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Home My WebLink About1989-09-27 - City Commission Regular Meeting MinutesRECORD OF COUNCIL ACTIONS/DISCUSSION CITY OF TAMARAC CITY COUNCIL REGULAR COUNCIL MEETING WEDNESDAY, SEPTEMBER27, 1989 CALL TO ORDER: 9:00 A.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 City Manager Kelly of five-year service awards to DAVID SILVERBLOOM, Fire Department, and MARCIA BERMAN, Public Works Department. FINAL ACTION: PRESENTATION was made to Ray Briant, Fire Chief and Marcia Berman. 2. PRESENTATION by Mayor Abramowitz of a proclamation designating the month of November, 1989, as ALZHEIMER'S AWARENESS MONTH. PRESENTATION was made. 3. PRESENTATION by Mayor Abramowitz of a proclamation designating October 1-7, 1989, as RESPIRATORY CARE WEER. FINAL ACTION: PRESENTATION was made. 4. PRESENTATION by Mayor Abramowitz of a proclamation es gnat ng October 8-14, 1989, as NATIONAL SCHOOL LUNCH WEEK. FINAL ACTION: PRESENTATION was made. Page 1 9 /27 /89 CONSENT AGENDA 5. Items listed under Consent Agenda, Item 5, 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. City Clerk a. _MOTION TO_ ADOPT Temp. Reso. #5557 approving renewal of a waiver to the provisions of the sign ordinance for a temporary ground directional sign for WELLENS FURNITURE COMPANY located west of the entrance driveway at 3801 W. Commercial Boulevard. FINAL ACTION: APPROVED. RESOLUTION NO. R-89-239 PASSED. b. MOTION TO APPROVE renewal of a model sales permit for UNIVERSITY CLUB APARTMENTS, Building D, Units 57 and 70, for a six-month period from 11/11/89 to 5/11/90. FINAL ACTION: APPROVED. CONSIDERATIONS General Administrative 6. MOTION TO APPROVE the transfer of $13,769.00 from General Contingency Account #001-872-588-975 and the transfer of $22,648.00 from Insurance Account #001-705-596-45C to Rentals & Leases Police Professional Account #001-872-519 440 to provide funding for rental of the Public Works property for August and September 1989. FINAL ACTION: APPROVED. 7. a. MOTION TO APPROVE Change Order #9 to the contract with Southern Atlantic Associates, Inc., for the Municipal Complex/Police Facility decreasing the contract by $1,320.39 to a new total of $1,974,958.00; this change order reflects a credit for utility bills. b. MOTION TO APPROVE partial release of retainage in the amount of $151,307.00 to Southern Atlantic Associates, Inc., for work performed on the Municipal Complex/Police Facility. FINAL ACTION: APPROVED 7.a. and 7.b. RESOLUTIONS Community Development 8. MOTION TO ADOPT Tem Reso. #5531 approving a site plan and associated documents for LaCOSTA SHOPPES to be located on the east side of University Drive, between NW 64 Street and McNab Road. FINAL ACTION: RESOLUTION NO. R-89--240 PASSED. APPROVED. Page 2 9 /27 /89 9. MOTION TO ADOPT Temp. Reso. #5558 transferring a special exception use for a restaurant (deli) from Vincent Yoda d/b/a Checkers Chicken, Inc., to Alvaro Peynado d/b/a A1's Chicken at 7178 N. University Drive in Shephard Plaza. FINAL ACTION: APPROVED. RESOLUTION NO. R-89-241 PASSED. 10. MOTION TO ADOPT Tem . Reso. #5539 approving a revised site plan and associated documents for DEVON reflecting a reduction of eight (8) units, new two-story buildings and a revision to the parking circulation. (Located on the east side of NW 110 Terrace, north of NW 71 Place) FINAL ACTION: RESOLUTION NO. R-89-242 PASSED. APPROVED. *11. a. MOTION TO ADOPT Temp. Reso. #4997 approving a Public Safety Ingress Egress Easement for VISUAL GRAPHICS CORPORATION PARR. b. MOTION TO ADOPT Temp. Reso. #5559 approving a development order and associated documents for VISUAL GRAPHICS CORPORATION PARR replat. C. MOTION TO ADOPT Temp. Reso. #5540 approving a replat of VISUAL GRAPHICS CORPORATION PARR. (located at the northwest corner of Commercial Boulevard and NW 94 Avenue) FINAL ACTION: APPROVED ll.a. RESOLUTION NO. R-89-252 PASSED. RESOLUTION NO. R-89-253 PASSED. APPROVED ll.b. subject to the City receiving a Water Retention Agreement, a letter of credit in the approximate amount of $66,000.00, and drainage improvement fees in the approximate amount of $4,000.00 by Friday, September 29,1989. RESOLUTION NO. R-89-253 PASSED. APPROVED ll.c. subject to receiving all documents and fees approved in Resolution R-89-253. 12. a. MOTION To ADOPT Temp. Reso._#5563 accepting Deed Restrictions concerning restricting gas stations from being built on a 4-acre site identified as Visual Graphics Corporation Park. b. MOTION TO ADOPT Temqp.__ Reso. #5564 accepting an Affidavit stating that -a lease for the truck rental company on the Visual Graphics parcel at the north end of the property will not be renewed. (located at the intersection of Commercial Boulevard and NW 94 Avenue) FINAL ACTION: APPROVED 12.a. RESOLUTION NO. R-89-255 PASSED. APPROVED 12.b. RESOLUTION NO. R-89-256 PASSED. 13. MOTION TO ADOPT Tem . Reso. #5549 amending the Comprehensive Planning public participation process as requested by the Florida Department of Community Affairs by amending prior Resolution R-88-197 to provide that the City Planner is required to respond in writing to all letters received from the public concerning the Comprehensive Plan and provide copies of such responses in the adoption packets provided to the local planning agency and the City Council. FINAL ACTION: RESOLUTION NO. R-89-257 PASSED. Page 3 9/27/89 14. MOTION TO ADOPT Temp. Reso. #5541 awarding Bid #89-46 in the amount of 26,473.65 to Marandola Construction, Inc., to construct Veterans Park Sewer Main Extension, TUW Project 88 66; and APPROVAL to transfer $27,000.00 from TUW Special Supplies/Services Account #425-363-533-306 to TUW Sewer Service -Veterans Park Account #425-367-535-6PX to fund this project. FINAL ACTION: RESOLUTION NO. R-89-243 PASSED. 15. MOTION TO ADOPT Temp. Reso. #5553 calling a warranty bond in the amount of 81,233.00 posted for public improvements at SPRING HOUSE as all requirements for release have not been fulfilled. FINAL ACTION: TABLED. General Administrative 16. MOTION TO ADOPT Temp. Reso. #5538 revising the rate for garbage collection and disposal fees for single family from $7.95 to $9.51 per month and for condominium units from $3.88 to $4.69 per month effective 10/l/89. FINAL ACTION: RESOLUTION NO. R-89-244 PASSED. APPROVED. 17. MOTION TO ADOPT Temp.Reso. #5562 authorizing the appropriate City officials to execute an amendment to an agreement with Medics Ambulance Service pertaining to ambulance services within the City. FINAL ACTION: RESOLUTION NO. R-89-245 PASSED. APPROVED. ORDINANCES Community Development 18. 