May 17, 1989, has a revised
legal description to reflect a site reduction from
4.10 to 4.01 acres and is resubmitted for Planning
Commission approval.
RECOMMENDATION:
The Community Development Department recommends approval of
the request to rezone to B-3, using commercial flexibility
subject to the following conditions:
a. Applicant has volunteered to deed restrict the property
so that no gas station may be built on this four acre
site.
b. Applicant has volunteered not to renew the lease for
the warehouse use on the north side of the property,
which lease includes the truck rental company.
c. The City's Comprehensive Plan is adopted by the City
Council and is certified by the Broward County Planning
Council. Before the Ordinance rezoning, this four acre
parcel will become effective.
Mrs. Carpenter -Craft said since the plan was in the
production process, the City was not entitled to the
commercial flexibility under the County Land Use Plan.
She said the applicant agreed to language in the
Ordinance which stipulated that the zoning became
effective when the plan was certified. She said at that
time the commercial flexibility could be used.
Mayor Abramowitz Opened the Public Hearing.
Vickie Beech, Resident, said she lived in the area of
this development and she attended the Planning Commission
meeting when the attorney, architect and owner presented
the matter. She said she was very happy with the
proposal; however, there were too many things that
occurred in the City where approval was given and the
promises were not kept.
Mrs. Beech said she was having difficulty receiving a
definite answer as to how long the contract for the
warehouse and truck storage tenants actually was. She
said the City Council inherited these problems;
therefore, she would not blame them. She said when Mayor
Abramowitz was running for office, he stated that there
were only 14 months on the lease. She said the City
Council tried to get a better appearance in the area
during the time the lease was in affect.
Mrs. Beech said during the Planning Commission meeting it
was stated that there were approximately 2 years left on
the lease. She said she asked about the existing
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condition of the property and she was informed that this
matter should be handled by Code Enforcement. She said
she did not feel that granting rezoning to make the
property more valuable was appropriate when she would
have to continually contact the City regarding Code
Enforcement citing the area.
Mayor Abramowitz said he was surprised that item 15 was
before 16. He said the present zoning designation on the
land did not exist. He said the petitioner had to come
before the City Council for rezoning and it was
established that the lease was for 3 years. He said item
16 contained an affidavit that would be presented to the
City indicating that at the end of the lease, the owner
would not be renewing the lease.
Mayor Abramowitz said the owner informed him that he was
trying to buy his way out of the lease. He said the
existing site was not appropriate and a previous public
official negotiated the lease for the property. He said
he gave the City Manager a request to submit to Code
Enforcement to cite the trucks in the area.
Mayor Abramowitz said the petitioner was trying to
eliminate Ryder Trucks from the property.
Mrs. Beech said she was very impressed with Mr. Matheson,
the Owner, and his intentions; however, she was concerned
with this matter becoming like the problems of Cardinal
Industries.
Mayor Abramowitz said there were two main concerns
expressed to the petitioner. He said the first concern
was placing a gas station on the property and the
petitioner submitted a deed restriction that went with
the land. He said the petitioner was doing the next best
thing by submitting an affidavit indicating that the
existing lease would not be renewed. He said the only
way that the conditions would change after final approval
would be by the City Council.
Mrs. Beech asked if the restrictions would pertain to a
new owner and Mayor Abramowitz said the deed restrictions
and affidavit were a condition on the land. He said the
area has been a problem and the City and residents have
done very well on the property.
Mayor Abramowitz Closed the Public Hearing with no
further response.
City Attorney Doody said he would be amending the
Ordinance to include the provision that the Ordinance
would be effective upon certification of the adopted plan
by the Broward County Planning Council.
VOTE:
ALL VOTED AYE
16. a. MOTION TO ACCEPT Affidavits of Publication, Mailing
and Posting for Te� mp. Ord. #1438. Petition
#15-Z-89
b. PUBLIC HEARING -- MOTION TO ADOPT Temp. Ord. #1438 on first
reading concerning a request by FUNDAMENTAL HOPKINS EASTON,
LTD., #11, to rezone lands identified as the Visual Graphics
property, less a 4-acre parcel at the corner of Commercial
Boulevard and NW 94 Avenue, from M-2 (Medium Industrial) to
LI-1 (Light Industrial). Petition #15-Z-89 (tabled on
8/9/89)
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SYNOPSIS OF ACTION:
Public Hearing was held.
a. ACCEPTED Affidavits.
b. APPROVED on first reading with
condition.
* a. V/M Bender MOVED to ACCEPT the Affidavits of Publication,
* Mailing and Posting for Temp. Ord. #1438, SECONDED by
* C/M Hoffman.
VOTE: ALL VOTED AYE
City Attorney Doody read Temp. Ord. #1438 by title.
* b. V/M Bender MOVED to APPROVE Temp. Ord. #1438 on first reading,
* SECONDED by C/M Hoffman.
Kelly Carpenter -Craft, City Planner, read the Findings of
Fact as follows:
1. The petitioner is requesting a change of zoning from
M-2 (Medium Industrial) to LI-1 (Light Industrial) to
conform to the provisions of Article XX (LI-1, Light
TAPE 2 Industrial), which repealed the M-2 zoning district.
