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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. Page 1 9/13/89-pw 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 Page 3 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) Page 4 9/13/89-pw 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 Page 5 9/13/89-pw 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 1 1 I Page 6 9/13/89-pw 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: Page 7 9/13/89-pw 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 1 Page 8 9/13/89-pw 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) Page 9 9/13/89-pw 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 Page 10 9/13/89-pw 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: Page 11 9/13/89--pw 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 1 1 1 Page 12 9/13/89-pw 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. Page 13 9/13/89-pw 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 Page 14 9/13/89-pw 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 Page 15 9/13/89-pw 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 lIi 1 1 Page 16 9/13/89-pw 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) Page 17 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. 1 1.1 Page 18 9/13/89-pw 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. Page 19 9/13/89-pw 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. Page 20 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. Page 21 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. 1 1 Page 22 9/13/89-pw * 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 Page 23 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. 1 Ll Page 24 9/13/89-pw 1 1 1 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