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; 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 9/13/89). FINAL ACTION: APPROVED on first reading. Second reading and public. hearing will be held at a Regular City Council meeting on Wednesday, October 11, 1989 at or after 7:30 p.m. 19. MOTION TO ADOPT Temp. Ord. #1445 on first reading to amend Chapter 28-25 d of the Code revising the requirements for advertising public hearings before a Planning Commission Meeting and to amend Chapter 28-25(f) of the Code revising the requirements for advertising public hearings before a City Council meeting. FINAL ACTION: APPROVED on first reading. Second reading and public hearing will be held at a Regular City Council meeting on Wednesday, October 11, 1989 at or after 7:30 p.m. Page 4 9 /27 /89 PUBLIC HEARINGS - 10:00 A.M. RESOLUTIONS 1 1 General Administrative 20. PUBLIC HEARING - MOTION TO ADOPT Temp. Reso. #5548 adopting a Five -Year Capital Improvement Plan for Fiscal Years 1989/90 through 1993/94. FINAL ACTION: RESOLUTION NO. R-89-246 PASSED. Public Hearing was held. APPROVED. Community Development 21. PUBLIC HEARING - MOTION TO ADOPT Temp. Reso. #5543 concerning a request by ALFRED L. COHEN d b a CAFE CONTINENTAL for a special exception to permit expansion of Cafe Continental (currently at 3150 W. Commercial Boulevard) into the adjacent Bay 18 at 3146 W. Commercial Boulevard in 3 LAKES PLAZA, which is zoned B-2 (Planned Business). Petition #23-Z-89 FINAL ACTION: RESOLUTION NO. R-89-247 PASSED. Public Hearing was held. APPROVED. 22. PUBLIC HEARING — MOTION TO ADOPT Temp. Reso. #5544 concerning a request by ALFRED L. COHEN d a CAFE CONTINENTAL to allow on -premises consumption of alcoholic beverages at Cafe Continental (as it presently exists and as may be expanded) in 3 LAKES PLAZA at 3150 W. Commercial Boulevard, which is zoned B-2 (Planned Business), Petition #24-Z-89 FINAL ACTION: RESOLUTION NO. R-89-248 PASSED. Public Hearing was held. APPROVED. 23. PUBLIC HEARING - MOTION TO ADOPT Tem2. Reso. #5561 concerning a request by THE PALMS INTERNATIONAL MARKET for a special exception to permit the operation of a delicatessen in COMMERCIAL PLAZA SHOPPING CENTER at 5355 5357 N. State Road 7, which is zoned B-2 (Planned Business). Petition #25-Z-89 FINAL ACTION: TABLED to the Regular City Council Meeting of October 10, 1989 at or after 7:30 p.m. 24. PUBLIC HEARING - MOTION TO ADOPT Tem Reso. #5545 concerning a request by SUNSHINE DINER, INC., for a special exception to allow the operation of a sit-down restaurant serving breakfast, lunch and dinner at 4273 W. Commercial Boulevard in SUNSHINE PLAZA, which is zoned B-2 (Planned Business). Petition #26-Z-89 FINAL ACTION: RESOLUTION NO. R-89-249 PASSED. Public Hearing was held. APPROVED. 25. PUBLIC HEARING - MOTION TO ADOPT Temp_. Reso. #5546 concerning a request by SPA LADY OF SOUTH FLORIDA, INC., for a special exception to allow the operation of a health club in Sheppard Plaza at 7142 N. University Drive, which is zoned B-2 (Planned Business). Petition #27-Z-89 FINAL ACTION: RESOLUTION NO. R-89-250 PASSED. Public Hearing was held. APPROVED. Page 5 9 /27 /89 26. PUBLIC HEARING - MOTION TO ADOPT Temp. Reso. #5547 concerning a request by DELI TYME RESTAURANT for a special exception to allow DELI TYME RESTAURANT to expand 8-feet into the adjacent store, increasing the size of the existing restaurant by 560 square feet; the restaurant is located in Sheppards Plaza at 7130 N. University Drive and is zoned B-2 (Planned Business). Petition #28-Z-89 FINAL ACTION: RESOLUTION NO. R-89-251 PASSED. Public Hearing was held. APPROVED. ORDINANCES Community Development 27. a. MOT1ON TO ACCEPT Affidavits of Publication and Posting for Tem . Ord. 1438. Petition #15-Z-89 b. PUBLIC HEARING - MOTION TO ADOPT Temp. Ord. #1438 on second 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: ORDINANCE NO. 0-89-22 PASSED. 27.a. ACCEPTED Affidavits. 27.b. Public Hearing was held. APPROVED on second reading. 28. a. MOTION TO ACCEPT Affidavits of Publication and Posting for Temp. Ord. 1453. Petition #14-Z-89 b. PUBLIC HEARING - MOTION TO ADOPT Temp. Ord. #1453 on second 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 FINAL ACTION: ORDINANCE NO. 0-89-23 PASSED. 28.a. ACCEPTED Affidavits. 28.b. Public Hearing was held. APPROVED on second reading. 29. a. MOTION TO ACCEPT Affidavits of Publication and Posting for Temp. Ord. 1454. Petition #22-Z-89 b. PUBLIC HEARING - MOTION TO ADOPT Temp. Ord. #1454 on second 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: ORDINANCE NO. 0-89-24 PASSED. 29.a. ACCEPTED Affidavits. 29.b. Public Hearing was held. APPROVED on second reading. General Administrative 30. PUBLIC HEARING - MOTION TO ADOPT Temp. Ord. #1447 on second reading to approve a non-exclusive franchise agreement with ALL SERVICE REFUSE for commercial garbage and trash collection. FINAL ACTION: ORDINANCE NO. 0-89-25 PASSED. Public Hearing was held. APPROVED on second reading. Page 6 9 /27 /89 ,1111� M— 31. PUBLIC HEARING - MOTION TO ADOPT Temp. Ord. #1450 on second reading to -approve a non-exclusive franchise agreement with INDUSTRIAL WASTE SERVICES, INC., for commercial garbage and trash collection. FINAL ACTION: ORDINANCE NO. 0-89-26 PASSED. Public Hearing was held. APPROVED on second reading. 32. PUBLIC HEARING -- MOTION TO ADOPT Temp. Ord. #1448 on second reading to approve a non-exclusive franchise agreement with BROWNING FERRIS INDUSTRIES OF FLORIDA, INC., for commercial garbage and trash collection. FINAL ACTION: ORDINANCE NO. 0-89-27 PASSED. Public Hearing was held. APPROVED on second reading. 33. PUBLIC HEARING - MOTION TO ADOPT Temp. Ord. #1449 on second reading to approve a non-exclusive franchise agreement with COUNTY WASTE, INC., for commercial garbage and trash collection. FINAL ACTION: ORDINANCE NO. 0-89-28 PASSED. Public Hearing was held. APPROVED on second reading. 34. PUBLIC HEARING - MOTION TO ADOPT Temp. Ord. #1455 on second reading to approve a non-exclusive franchise agreement with LARRY O'CONNOR SANITATION SERVICE for commercial garbage and trash collection. FINAL ACTION: ORDINANCE NO. 0-89-29 PASSED. Public Hearing was held. APPROVED on second reading. 35. PUBLIC HEARING - MOTION TO ADOPT Temp. Ord. #1452 on second reading to approve a non-exclusive franchise agreement with SOUTHERN SANITATION SERVICE for commercial garbage and trash collection. FINAL ACTION: ORDINANCE APPROVED on second reading subject additional cash bond in the amount September 29, 1989. ORDINANCES Communitv Develonment NO. 0-89-30 PASSED. to payment of an of $850.00 by 5 :00 p.m., 36. PUBLIC HEARING -- MOTION TO ADOPT Temp. Ord. #1443 on second reading to amend Chapter 21 of the Code to provide for regulation of all signs within the City. FINAL ACTION: TABLED to Regular City Council meeting of Tuesday, October 10, 1989 at or after 7:30 p.m. 37. PUBLIC HEARING - MOTION TO ADOPT Tem Ord. #1444 on first reading to amend Section 28-171 of the Code pertaining to distance requirements for delicatessens and restaurants in special exception requirements. FINAL ACTION: APPROVED on first reading. Second reading and public hearing will be held at a Regular City Council meeting on Tuesday, October 10, 1989 at or after 7:30 p.m. Page 7 9 /27 /89 OPEN PUBLIC FORUM 38. 