2. The Tamarac land use map designates this parcel as
industrial.
3. This parcel, known as Visual Graphics, contains 34.07
acres, more or less.
4. The current land use and zoning on abutting properties
is:
North RM-10 low medium (10) Residential
South B-3 commercial
East B-2 - B-6 commercial
RECOMMENDATION: West A-5 - B-2 commercial
The Community Development Department recommends approval of the
rezoning request.
Mayor Abramowitz Opened and Closed the Public Hearing
with no response.
VOTE:
ALL VOTED AYE
Mayor Abramowitz commended the City Planner and Planning
and Zoning for a good job on this matter.
** EDITOR'S NOTE: Approved on first reading subject to the applicant
voluntarily submitting an affidavit that the lease
for the truck rental company on the parcel at the
north end of the property will not be renewed.
Second reading and public hearing will be held at a
a Regular City Council meeting on Wednesday, September
27, 1989, at or after 10:00 A.M.
RESOLUTIONS
Community Development
13. PUBLIC HEARING - MOTION TO ADOPT Temp. Reso. #5526 concerning a
request by FERRO PIZZA, INC., for special exception to permit
expansion of Ferro Pizza into an adjacent bay at 8150 N.
University Drive in Sunflower Shopping Plaza which is zoned
B--1 (Neighborhood Business) . Petition #20-Z-89
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SYNOPSIS OF ACTION:
Public Hearing was held.
APPROVED.
RESOLUTION NO. R-89-235 - PASSED
City Attorney Doody read Temp. Reso. #5526 by title.
* V/M Bender MOVED to APPROVE Temp. Reso. #5526, SECONDED by
* C/M Hoffman.
Kelly Carpenter -Craft, City Planner, read the Findings of
Fact as follows:
1. Ferro Pizza Restaurant is seeking a special exception
approval to expand into an adjacent bay at 8150 N.
University Drive in the Sunflower Shopping Plaza.
2. The plaza is zoned B-1 (Neighborhood Business) and is
designated commercial on the Tamarac land use plan.
3. The zoning Code allows restaurants as a special
exception conditioned upon the restaurant having an
approved method of waste collection and having a plan
for control, reduction or elimination of offensive
odors.
4. The restaurant has been in business for several years.
The additional space will be utilized for customer
service and storage only, with no additional kitchen
facilities.
5. The current land use and zoning on the abutting property
is:
North B-2 commercial
South B-1 commercial
East R-lC low density residential
(0-5 D/U/A)
West B-6 commercial
6. Ferro Pizza wishes to lease the adjacent bay to expand
their restaurant. The shopping plaza received a limited
parking waiver in 1982; therefore, there are sufficient
parking spaces to allow this use.
RECOMMENDATION:
The Community Development Department recommends approval of this
special exception for Ferro Pizza, subject to all conditions of
the zoning code.
Mayor Abramowitz Opened and Closed the Public Hearing
with no response.
VOTE: ALL VOTED AYE
14. PUBLIC HEARING - MOTION TO ADOPT Temp. Reso. #5527 concerning a
request by FERRO PIZZA, INC., for special exception to permit
on -premises consumption of beer and wine at Ferro Pizza (as it
presently exists and as may be expanded) in Sunflower Shopping
Plaza, 8146 and 8150 N. University Drive, which is zoned B-1
(Neighborhood Business). Petition #21-Z-89
SYNOPSIS OF ACTION: RESOLUTION NO. R-89--236 -- PASSED
Public Hea nir g was held.
APPROVED,
City Attorney Doody read Temp. Reso. #5527 by title.
* V/M Bender MOVED to APPROVE Temp. Reso. #5527, SECONDED by
* C/M Hoffman.
Kelly Carpenter -Craft, City Planner, read the Findings of
Fact into the record as follows:
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1. Ferro Pizza Restaurant is seeking a special exception
to allow on premises consumption of beer and wine at
Ferro Pizza (as it presently exists and as may be
expanded) at 8146 and 8150 N. University Drive in
Sunflower Shopping Plaza.
2. The property is zoned B-1 (Neighborhood Business) and
is designated commercial on the Tamarac Land Use Plan.
3. Section 28-171 of the Code indicates that alcoholic
beverages are regulated by special exception; however,
the Code sets forth no other criteria for this use.
4. Another restaurant in this Plaza has a special exception
for alcoholic beverage consumption.
RECOMMENDATION:
The Community Development Department recommends approval of this
request. The Planning Commission approved this item on August
16, 1989.
Mayor Abramowitz Opened and Closed the Public Hearing
with no further response.
VOTE:
ALL VOTED AYE
17. a. MOTION TO ACCEPT Affidavits of Publication, Mailing
and PostTn or —Temp. Ord. #1454. Petition
#22-Z-89
b. PUBLIC HEARING - MOTION TO ADOPT Temp. Ord. #1454 on first
reading concerning a request by SAM AND NATHAN BUTTERS
to rezone lands on the west side of Nob Hill Road, south
of Tamarac Market Place Shopping Plaza, from R-3 (Low
Density Multiple Dwelling) and A-1 (Limited Agricultural)
to LI-1 (Light Industrial) to conform to the Land Use
Plan. Petition #22--Z-89
SYNOPSIS OF ACTION:
Public Hea nri g was held.
a. ACCEPTED Affidavits.
b. APPROVED on first reading.