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. REPORTS 39. City Council 40. City Manager 41. 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 Residential and Commercial Zoning Districts A-1 - Limited Agricultural B-1 -Neighborhood Business B-2 - Planned Community Business B-3 - General Business B-5 - Limited Business District B-6 - Business District I-1 - Institutional LI-1- Light Industrial R-1 - Single Family Residence R-1B & R-lC- One Family Dwelling R-2 -Two Family Dwelling R--3 - Low Density Multiple R-3U - Row House R-4A - Planned Apartment R-5 - Motel/Hotel RD-7 - Two Family Dwelling RM-5 - Residential Multi -Family RM-10- Planned Apartment S-1 -- Open Space/Recreational T-1 -Trailer Park 1 1 1 Page 8 9 /27 /89 CITY OF TAMARAC CITY COUNCIL REGULAR MEETING WEDNESDAY, SEPTEMBER 27, 1989 CALL TO ORDER: Mayor Abramowitz called this meeting to Order on Wednesday, September 27, 1989 at 9:00 A.M. in the Council Chambers. MEDITATION AND PLEDGE OF ALLEGIANCE: Mayor Abramowitz called for the Pledge of Allegian e�fsllowed by a Moment of Silent Meditation. ARrg7MT - 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 Mayor Abramowitz announced that the City Council would be holding their next Regular meeting on Tuesday, October 10, 1989 at 7:00 P.M. He said the City Council would be out of town due to a Broward League of Cities Conference on Wednesday, October 11, 1989. City Manager Kelly announced that the Public Hearings were advertised and scheduled for Wednesday, October 11, 1989; therefore, the City Council may want to consider a Special meeting for these items. INTRODUCTION 1. PRESENTATION by City Manager Kelly of five-year service awards to DAVID SILVERBLOOM, Fire Department, and MARCIA BERMAN, Public Works Department. SYNOPSIS OF ACTION: PRESENTED to Marcia Berman. Fire Chief Ray Briant accepted the award for David Silverbloom. City Manager Kelly presented a five-year service award for David Silverbloom, Fire Department, which was accepted by Fire Chief Ray Briant in the absence of David Silverbloom. City Manager Kelly presented a five-year service award to Marcia Berman, Public Works Department. 2. PRESENTATION by Mayor Abramowitz of a proclamation designating the month of November, 1989, as ALZHEIMER'S AWARENESS WEEK. Page 1 ;,OR 9/27/89 SYNOPSIS OF ACTION: PRESENTED to Shelly Raeback, President of Family Health Care Center. Mayor Abramowitz read the Proclamation and presented it to Shelly Raeback, President of the Family Health Care Center. Ms. Raeback thanked the City on behalf of the families and patients of the Alzheimer's Center. 3. PRESENTATION by Mayor Abramowitz of a proclamation designating October 1-7, 1989, as RESPIRATORY CARE WEEK. SYNOPSIS OF ACTION: PRESENTED to Maryanne Unovick, Representative of HCA University Hospital. Mayor Abramowitz read and presented the Proclamation to Maryanne Unovick, Representative of HCA University Hospital. Ms. Unovick thanked the City on the behalf of all of the respiratory patients at HCA University Hospital. 4. PRESENTATION by Mayor Abramowitz of a proclamation designating October 8-14, 1989, as NATIONAL SCHOOL LUNCH WEEK. SYNOPSIS OF ACTION: PRESENTED to Debra Wiggins, Representative of the Broward County Schools. Mayor Abramowitz read and presented a Proclamation to Debra Wiggins, Representative of the Broward County schools. Ms. Wiggins thanked the City for the Proclamation on behalf of the Broward County Schools. CONSENT AGENDA - ITEM 5 a. and b. City Clerk 5. a. MOTION TO ADOPT Temp. Reso. #5557 approving renewal of a waiver to the provisions of the sign ordinance for a temporary ground directional sign for WELLENS FURNITURE COMPANY located west of the entrance driveway at 3801 W. Commercial Boulevard. SYNOPSIS OF ACTION: APPROVED. RESOLUTION NO. R-89-239 - PASSED b. MOTION TO APPROVE renewal of a model sales permit for UNIVERSITY CLUB APARTMENTS, Building D, Units 57 and 70, for a six-month period from 11/11/89 to 5/11/90. SYNOPSIS OF ACTION: APPROVED. * V/M Bender MOVED to APPROVE the Consent Agenda Item 5 * a. and b., SECONDED by C/M Hoffman. VOTE: ALL VOTED AYE 1 1 1 Page 2 9/27/89 CONSIDERATIONS General Administrative 6. MOTION TO APPROVE the transfer of $13,769.00 from General Contingency Account #001-872-588--975 and the transfer of $22,648.00 from Insurance Account #001-705-596-45C to Rentals & Leases Police Professional Account #001-872-519- 440 to provide funding for rental of the Public Works property for August and September, 1989. SYNOPSIS OF ACTION: APPROVED. * C/M Rohr MOVED to APPROVE this Item, SECONDED by V/M Bender. City Manager Kelly said this Item was for the rental of the Public Works property, which was sold to Jeffrey Berkowitz. He said the City was renting this property until the Public Works Department was relocated and there were funds budgeted for Fiscal Year 1989/90; however, funds were not budgeted in Fiscal Year 1988/89. He said approval was needed to provide this money for the rental before October 1, 1989. VOTE: ALL VOTED AYE 7. a. MOTION TO APPROVE Change Order #9 to the contract witfi Southern Atlantic Associates, Inc., for the Municipal Complex/Police Facility decreasing the contract by $1,320.39 to a new total of $1,974,958.00; this change order reflects a credit for utility bills. b. MOTION TO APPROVE partial release of retainage in the amount of $151,307.00 to Southern Atlantic Associates, Inc., for work performed on the Municipal Complex/Police Facility. SYNOPSIS OF ACTION: APPROVED a. and b. * a. V/M Bender MOVED to APPROVE this Item, SECONDED by C/M Rohr. City Manager Kelly said this Item was a decrease for the Water and Sewer cost of the Tamarac Utilities and Florida Power & Light charges. He recommended approval. VOTE: ALL VOTED AYE * b. C/M Hoffman MOVED to APPROVE this Item, SECONDED by V/M Bender. City Manager Kelly said Keith Emery, President of Construction Management, Inc., would have been here to present this Item; however, his father passed away and Mr. Emery was at the funeral this morning. City Manager Kelly said this matter was reviewed with the Building Department and the Item was for a partial retainage in the amount of $151,307.00. He said the Building Department issued a partial Certificate of Occupancy and the final was expected shortly. He recommended approval of this Item. Mayor Abramowitz asked if staff was comfortable with the retainage and City Manager Kelly replied, yes. Page 3 9/27/89 