* a. V/M Bender MOVED to ACCEPT the Affidavits of Publication,
* Mailing and Posting for Temp. Ord. #1454, SECONDED by
* C/M Hoffman.
VOTE: ALL VOTED AYE
City Attorney Doody read Temp. Ord. #1454 by title.
* b. C/M Hoffman MOVED to APPROVE Temp. Ord. #1454 on first reading,
* SECONDED by V/M Bender.
Kelly Carpenter -Craft, City Planner, said this request
was for conformity to zoning. She said the lands were
currently zoned R-3 (Low Density Multi -Dwelling) and A-1
(Limited Agriculture). She said the request was to
rezone to LI-1 (Light Industrial). She said the Land Use
Plan designated Land Section 7 with an exception, not
this piece, as industrial. She said the property
consisted of 35.837 acres and the surrounding uses are as
follows:
North
commercial
South A-1
industrial
East S-1
open/space recreational
West LI-1
light industrial
Mrs. Carpenter -Craft said the Planning Department was
working with all of the landowners on the north and south
halves of Land Section 7 and she was very pleased with
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the progress. She recommended approval of this request
and the Planning Commission recommended approval at their
August 5, 1989 meeting.
Mayor Abramowitz said he sat in on the meeting with the
landowners and he was very pleased and excited about what
was occurring.
Mayor Abramowitz Opened and Closed the Public Hearing
with no further response.
VOTE: ALL VOTED AYE
18. PUBLIC HEARING - MOTION TO ADOPT Temp. Ord. #1443 on first
reading to amend Chapter 21 o�the Code to prov de for
regulation of all signs within the City.
SYNOPSIS OF ACTION:
Pubic Hea nr g was held.
APPROVED on first reading.
City Attorney Doody read Temp. Ord. #1443 by title.
* V/M Bender MOVED to APPROVE Temp. Ord. #1443 on first reading,
* SECONDED by C/M Hoffman.
Mayor Abramowitz said C/M Hoffman would be making a
report on this item and it was lengthy; therefore, he
asked that the public have patience. He said there was a
tremendous amount of time and effort by staff, C/M
Hoffman, Planning Commission, the Sign Advisory Task
Force, businessmen, the Chamber of Commerce and various
sign Companies. He said there was an Ordinance that
required compliance in 5 years and the Ordinance was
proposed to the City Council and residents but was not
approved. He thanked everyone involved in preparing this
Ordinance.
C/M Hoffman said on October 31, 1988, the City Council
created a Sign Advisory Task Force which was directed to
review the existing sign Ordinance and recommend changes.
He said he was pleased to be appointed Council liaison
to the Committee. He said the last year was spent on
this assignment and an Ordinance was created that would
make the City proud.
C/M Hoffman thanked the Committee members that
contributed very much. He thanked Planning Commissioner
Silvestri whose work was of immeasurable help to the
City. He said Commissioner Silvestri was always a
levelheaded advisor and he was very pleased to have
Commissioner Silvestri's sound advice.
C/M Hoffman thanked Glenn Meyers, Chief Executive Officer
of Ambassador Bank and President of the Chamber of
Commerce. He said Mr. Meyers was a leader in helping
push the sign Ordinance amendments. He said Mr. Meyers
never allowed the Committee to stop.
C/M Hoffman thanked Bruce Goldman, Tamarac Pharmacy, who
represented the interest of the retail business
community. He thanked Kay Busch, Assistant Vice
President of Woodmont Corporation, who represented the
realtors of the City. He thanked Jim Kevren, Kwik Signs,
who represented the sign industry and whose technical
assistance was invaluable.
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C/M Hoffman said although these people represented
important segments of the business community, they were
always willing to support the City over the interest of
their groups. He said he was very grateful for what they
did.
C/M Hoffman said the Committee would not have been as
successful without the help and support of staff. He
said Mike Von Hofen, previous Assistant City Planner, and
Dale Lee, previous Chief Building Official, were no
longer with the City; however, they contributed very much
to the project. He said when these two gentlemen left
the City, the Committee was very fortunate in securing
the services of Kelly Carpenter -Craft, City Planner, Dan
Wood, Chief Building Official, and Steven Oxenhandler,
Director of Development Services. He said the work of
these people was magnificent.
C/M Hoffman thanked the former Mayor and current
Councilman of the City of Coconut Creek. He said Mr. Sam
Goldsmith was very kind in sharing the work of the City
of Coconut Creek's own Sign Committee. He said the sign
Ordinance Committee gained much from their experience.
C/M Hoffman said the new Ordinance covered every possible
sign that may be requested. He said everything was
spelled out and every applicant and sign company would
know exactly what was and was not permitted. He said
there would no longer be any need for a sign application
to go before a Committee or Board for approval. He said
under the new Ordinance all applications would be handled
like any other building permit by the Building
Department. He said the Building Department would adhere
to the Code or answer to the City Manager.
C/M Hoffman said if the Code allowed a sign, a permit
would be issued, if a sign was not allowed, it would be
denied. He said specification of color and shade of
color would be required in the criteria. He said the
shopping plazas would be required to submit color chips
or designate color by use of the Roman Hauss Four Digit
Color System. He said the system was well known by the
sign industry and every sign maker knew what shade was
specified under the system.
C/14 Hoffman said when a shopping plaza applied for a
criteria change, the owner would have to post a bond to
guarantee that the change would be done through the
entire plaza.
C/M Hoffman said temporary signs would be removed within
a reasonable time and not permitted indefinitely. He
said signage belonged to a business no longer in
operation would be removed xvithin a reasonable time. He
said the Committee felt that the large balloons used for
advertising did not enhance the appearance of the
community but gave an appearance of a carnival.
C/M Hoffman said the Ordinance assisted in regulating the
heights of signs and controlled store windows in using
signs. He said the Ordinance would greatly enhance the
appearance of the City without depriving businesses of
the right to have signs to promote their business.
C/M Hoffman said he felt that the signs not in compliance
with the Ordinance passed in 1984 should be given 9
months to comply with the new Ordinance. He said anyone
complying with the 1984 Ordinance should be given a year
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to comply; however, after discussion with the City
Attorney, the City was advised that this would create two
classes of citizens; therefore, this was a violation of
the First Amendment. He said it was decided to recommend
to the City Council that everyone be given one year to
comply with the new Ordinance.
C/M Hoffman said the Ordinance was 33 pages long and
there was an addendum of amendments which was 4 pages
long. He asked that the City Council approve the
addendum and request the City Attorney to insert the
amendments in the Ordinance.
Mayor Abramowitz thanked C/M Hoffman for his contribution
to the Ordinance.
Mayor Abramowitz Opened the Public Hearing.
Carl Alper, Resident, said he clipped an editorial from
the Miami Herald pertaining to billboards. He submitted
the clipping to the City Council for review. He said
sign pollution did not promote products, especially
billboard signs. He said he sat on the Planning
Commission for 7 years and for 5 years the Planning
Commission was unanimously against ground signs.
Mr. Alper said Landscape Planners, Safety Engineers,
Urban Developers and Municipal Architects did not assist
in creating the Ordinance; however, Real Estate Brokers,
Chamber of Commerce and Sign Companies were involved. He
said Kelly Carpenter -Craft, City Planner, did not have
her name appearing on the list of persons who brought
forth the Ordinance.
Mr. Alper said the Federal Government had laws
prohibiting billboards. He said billboards demean an
area and diminished the beauty of the City and Tamarac
had a law against billboards; however, they had bus
shelters with billboards. He said the new sign Ordinance
made billboards legal.
Mr. Alper said the City of Coral Springs was incorporated
at the same time Tamarac was incorporated. He said Coral
Springs had several elegant and high class businesses.
He said Coral Springs had no ground signs in their City.
He said Coral Springs had bus shelters; however, there
were no billboards on the bus shelters. He said Coral
Springs did not allow real estate signs on acreage or
lots.
Mr. Alper said the previous Ordinance allowed one
open --house sign; however, the proposed Ordinance allowed
four. He said Coral Springs allowed no open -house signs;
however, they continued to sell homes. He said sidewalk
sales were permitted in the past providing the entire
shopping center had sidewalk sales; however, the proposed
Ordinance allowed any store to have sidewalk sales.
Mr. Alper said ground signs
were very
dangerous and could
cause traffic accidents. He
said the
signs were
permitted up to 80% of the
height of
the building. He
said for safety and beauty
the ground
signs should be
eliminated because it would
attract more business.
Anthony Silvestri, Planning Commissioner, said a new sign
Ordinance was being proposed and many well -learned people
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worked on the sign Ordinance. He said the Ordinance
would be very good for the City and he recommended
approval.
C/M Rohr asked Commissioner Silvestri how he felt about
ground signs and Commissioner Silvestri said he would
like ground signs under the jurisdiction of the Planning
Commission as opposed to the Building Department;
however, he wanted to see a new sign Ordinance enacted so
that the City could be cleaned up.
Anthony Grimaldi, Resident, said he was Chairman of the
Planning Commission when the sign Ordinance review began.
He said he designated Commissioner Silvestri to be the
Planning Commission's liaison on the Sign Ordinance Task
Force. He said the Ordinance would be very effective
once it was enacted.
Mr. Grimaldi said the City has had temporary signs that
became permanent and the new Ordinance would assist in
eliminating these problems. He said temporary signs
became permanent because the City Council allowed this.
He said the Ordinance should not allow the developers to
have temporary signs after a specific time.
Melanie Reynolds, Resident, objected that no Committee
would be assigned to handle the signs. She said since
the Beautification Committee was eliminated there were
terrible signs allowed in the City. She said this was
the fault of the Building Department and Planning
Commission. She suggested that the City Council
reinstate the Beautification Committee.
Irving Katz, Resident, said he reviewed the City of
Margate Sign Ordinance and it did not allow cars, trucks,
etc., with a roof top sign pointing to a store and
business. He asked if this was indicated in the new sign
Ordinance and Mayor Abramowitz replied, yes.