Mayor Abramowitz asked if the liens were provided by the sub -contractors and City Attorney Doody replied, yes. Mayor Abramowitz asked that a Notice of Commencement be submitted to avoid any possible problems in the future. VOTE: ALL VOTED AYE RESOLUTIONS Community Development 8. MOTION TO ADOPT Temp. Reso. #5531 approving a site plan and associateddooc-uments for LACOSTA SHOPPES to be located on the east side of University Drive, between NW 64 Street and McNab Road. SYNOPSIS OF ACTION: RESOLUTION NO. R--89-240 -- PASSED APPROVED. City Attorney Doody read Temp. Reso. #5531 by title. * V/M Bender MOVED to APPROVE Temp. Reso. #5531, SECONDED by * C/M Hoffman. Mrs. Carpenter -Craft said the Tamarac Land Use Plan designated this land as commercial and the parcel was zoned B-1. She said the Plan was reviewed several times and the applicant complied with all of the attached staff comments. She said the land use and zoning on the surrounding properties are: North B-6 Commercial South B-6 Commercial East B-6 Commercial West R-4A Residential Mrs. Carpenter -Craft said the Community Development Department recommended approval of this Item and the Planning Commission recommended approval of the final site plan at their August 16, 1989 meeting. VOTE: ALL VOTED AYE 9. MOTION TO ADOPT Temp. Reso. #5558 transferring a special exception use for a restaurant (deli) from Vincent Yoda d/b/a Checkers Chicken, Inc., to Alvaro Peynado d/b/a Al's Chicken at 7178 N. University Drive in Shephard Plaza. SYNOPSIS OF ACTION: RESOLUTION NO. R-89-241 - PASSED APPROVED. City Attorney Doody read Temp. Reso. #5558 by title. * V/M Bender MOVED to APPROVE Temp. Reso. #5558, SECONDED by * C/M Hoffman. Kelly Carpenter -Craft, City Planner, said this special exception was a transfer from one owner to another and she recommended approval. VOTE: ALL VOTED AYE 10. MOTION TO ADOPT Temp. Reso. #5539 approving a revised site plan and ass c ated documents for DEVON reflecting a reduction of eight (8) units, new two-story buildings and a revision to the parking circulation. (located on the east side of NW 110 Terrace, north of NW 71 Place) Page 4 O 9/27/89 1 SYNOPSIS OF ACTION: RESOLUTION NO. R-89-242 - PASSED APPROVED. City Attorney Doody read Temp. Reso. #5539 by title. * V/M Bender MOVED to APPROVE Temp. Reso. #5539, SECONDED by * C/14 Rohr. Kelly Carpenter -Craft, City Planner, said the Land Use Plan designated this property as R-3U (Medium Density Residential). She said this was an amendment to change the building orientation and landscaping of the property. She said the applicant supplied all of the appropriate information to the Staff Review Committee. She said the land use and zoning on the surrounding properties are: North Medium Density Residential South Medium Density Residential East Medium Density Residential West Sawgrass Expressway Mrs. Carpenter -Craft said the Planning Commission recommended approval of this Item at their September 20, 1989 meeting and she recommended approval. Joseph Schreiber, Resident, asked what the amendment was on this Item and Mrs. Carpenter -Craft said one of buildings would be changed to a "U" shape, which caused the reduction in the number of units and decreased the parking requirement for the building. Mrs. Carpenter -Craft said she would submit the plan to Mr. Schreiber for review. Mayor Abramowitz asked if the applicant was building 8 units less than they were permitted to build and Mrs. Carpenter -Craft replied, yes. Mayor Abramowitz asked if the change would affect the beautification of the landscaping and Mrs. Carpenter -Craft said everything met or exceeded the requirements. C/M Hoffman asked why the applicant was reducing the units and Mrs. Carpenter -Craft said she understood this to be a new building design. She said the applicant concluded that the proposed design was slightly better than what was originally designed. Marty Riefs, Representative of Lennar Homes, Inc., said there was a new design for a new two --story building to add an elevator. He said the building was positioned differently to provide for parking; therefore, 8 units had to be reduced. VOTE: ALL VOTED AYE Mayor Abramowitz announced that Items 11 and 12 would be heard after the Public Hearings., 13. MOTION TO ADOPT Temp. Reso. #5549 amending the Comprehensive P anning public particip iatiat on process as requested by the Florida Department of Community Affairs by amending prior Resolution R-88-197 to provide that the City Planner is required to respond in writing to all letters received from the public concerning the Comprehensive Plan and provide copies of such responses in the adoption packets provided to the local planning agency and the City Council. Pag e 5 9/27/89 SYNOPSIS OF ACTION: RESOLUTION NO. R--89-257 - PASSED APPROVED. City Attorney Doody read Temp. Reso. 05549 by title. * C/M Rohr MOVED to APPROVE Temp. Reso. #5549, SECONDED by * V/M Bender. Kelly Carpenter -Craft, City Planner, said this amendment pertained to the public participation Resolution. She said the State requested this amendment because they identified a lack in the Resolution of a requirement for the City to respond to public comment. She recommended approval of this amendment. Melanie Reynolds, Resident, said she was disappointed that the Public was not being informed that they could participate in the Comprehensive Plan Process. She said Rule 9J5 indicated that Public participation should be requested; however, the Public was not notified that they could participate. She said the residents should have a voice in how the City was being developed. VOTE: Engineering/Utilities ALL VOTED AYE 14, MOTION TO ADOPT Temp. Reso. #5541 awarding Bid #89-46 in the amount of $26,473.65 to Marandola Construction, Inc., to construct Veterans Park Sewer Main Extension, TUW Project 88-66; and APPROVAL to transfer $27,000.00 from TUW Special Supplies/ServicesA Account #425-363--533-306 to TUW Sewer Service - Veterans Park Account #425--367--535-6PX to fund this project. SYNOPSIS OF ACTION: RESOLUTION NO. R-89-243 - PASSED APPROVED. City Attorney Doody read Temp. Reso. #5541 by title. * V/M Bender MOVED to APPROVE Temp. Reso. #5541, SECONDED by * C/M Hoffman. Mayor Abramowitz asked if this Item pertained to Veterans Park and Bob Foy, Director of Utilities/Engineering, replied, yes. Mayor Abramowitz informed Vickie Beech, Resident, that the Grant for this project was lobbied by Mitchell Ceasar, City Grantsman. He said the amount of the Grant was $30,000.00. Mr. Foy said this project was advertised and sealed bids were received. He said the project was necessary to provide sanitary sewer service for the restrooms in Veterans Park. He recommended approval. City Manager Kelly said there were 6 bids that ranged up to $48,000.00. VOTE: ALL VOTED AYE 15. MOTION TO ADOPT Temp. Reso. #5553 calling warranty bond in the amount of $81,233.00 posted for public improvements at SPRING HOUSE as all requirements for release have not been fulfilled. Page 6 1 1 9/27/89 SYNOPSIS OF ACTION: TABLED at the City Attorney's request. City Attorney Doody read Temp. Reso. #5553 by title. City Attorney Doody suggested that this item be tabled because the Surety Bond for this project was scheduled to expire tomorrow. He said the final television of the sewer line has not been done; however, the developer was getting the Surety Company to extend the Bond until November, 1989, which would allow final inspection and approval of the project. Mayor Abramowitz asked if the financial position of Oxford Development would affect this matter and City Attorney Doody said the Surety Company would be extending the Bond. City Attorney Doody said a television inspection was needed of the lines. C/M Rohr asked when the final inspection would be made and Bob Foy, Director of Utilities/Engineering, said the project was inspected and approved; however, the television inspection of the sanitary sewer was needed. He said the developer must provide this inspection for approval; therefore, when this was done, inspection could be made by the City. Mayor Abramowitz asked if the City was protected and City Attorney Doody said the City was protected by the Surety Bond until November 1, 1989. * V/M Bender MOVED to TABLE Temp. Reso. #5553, SECONDED by * C/M Hoffman. VOTE: ALL VOTED AYE General Administrative 16. MOTION TO ADOPT Temp. Reso. #5538 revising the rate for garbage collection and d s� posal fees for single family from $7.95 to $9.51 per month and for condominium units from $3.88 to $4.69 per month effective 10/1/89. SYNOPSIS OF ACTION: RESOLUTION NO. R-89--244 - PASSED APPROVED. City Attorney Doody read Temp. Reso. #5538 by title. * V/M Bender MOVED to APPROVE Temp. Reso. #5538, SECONDED by * C/M Hoffman. City Manager Kelly said the City had an existing contract with Waste Management, Inc., and each year an increase would be provided to them through their fees, which was based on the CPI and tipping fees. He said the tipping fee in the past year was $34.00 per ton; however, there would be an increase on October 1, 1989 to $40.00 per ton. He said the single family homes would pay $9.51 per month and the condominiums would pay $4.69. City Manager Kelly said the surrounding Cities had higher costs, such as $9.87 in the City of Coconut Creek, $10.50 in the City of Dania, $10.85 in the City of Oakland Park, $9.64 in the City of Coral Springs, $9.63 in the City of North Lauderdale and $9.55 in the City of Margate. He said the Cities of Dania and Margate were anticipating higher rates this year. He said Tamarac was among the Fag e 7 9/27/89 lowest in the County; however, he was more concerned about the garbage rates as opposed to the water and sewer rates because the tipping fees within the next few years would continue to increase dramatically. Mayor Abramowitz said there was a nationwide article recently written indicating that the State was drowning in garbage. He said the company that owned the only dump in the County was Waste Management, Inc. He said the fees of the surrounding Cities were reviewed and Tamarac had one of the lowest fees. Anthony Grimaldi, Resident, said Tamarac should be the lowest in fees because there were fewer people in the City during the months of May through October. He said the City has not surveyed to see how much was used to unload a dumpster and the City should be receiving credit for these months. City Manager Kelly said Waste Management, Inc., would be sending out trucks to collect the garbage in the areas regardless of how much was accumulated. He said the City considered having a bag system in the past where Waste Management, Inc., would collect only the bags left at curbside. He said there were problems with this program because the bags would be purchased from Grocery Markets such as Publix or Winn Dixie. He said the customers would only be charged for the amount of bags they used. He said this program could be efficient; however, a lot of people in Tamarac did not want to use this system. Mr. Grimaldi suggested that the City survey the amount of garbage being picked up by Waste Management, Inc., to see if the appropriate amounts were being charged since there were residents out of State during the months of May through October. C/M Hoffman suggested that the City Council consider Mr. Grimaldi's suggestion. kM6110OF ALL VOTED AYE 17. MOTION TO ADOPT Temp. Reso. #5562 authorizing the appropriate City officials to execute an amendment to an agreement with Medics Ambulance Service pertaining to ambulance services with the City. SYNOPSIS OF ACTION: APPROVED. RESOLUTION NO. R-89-245 - PASSED City Attorney Doody read Temp. Reso. #5562 by title. City Manager Kelly said this Item was for a renewal of the existing contract with Medics Ambulance Service. He said over the first three years, the cost increased to $105,000.00 and, because of the City's budget constraints, Medics Ambulance Company was advised that negotiation had to take place for the services provided this year. City Manager Kelly said the City Council and Medics Ambulance recently held a meeting and the terms of the agreement would provide a decrease of $5,000.00 this year and the second year of the contract rate would be limited 1 1 Page 8 9/27/89 TAPE 2 17 L-J to the amount that Broward County would provide to the Company. He said the City would not exceed a 7% increase next year. City Manager Kelly said Medics Ambulance wanted to eliminate the guest transports and the City agreed not to eliminate the transport of house guests in Tamarac. He said house guests were considered guests outside of Broward County. He said a second transport of residents from one hospital to another would increase by $20.00. C/M Hoffman said the second transport or house guest transport was never in the original contract; however, it was agreed verbally. He said this contract would contain these provisions. He said Medics Ambulance wanted to eliminate transporting guests; however, this was negotiated and guests would be transported provided the guests did not reside in Broward County. He said Medics Ambulance agreed to transport a resident from one hospital to another, if needed, at a fee of $120.00. He said the normal cost of the second carry was approximately $200.00. Joseph Schreiber, Resident, asked if guests from the surrounding Cities would be refused service and Mayor Abramowitz said the guests would receive service as mandated by law; however, they would not be transported under the provisions of Tamarac's contract with Medics Ambulance. Mr. Schreiber