Mr. Katz said most of the signs had to be landscaped in
the past and C/M Hoffman said this would remain a
requirement.
David Krantz, Chairman of the Planning Commission, said
the Planning Commission reviewed the sign Ordinance in
great detail. He said there were three workshops and two
public hearings held regarding the Ordinance. He said
the Planning Commission reviewed the Ordinance line by
line, sentence by sentence, paragraph by paragraph and
page by page and the Ordinance has been long over -due.
He suggested that the City Council's approval of the sign
Ordinance would result in coordination and beautification
of all signs in the City.
C/M Hoffman said the picture submitted by Mr. Alper was
horrible and the signage on State Road 7 would not be as
it was now in one year. He said under the new Ordinance
the pole/pylon signs were not permitted. He said there
was a unique situation in Tamarac that Coral Springs did
not have. He said the City only controlled one side of
the street on State Road 7 and Commercial Boulevard. He
said if all of the signs would be eliminated on State
Road 7 it would not make a difference because the other
side of the street was worse than Tamarac's side.
C/M Hoffman said the City had a responsibility to the
business community to assist them to remain in business.
He said if the City forced the residents in Tamarac to
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live without signage, they would move across the street
to Fort Lauderdale. He said he agreed with Mr. Alper
regarding the City of Coral Springs being nice to look at
and, if Tamarac would have started a Sign Ordinance
approximately 20 years ago, Tamarac would look like Coral
Springs.
C/M Hoffman said Tamarac had business, malls and places
with signs. He said everything could not be bulldozed
and rebuilt. He said the City of Coral Springs was much
smarter when the City was created than the people who
organized the City of Tamarac. He said the City of Coral
Springs was created by a corporation that had an overall
plan of the entire City whereas, Tamarac did not.
C/M Hoffman said he did not see the necessity of having a
committee review every sign or building permit in the
City. He said when a site plan was submitted, the
signage would be placed on the site plan and be reviewed
by the Planning Commission; therefore, the Planning
Commission could still review the signs.
Mr. Alper asked what was new about the proposed sign
Ordinance and C/M Hoffman said Mr. Alper should review
the sign Ordinance to make this determination.
Irving Lopatey, Resident, said he heard several
suggestions about reinstating the Beautification
Committee. He said if the residents wanted to take a
tour with him, he would show them some of the ugly ground
signs approved by the Beautification Committee.
Mayor Abramowitz Closed the Public Hearing with no
further response.
Mayor Abramowitz said the City Council could be as
adamant and firm as they wanted. He said when a business
was cited regarding a sign and the business wanted to go
to litigation, the City could not change it. He said
this would occur; however, the City Council was dedicated
to making the new sign Ordinance enforceable.
VOTE:
TAPE 3
ALL VOTED AYE
City Attorney Doody said the Statute required that the
City Council announce a date at this time for the second
reading of this Ordinance. He said the meeting had to
take place after 5:00 P.M. because it affected more than
5% of the land area in the City.
AT 8:35 P.M., Mayor Abramowitz RECESSED the meeting and
RECONVENED at 8:45 P.M. with ALL PRESENT.
Mayor Abramowitz announced that the second reading for
Temp. Ord. #1443 would be held on September 27, 1989, at 5:05 P.M.
CONSIDERATIONS
Community Development
3. MOTION TO APPROVE a model sales facility for SPRINGLAKE
VILLAS (NORTHWOOD II) and waiver of the 300-foot distance
requirement for issuance of certificates of occupancy for a
six-month period from 9/13/89 to 3/13/90.
SYNOPSIS OF ACTION:
APPROVED#(SEE PAGES 3 and 4)
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9/13/89-pw
Kelly Carpenter -Craft, City Planner, said the applicant
has requested the approval of the model sales facility
and the appropriate fees would be paid.
V/M Bender MOVED to RECONSIDER this item, SECONDED by C/M
Hoffman.
VOTE:
ALL VOTED AYE
V/M Bender MOVED to APPROVE this item, SECONDED by C/M Rohr.
VOTE:
RESOLUTIONS
Engineering/Utilities
ALL VOTED AYE
10. MOTION TO ADOPT Temp. Reso. #5533 approving an agreement
with Blanken h p and Associates, Inc., for the sole source
purchase of eight (8) propeller style meters at a total cost
of $9,920.00 to be used in the expansion of the City wellfield
raw water supply to meet service area needs.
SYNOPSIS OF ACTION: RESOLUTION NO. R-89-232 - PASSED
APPROVED.
City Attorney Doody read Temp. Reso. #5533 by title.
* V/M Bender MOVED to APPROVE Temp. Reso. #5533, SECONDED by
* C/M Rohr.
Bob Foy, Director of Utilities/Engineering, said staff
recommended approval of a sole source agreement with
Blankenship and Associates, Inc. He said the purchase of
eight well water meters was being requested and the
Utilities Department has had very good experience with
the well meters from this company. He said the meters
were required to monitor the raw water well production
and it was important to keep this type of facility in
good condition as it is.
VOTE:
ALL VOTED AYE
11. MOTION TO ADOPT Temp. Reso. #5536 awarding Bid #89--49 to
All ei d Universal Corp., 1n the estimated amount of $26,034.00
to supply the City's annual requirements of chlorine for the
water treatment plant.
SYNOPSIS OF ACTION: RESOLUTION NO. R-89-233 - PASSED
APPROVED.
City Attorney Doody read Temp. Reso. #5536 by title.
* C/M Rohr MOVED to APPROVE Temp. Reso. #5536, SECONDED by
* V/M Bender.
Bob Foy, Director of Utilities/Engineering, said staff
recommended approval because the chemicals were required
for the treatment of the potable water next year. He
said the funds were budgeted for next year.
VOTE:
ALL VOTED AYE
12. MOTION TO ADOPT Temp. Reso. #5537 awarding Bid #89-50 to
Allied fTme Company in the estimated amount of $122,040.00 to
supply the City's annual requirements of bulk quicklime for
the water treatment plant.
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SYNOPSIS OF ACTION:
APPROVED.
RESOLUTION NO. R-89-234 - PASSED
City Attorney Doody read Temp. Reso. #5537 by title.
* V/M Bender MOVED to APPROVE Temp. Reso. #5537, SECONDED by
* C/M Rohr.
Mayor Abramowitz asked if this was a competitive cost and
Bob Foy, Director of Utilities/Engineering, said bidding
took place on this item and there were three bids
received; however, the lowest bid could not be accepted
because a signature was not provided.
Mayor Abramowitz asked if something could be done
regarding this matter and Mr. Foy said the item had to be
approved by October 1, 1989, and the only way to handle
the matter was to rebid the project.
VOTE:
Community Development
ALL VOTED AYE
19. MOTION TO ADOPT Temp. Ord. #1436 on first reading to amend
Section 28-182 under Art cle XX of Chapter 28 of the Code,
LI-1, Light Industrial District, to delete all B-3 uses and
to allow utilities, community facilities; to amend Section
28-185 for plots of five (5) acres or less; and creating
Section 28-188 for yard setbacks, plot coverage, open space
requirement, building height and hours of operation (tabled
on 6/14/89).
SYNOPSIS OF ACTION:
TABLED.
City Attorney Doody read Temp. Ord. #1436 by title. .
* V/M Sender MOVED to APPROVE Temp. Ord. #1436 on first reading,
* SECONDED by C/M Hoffman.
Kelly Carpenter -Craft, City Planner, said this Ordinance
would set forth standards for industrial lots of 5 acres
or less in size. She said it would also set standards
for landscaping, buffering and setbacks. She said it
would delete the B-3 uses as they were not allowed under
the County Land Use Plan and limit certain utility uses.
She said the Planning Commission recommended approval at
their August 16, 1989 meeting.
Mayor Abramowitz said the City was amending this
Ordinance because properties of this size were
handicapped. He said the City was trying to place a
legal and practical law in place for these properties.
Mrs. Carpenter -Craft said the Ordinance was occasioned
because an applicant pointed out that the Code did not
provide adequate standards for small industrial parcels.
She said the Ordinance was amended to provide standards
for 5 acre or smaller lots.
C/M Hoffman asked what type of public utilities would be
allowed and Mrs. Carpenter -Craft said public utilities
with an electric line under 230KV could run in an
industrial district.
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Mrs. Carpenter -Craft said an office would be allowed that
would service their utilities, such as the telephone
company. She said the obnoxious uses were limited so
that those uses would be in the utilities designation.
C/M Hoffman asked if 230KV lines could be eliminated from
the Ordinance and Mrs. Carpenter -Craft replied, yes;
however, there may be a problem because there were these
types of lines on Commercial Boulevard in areas which
would be or were zoned LI-1.
C/M Hoffman asked if the existing lines could be
grandfathered in and prohibited in the future and Mrs.
Carpenter -Craft replied, yes; however, there were several
concerns about a utilities operating as a non --conforming
use.
V/M Bender asked if there was something requiring 230KV
in that area and Mrs. Carpenter -Craft said she was not
suggesting that this was required; however, the line
existed in the area.
V/M Bender said the City should not perpetuate the
matter. He said if there was no need for 230KV in the
area it should not be permitted.
C/M Hoffman said if it was not impossible, he would like
to eliminate any high powered lines in the City. He said
when necessary, a special exception could be brought to
the City Council for a determination as to whether or not
the power was needed.
Mayor Abramowitz said if the ability of anyone coming
into the area with this type of power line could be
eliminated, he would approve it. He asked if this matter
was researched with the City Attorney.
Mrs. Carpenter -Craft said the City Council could change
the Ordinance as they felt; however, this matter was not
discussed with the City Attorney.
Mayor Abramowitz asked if someone would be allowed to
place a 500KV line and City Attorney Doody said 500KV
lines were under the Transmission Line Citing Act and the
State Statute provided for this matter.
Mayor Abramowitz asked if this pertained to 230KV lines
and City Attorney Doody replied, no.
V/M Bender said 230KV was not a voltage normally used
because it was a major feeder line which existed around
the perimeter of the City. He said he could not see
permitting the lines.
C/M Rohr suggested that a Motion be made to eliminate any
future voltage lines above 230KV or lower.
Mayor Abramowitz said he was very uncomfortable with this
matter and he asked Mrs. Carpenter -Craft if there would
be a problem in Tabling this item.