said the previous contract provided that Medics Ambulance had to provide 50% of the funds over $140,000.00 to the City. He said the Fire Chief was responsible for verifying these funds and Mayor Abramowitz said the County verified the funds and the Fire Chief reviewed the information before submitting it to the City Manager. Mr. Schreiber said the City had approximately 2,500 ambulance calls per year. He recommended the City have an accountant or auditor to examine the books of Medics Ambulance to see if the City was receiving the appropriate count. C/M Hoffman said the County monitored every 911 call to Medics Ambulance. He said the County paid the ambulance company a flat fee of $10.00 for every 911 call and these calls did not always require an ambulance carry. He said the paramedics answered the 911 calls and decided whether or not an ambulance was needed. He said the ambulance company collected funds from the insurance companies or Medicare if it was available. He said there were several residents in the City that were neither on Medicare or had insurance. He said the ambulance company did not collect on every call made. Mr. Schreiber said he went to the Fire Department and reviewed the records from Medics Ambulance service. He said he found that in approximately 2 months there were about 200 pickups. Mayor Abramowitz asked if Mr. Schreiber reviewed the 12 month period and Mr. Schreiber replied, no. C/M Hoffman asked Fire Chief Ray Briant how many calls were received per year. Page 9 9/27/89 Fire Chief Briant said last year Medics Ambulance collected approximately $103,000.00. He said when a 911 call was made, an emergency ambulance and paramedic unit responded. He said the County subsidized these responses with $10.00 per call to insure a prompt response. He said there was a penalty clause for delays, which cost $100.00 per call. Mayor Abramowitz asked Chief Briant to submit the figures of the calls in the last 4 to 5 years to the City Council. He said this information would allow the City to provide the appropriate information to the residents. Chief Briant said he received monthly reports from the County on the 911 calls and there were several calls from Tamarac for patients that were not residents. He said the City could not claim these transports. He said there was a right of privacy provision, which meant that the names of the patients could not be provided. He said this information was in his office and he would be glad to provide this information to the public if they came and asked him to review it. He assured the City Council that Medics Ambulance Company did not exceed $141,000.00. Mayor Abramowitz asked that the a 5 year report be submitted to the City Council. Mr. Schreiber asked if he could receive a copy of this report and Mayor Abramowitz replied, yes. C/M Rohr asked what months Mr. Schreiber reviewed and Mr. Schreiber said January. C/14 Rohr said one month was not an indication of the yearly service because there were approximately 5 months in the year where the City's population dropped to about 40%. He said to be factual a yearly review had to be done. VOTE: ALL VOTED AXE PUBLIC HEARINGS - 10:00 A.M. RESOLUTIONS General Administrative 20. PUBLIC HEARING - MOTION TO ADOPT Temp. Reso. #5548 adopting a Five Year Capital Improvement Plan for Fiscal Year 1989/90 through 1993/94. SYNOPSIS OF ACTION: Public Hear ni g was held. City Attorney Doody read Temp. Reso. #5548 by title. * V/M Bender MOVED to APPROVE Temp. Reso. #5548, SECONDED by * C/M Rohr. City Manager Kelly said the City Charter required that there be a 5 year Capital Improvement Plan and an adoption of the fee schedule prior to the next Fiscal Year. He said the Departments submitted their 5 year plans, which would not be included in the Comprehensive Plan. He said the Utility Element was consistent with the Comprehensive Plan; however, the other costs were identified for the various Departments over the next 5 years. Page 10 9/27/89 City Manager Kelly said there were several matters that should be discussed concerning the fee schedule; however, adoption was necessary at this time. He suggested that the City Council have the opportunity to review this information during a Workshop meeting. Mayor Abramowitz asked if the Motion should be amended and City Manager Kelly suggested that this Item be approved contingent upon a Workshop meeting being held within the next month. City Attorney Doody said this matter could be deferred at this time and heard later in the meeting. * C/M Rohr MOVED to TABLE this Item, SECONDED by V/M Bender. VOTE: ALL VOTED AYE Mayor Abramowitz said this Item would be heard before the Public Hearing session was completed. Community Development 21. PUBLIC HEARING - MOTION TO ADOPT Temp. Reso. #5543 concerning a request by ALFRED L. COHEN d b/a CAFE CONTINENTAL for a special exception to permit expansion of Cafe Continental (currently at 3150 W. Commercial Boulevard) into the adjacent Bay 18 at 3146 W. Commercial Boulevard in 3 LAKES PLAZA, which is zoned B-2 (Planned Business). Petition #23-Z-89 SYNOPSIS OF ACTION: RESOLUTION NO. R-89-247 - PASSED Public Hea nar g was held. APPROVED. City Attorney Doody read Temp. Reso. #5543 by title. * V/M Bender MOVED to APPROVE Temp. Reso. #5543, SECONDED by * C/M Hoffman. Kelly Carpenter -Craft, City Planner, read the Findings of Fact into the record as follows: 1. Alfred L. Cohen is seeking a special exception approval to expand Cafe Continental Restaurant into the adjacent bay (Bay 18) at 3146 W. Commercial Boulevard in THREE LAKES PLAZA, which is zoned B-2 (Planned Business). 2. The Tamarac Land Use Plan designates the lands as Commercial. 3. The zoning code allows restaurants as a special exception, the existing restaurant has been in operation here for several years. 4. There are no additional kitchen facilities needed here; therefore, all the space will be utilized for customer service. 