Mrs. Carpenter -Craft said the portion addressing the
public utilities uses pertained to all industrial lands,
not just the 5 acre parcels.
* C/M Hoffman MOVED to TABLE Temp. Ord. #1436, SECONDED by
* C/M Rohr.
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9/13/89-pw
VOTE:
General Administrative
20. MOTION TO ADOPT Temp. Ord. #1447
approve a non-exclusiv-e--franchise
REFUSE for commercial garbage and
ALL VOTED AYE
on first reading to
agreement with ALL SERVICE
trash collection.
SYNOPSIS OF ACTION:
APPROVED o�irst reading as amended
subject to an additioanl bond in the
amount of $600.00 being submitted to
the City Clerk by 5:00 P.M., September
26, 1989.
City Attorney Doody read Temp-• Ord. #1447 by title.
* C/M Hoffman MOVED to APPROVE Temp. Ord. #1447 on first reading,
* SECONDED by V/M Bender.
City Attorney Doody said he reviewed the Franchise
Agreements and Section 4 of all the Agreement stated,
"The rate to be charged shall be a matter of negotiation
between the collector and customer served and shall be
dependent upon the amount of service required by the
customer. In such cases, all rates to be charged shall
be subject to arbitration by the Council or the City in
the event that such negotiation between the customer and
collector failed." He suggested that the last sentence
be eliminated.
The City Council agreed to the elimination and City
Attorney Doody said he would amend the Ordinances for the
second reading.
City Manager Kelly said all of the Franchise Agreements
stated that the City must be furnished with a cash bond
in the amount of $2,500.00 or a sum amounting to three
months franchise fees.
City Manager Kelly said this item concerned All Service
Refuse and their existing franchise was $3,500.00 and the
three month fee was $4,119.00; therefore, an additional
bond was required in the amount of $600.00 before the
second reading. He recommended approval subject to the
City Clerk receiving a $600.00 bond from the company
before 5:00 P.M., September 26, 1989, which was the day
before the second reading of this Ordinance.
* C/M Hoffman AMENDED his Motion to approve Temp. Ord. #1447 including
* the City Attorney's suggested amendment and subject to a
* $600.00 bond being submitted to the City Clerk by 5:00 P.M.,
* September 26, 1989, V/M Bender AMENDED his second.
VOTE: ALL VOTED AYE
21. MOTION TO ADOPT Temp. Ord. #1450 on first reading to
approve a non-exclusive Franck se agreement with INDUSTRIAL
WASTE SERVICES, INC., for commercial garbage and trash
collection.
SYNOPSIS OF ACTION:
APPROVED as amended on first reading
subject to posting an additional bond
in the amount of $1,100.00 being submitted
to the City Clerk by 5:00 P.M., September 26,
1989.
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9/13/89-pw
City Attorney Doody read Temp. Ord. 11450 by title.
City Manager Kelly said Industrial Waste Services, Inc.,
had a fee of $3,250.00 and the three month fee was
$4,370.00, which was an increase of $1,100.00. He said a
bond in this amount was due by 5:00 P.M., September 26,
1989.
* V/M Bender MOVED to APPROVE Tem12Y Ord. #1450 as amended on
* first reading, subject to a $1,100.00 bond being submitted
* to the City Clerk by 5:00 P.M., September 26, 1989, SECONDED
* by C/M Hoffman.
VOTE:
ALL VOTED AYE
** EDITOR'S NOTE: In accordance with the request of 9/13/89,
$1,100.00 will be credited to Industrial Waste
Services, Inc., from the $2,500.00 bond posted
by Ronkoma, Services, Inc., as Ronkoma merged
with Industrial Waste Services, Inc. The balance
of this $2,500.00 bond ($1,400.00) will be
released to Industrial Waste Services, Inc.
Second reading and public hearing will be held on Wednesday,
September 27, 1989, at or after 10:00 A.M.
22. MOTION TO ADOPT Temp. Ord. #1448 on first reading to
approve a non-exclusive franch se agreement with BROWNING
FERRIS INDUSTRIES OF FLORIDA, INC., for commercial garbage
and trash collection.
SYNOPSIS OF ACTION:
APPROVED as amended on first reading
subject to a $500.00 bond being submitted
to the City Clerk by 5:00 P.M., September 26,
1989.
City Attorney Doody read Temp. Ord. #1448 by title.
City Manager Kelly said the fee for Browning Ferris
Industries of Florida, Inc., was $3,000.00 and the three
month fee was $3,515.00. He said a $500.00 bond was
required by 5:00 P.M., September 26, 1989.
* V/M Bender MOVED to APPROVE Temp. Ord. #1449 as amended on
* first reading, SECONDED by C M Hoffman.
VOTE:
ALL VOTED AYE
23. MOTION TO ADOPT Temp. Ord. #1449 on first reading to
approve a non-exclusive franchise agreement with COUNTY
WASTE, INC., for commercial garbage and trash collection.
SYNOPSIS OF ACTION:
APPROVED as amended on first reading.
An additional cash bond in the amount
of $1,100.00 has been posted.
City Attorney Doody read Temp. Ord. #1449 by title.
City Manager Kelly said the fee for County Waste, Inc.,
was $4,150.00 and the three month fee was $5,289.00;
therefore, $1,100.00 was required and has been posted.
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* V/M Bender MOVED to APPROVE Temp. Ord. #1448 as amended on
* first reading subject to a $500.00 bond being submitted by
* 5:00 P.M., September 26, 1989, SECONDED by C/M Hoffman.
VOTE: ALL VOTED AYE
24. MOTION TO ADOPT Temp. Ord. #1455 on first reading to
approve a non-exclusive franchise agreement with LARRY
O'CONNOR SANITATION SERVICE, for commercial garbage and
trash collection.
SYNOPSIS OF ACTION:
APPROVED as amended on first reading.
A $2,500.00 Bond was posted and
would remain in effect.
City Attorney Doody read Temp. Ord. #1455 by title.
City Manager Kelly said Larry O'Connor Sanitation Service
began business last year and had an existing Bond in the
amount of $2,500.00 posted; however, there was no
indication that this company was doing business in the
City. He said there was no three month Fee and the Bond
already posted would sustain the company through the
coming year.
Mayor Abramowitz asked if there were fees being generated
by the Company and City Manager Kelly replied, no.
V/M Bender MOVED to APPROVE Temp. Ord. #1455 as amended on
first reading, SECONDED by C/M Hoffman.
VOTE:
ALL VOTED AYE
25. MOTION TO ADOPT Temp. Ord. #1452 on first reading to
approve a non-exclusive franchise agreement with SOUTHERN
SANITATION SERVICE for commercial garbage and trash collection.
SYNOPSIS OF ACTION:
APPROVED as amended on first reading
subject to an additional $850.00 Bond
being submitted to the City Clerk by
5:00 P.M., September 26, 1989.
City Attorney Doody read Temp. Ord. #1452 by title.
City Manager Kelly said the Fee for Southern Sanitation
Service was $12,700.00 and the three month Fee was
$13,552.00; therefore, a Bond in the amount of $850.00
was required by 5:00 P.M., September 26, 1989.
* V/M Bender MOVED to APPROVE Temp. Ord. #1452 as amended
* on first reading, subject to an $850.00 Bond being submitted
* by 5:00 P.M., September 26, 1989, SECONDED by C/M Hoffman.
VOTE: ALL VOTED AYE
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9/13/89--pw
OPEN PUBLIC FORUM
26. OPEN PUBLIC FORUM
Melanie Reynolds, Resident, suggested that the Police be
advised to park in another location on the evening of the
Budget Public Hearing and City Manager Kelly said the
Police were already advised of this.
Maurice Goldstein, Resident, asked what was occurring
with the Recycling Program and C/M Rohr said he would
discuss this matter during his Report.
REPORTS
27. CITY COUNCIL REPORTS
C/M Rohr said the newspapers were reporting that Tamarac
was not going along with the other four Cities in a Local
Agreement for a Recycling Program. He said at a recent
Northwest Council of Mayors' meeting, there was
discussion regarding the proposals made by Waste
Management, Inc. He said nothing was accepted and
Tamarac expressed their concerns about the conditions of
the proposal. He said everyone was waiting for another
proposal. from Waste Management, Inc.; however, the City
would have to decide in the near future how the Recycling
Program would occur.
C/M Rohr said he was very anxious to begin a Recycling
Program in the City; however, the paper industry dropped
from $35.00 per ton to $10.00 per ton. He said there
would be a better proposal in the future and the five
Cities may consider having their own Program. He said
there was sufficient monies available from a Grant to
purchase approximately 4 trucks. He said there was a
very big industry in aluminum and it could help defray
the cost in paper. He said the City was under no
obligation with time because the County was required to
provide a program for all of the Cities.
City Manager Kelly said the City Managers met this
morning and Waste Management, Inc., was reevaluating the
offer based on an additional $187,000.00 being allocated
to the Cities. He said the cost may not be dropped,
which was $.76 per month; however, it was being
considered to use the monies for additional trucks. He
said there was reluctance in Tamarac to accept this and
the other Cities would be making their decisions this
month. He said everyone that would be part of the
Program had to be committed to the Agreement by the end
of September, 1989.
City Manager Kelly said the City Council may be asked to
make their decision at the next City Council meeting. He
said all of the Agreements would have to be completed and
approved no later than December 1, 1989, or the Grants
would not be provided.
C/M Hoffman - No Report.
V/M Bender - No Report.
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1
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Mayor Abramowitz - No Report.
28. CITY MANAGER REPORT
City Manager Kelly said there were two Attorneys representing
Florida Power & Light in the audience tonight; however,
they left the meeting after Item 19 was Tabled.
29. CITY ATTORNEY REPORT -- No Report.
With no further business, Mayor Abramowitz ADJOURNED this
meeting at 9:30 P.M.
-CA A. EVAN , CITY CLERK
16,4,WLV�-,
C &141
NO
AN
ABRAMOWITZ,
MAYOR
"This public document was promulgated at a cost of $140.80 or $17.60 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."
Cffy OF TAMARAL
APPROVED AT MEETING OF g
Clerk
Page 25