5. There are numerous vacancies in the shopping plaza; therefore, adequate parking is available at this time. 6. The current Land Use and Zoning on the abutting properties are: North (County) B-IC, B-3 Commercial South (County) B--2 Commercial (Oakland Park) RM-5 Low Density Residential East R-1 Low Medium Density West (Oakland Park) PCC-1 Commercial 7. The Planning Commission heard this Item and recommended approval at their September 6, 1989 meeting. Page 11 9/27/89 RECOMMENDATION: The Community Development Department recommends approval of this special exception request, subject to the petitioner providing a current waste control contract for six pick ups per week and evidence that the restaurant complied with the provision for control, reduction or elimination of offensive odors, as required by the City Code. ** These provisions were provided by the Petitioner. Mayor Abramowitz Opened and Closed the Public Hearing with no response. VOTE: ALL VOTED AYE 22. PUBLIC HEARING - MOTION TO ADOPT Temp. Reso. #5544 concerning a request by ALFRED L. COHEN d b/a CAFE CONTINENTAL to allow on -premises consumption of alcoholic beverages at Cafe Continental (as it presently exists and as may be expanded) in 3 LAKES PLAZA at 3150 W. Commercial Boulevard, which is zoned B-2 (Planned Business). Petition #24-Z-89 SYNOPSIS OF ACTION: Public Hear ni g was held. APPROVED. RESOLUTION NO. R--89--248 - PASSED City Attorney Doody read Temp. Reso. #5544 by title. * V/M Bender MOVED to APPROVE Temp. Reso. #5544, SECONDED by * C/M Hoffman. Kelly Carpenter -Craft, City Planner, read the Findings of Fact as follows: 1. Alfred L. Cohen is seeking a special exception to allow on -premises consumption of alcoholic beverages at Cafe Continental (as it presently exists and as may be expanded) in THREE LAKES PLAZA at 3150 W. Commercial Boulevard. 2. The Land Use Plan designates this plaza as B-2 (Planned Business). 3. Section 28-171 of the Code provides that alcoholic beverages are regulated by Special Exception; however, the Code sets forth no other criteria for this use. 4. Another restaurant in the plaza has a special exception for this use. 5. The Planning Commission approved this petition at their September 6, 1989 meeting. RECOMMENDATION: The Community Development Department recommends approval of this special exception request. Mayor Abramowitz Opened and Closed the Public Hearing with no response. VOTE! ALL VOTED AYE 23. PUBLIC HEARING - MOTION TO ADOPT Temp. Reso. #5561 concerning a request�yTMTHE PALMS INTERNATIONAL MARKET for a special exception to permit the operation of a delicatessen in COMMERCIAL PLAZA SHOPPING CENTER at 5355-5357 N. State Road 7, which is zoned B-2 (Planned Business). Petition #25-Z-89 SYNOPSIS OF ACTION: TABLED until October 10, 1989 City Council meeting. City Attorney Doody read Temp. Reso. #5561 by title. E 1 Page 12 9/27/89 Kelly Carpenter -Craft, City Planner, requested that this Item be Tabled until the October 11, 1989 City Council meeting at 7:30 P.M. City Attorney Doody said the City Council scheduled their October 11, 1989 meeting to be held on October 10, 1989. He said this Item could be scheduled for a time certain to avoid readvertising. C/M Hoffman MOVED October 10, 1989 * by V/M Bender. VOTE: General Administrative to TABLE Temp. Reso. #5561 until the City Council meet ni g at 7:30 P.M., SECONDED ALL VOTED AYE 20. PUBLIC HEARING - MOTION TO ADOPT Ted Reso. #5548 adopting a Five Year Capital Improvement Plan For Fiscal Year 1989/90 through 1993/94. SYNOPSIS OF ACTION: Public Hearing g was held. APPROVED. (SEE Page 10) RESOLUTION NO. R-89-246 - PASSED City Attorney Doody said the Charter required that this Item be adopted by September 30, 1989; however, he recommended that this Item be adopted as written. He said if amendments were needed after the Workshop meeting was held, the Item could be readvertised and adopted with the amendments. V/M Bender MOVED to APPROVE Temp. Reso. #5548, SECONDED by C/M Rohr. VOTE: ALL VOTED AYE 24. PUBLIC HEARING - MOTION TO ADOPT Temp. Reso. #5545 concerning a request by SUNSHINE DINER, INC., for a special xception to allow the operation of a sit-down restaurant serving breakfast, lunch and dinner at 4273 W. Commercial Boulevard in SUNSHINE PLAZA, which is zoned B-2 (Planned Business). Petition #26-Z-89. SYNOPSIS OF ACTION: RESOLUTION NO. R--89--249 - PASSED Public Hearing g was held. APPROVED. City Attorney Doody read Temp. Reso. #5545 by title. * V/M Bender MOVED to APPROVE Temp. Reso. #5545, SECONDED by * C/M Hoffman. Kelly Carpenter -Craft, City Planner, read the Findings of Fact as follows: 1. Sunshine Diner, Inc, is seeking a special exception to allow the operation of a sit down restaurant, serving breakfast, lunch and dinner at 4273 W. Commercial Boulevard in the SUNSHINE PLAZA, which is zoned B-2 (Planned Business). 2. The Tamarac Land Use Plan designates the lands as Commercial. Page 13 9/27/89 3. The zoning code allows restaurants, subject to special exception. 4. The conditions under which a special exception for a restaurant may be considered are: a. The restaurant must have an approved method of waste collection. Sunshine Diner, Inc., has entered into a contract with Southern Sanitation Service for six collections per week. b. A plan for control, reduction or elimination of offensive odors is required. Sunshine Diner has submitted plans to conform to City Code requirements. 5. The shopping plaza was granted a Limited Parking Waiver in 1987 for additional parking spaces. A copy of the Resolution and a parking inventory has been submitted with this request. 6. The space was previously occupied by Bonanza Snack Shop, which received approval of a special exception in 1987. 7. The current Land Use and Zoning on the abutting properties are: North R-4A Medium Density Residential South B-1 Commercial East B-3 Commercial West B--2 Commercial 8. The Planning Commission approved this request at their September 6, 1989 meeting. RECOMMENDATION: The Community Development Department recommends approval of the special exception for Sunshine Diner, Inc., subject to all conditions of the Zoning Code. Mayor Abramowitz Opened and Closed the Public Hearing with no response. VOTE: ALL VOTED AYE 25. PUBLIC HEARING - MOTION TO ADOPT Temp. Reso. #5546 concerning a request by SPA LADY OF SOUTH FLORIDA, INC., for a special exception to allow the operation of a health club in ;hephard Plaza at 7142 N. University Drive, which is zoned B-2 (Planned Business). Petition #27-Z-89 SYNOPSIS OF ACTION: RESOLUTION NO. R-89-250 - PASSED Public Hear ni g was held. APPROVED. City Attorney Doody read Temp. Reso. #5546 by title. * V/M Bender MOVED to APPROVE Temp. Reso. #5546, SECONDED by * C/M Hoffman. Kelly Carpenter -Craft, City Planner, read the Findings of Fact as follows: 1. Spa Lady, Inc., is seeking a special exception approval to operate a health club at 7142 N. University Drive in S11EpHARp. PLAZA, zoned B-2 (Planned Business) . 2. The Tamarac Land Use Plan designates the lands as commercial. 3. The Tamarac Zoning Code allows health clubs as a special exception; however, the Code sets forth other criteria for this use. 4. There are adequate parking spaces in the center for this use. 5. The current Land Use and Zoning on the abutting properties are: 1 1 1 Page 14 9/27/89 1 1 1 North B-2 Commercial South B--2 Commercial East R-4A, R-3U Low Medium Density West B--6 Commercial 6. The Planning Commission approved this request at their September 6, 1989 meeting. RECOMMENDATION: The Community Development Department recommends approval of this special exception. C/M Hoffman asked if there would be adequate parking in this plaza because the Italian American Club was considering relocating to this plaza. Mrs. Carpenter -Craft said an active application was not received from the Italian American Club; therefore, there presently was adequate parking spaces in the plaza for the Health Club use in the Plaza. She said a formal application from the Italian American Club would have to be reviewed for a Certificate of Occupancy and Occupational License, at which time the parking would be reviewed. Mayor Abramowitz said the City has been trying for several years to fill the spaces in this plaza. Mayor Abramowitz Opened and Closed the Public Hearing with no response. VOTE: ALL VOTED AYE 26. PUBLIC HEARING - MOTION TO ADOPT Temp. Reso. #5547 concerning a request by DELI TYME RESTAURANT for a special exception to allow DELI TYME RESTAURANT to expand 8-feet into the adjacent store, increasing the size of the existing restaurant by 560 square feet; the restaurant is located in Shephard Plaza at 7130 N. University Drive and is zoned B-2 (Planned Business). Petition #28-Z-89 SYNOPSIS OF ACTION: RESOLUTION NO. R-89-251 - PASSED Public Hearing was held. APPROVED. City Attorney Doody read Temp. Reso. #5547 by title. * C/M Rohr MOVED to APPROVE Temp. Reso. #5547, SECONDED by * C/M Hoffman. Kelly Carpenter -Craft, City Planner, read the Findings of Fact as follows: 1. Deli Tyme Restaurant is seeking a special exception approval to expand the restaurant eight (8) feet into the adjacent store in SHEPPARDS PLAZA, 7130 N. University Drive, zoned B-2 (Planned Business). 2. The Tamarac Land Use Plan designates the lands as Commercial. 3. The Zoning Code allows restaurants as a special exception, the existing restaurant has been in the operation at this location for a number of years. 4. There are no additional kitchen facilities needed for this expansion. All space is being utilized for customer service and storage. 5. There are sufficient parking spaces for this use. 6. The current Land Use and Zoning on the abutting properties are; Page 15 9/27/89 North B-2 Commercial South B-2 Commercial East B-6 Community Facilities West R--4A, R-3U Low Medium Density 7. The Planning Commission approved this request at their September 20, 1989 meeting. RECOMMENDATION: The Community Development recommends approval of this request subject to the petitioner providing a current waste control contract for six pick ups per week and a plan for the elimination of offensive odors. ** These things were submitted by the Petitioner. Mayor Abramowitz Opened and Closed the Public Hearing with no response. VOTE: ORDINANCES Community Development ALL VOTED AYE 27. a. MOTION TO ACCEPT Affidavits of Publication and Post ng_Tor Temp. Ord. #1438. Petition #15-Z-89 b. PUBLIC HEARING - MOTION TO ADOPT Temp. Ord. #1438 on second 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) SYNOPSIS OF ACTION: ORDINANCE NO. 0-89-22 - PASSED Public Hearing was held. a. ACCEPTED Affidavits. b. APPROVED on second reading. * a. C/M Hoffman MOVED to ACCEPT Affidavits of Publication and * Posting for Temp. Ord. #1438, SECONDED by V/M Bender. VOTE: ALL VOTED AYE City Attorney Doody read Temp. Ord. #1438 by title. * b. V/M Bender MOVED to APPROVE TempOrd. #1438 on second * reading, SECONDED by C/M Hofmann. 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 Industry) , to conform to the provisions of Article XX (LI-1 LIGHT INDUSTRY), which repealed the M-2 zoning district. 2. The Tamarac Land Use Plan designates this parcel as Industrial. 3. This parcel known as Visual Graphics, contains 34.07 4. acres, more The current or less. Land Use and Zoning on the abutting properties are: North RM-10 Low Medium Residential South (Sunrise) B-3 Commercial East B-2, 13-6 Commercial West A-5, B-2 Commercial 5. The Planning Commission recommended approval of this request at their September 6, 1989 meeting. Page 16 9/27/89 RECOMMENDATION: The Community Development Department recommends approval of this rezoning request. C/M Hoffman asked if there were concerns about the Water and Sewer Retention fees and Mrs. Carpenter -Craft said this matter would be discussed when the Plat was before the City Council. Mayor Abramowitz Opened and Closed the Public Hearing with no response. VOTE: ALL VOTED AYE 28. a. MOTION TO ACCEPT Affidavits of Publication and Posting or Temp. Ord. #1453. Petition #14-Z-89 b. PUBLIC HEARING - MOTION TO ADOPT Temp. Ord. #1453 on second 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: ORDINANCE NO. 0-89--23 - PASSED Public Hearing was held. a. ACCEPTED Affidavits. b. APPROVED on second reading. * a. V/M Bender MOVED TO ACCEPT Affidavits of Publication and * Posting for Ted Ord. #1453, SECONDED by C/M Rohr. VOTE: ALL VOTED AYE City Attorney Doody read Temp. Ord. #1453 by title. * b. C/M Hoffman MOVED to APPROVE Temp. Ord. #1453 on second * reading, SECONDED by V/M Bender. Kelly Carpenter --Craft, City Planner, read the Findings of Fart as follows: 1. The Petitioner is seeking rezoning from M-2 (Medium Industrial) to B-3 (General Business). 2. The Tamarac Land Use Plan 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 or more. 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. The parcel is further identified as being the southeast 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 was resubmitted for Planning ComTr.is:siorn approval. 7. The Planning Commission approved th-is request at their September 6, 1989 meeting. Page 17 9/27/89 RECaMMENDATION: The Community Development Department recommended approval of this request to rezone to B-3, using Commercial Flexibility, subject to the following conditions: a. Applicant volunteered to deed restrict the property so that no gas stations will be built on this 4 acre site. b. Applicant volunteered to not renew the lease for 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 4 acre parcel will become effective. Mayor Abramowitz Opened and Closed the Public Hearing with no response. VOTE: ALL VOTED AYE 29. a. MOTION TO ACCEPT Affidavits of Publication and Posting for Temp. Ord. #1454. Petition #22-Z-89 b. PUBLIC HEARING - MOTION TO ADOPT Temp. Ord. #1454 on second 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: ORDINANCE NO. 0-89-24 - PASSED Public Hearing was held. a. ACCEPTED Affidavits. b. APPROVED on second reading. * a. V/M Bender MOVED TO ACCEPT Affidavits of Publication and * Posting for Temp. Ord. #1454, SECONDED by C/M Hoffman. VOTE: ALL VOTED AYE City Attorney Doody tread Temp. Ord. #1454 by title. * V/M Bender MOVED to APPROVE Temp. Ord. #1454 on second * reading, SECONDED by C/M Rohr. Kelly Carpenter -Craft, City Planner, said this Item was a request to rezone lands in the north half of Land Section 7 from R-3 (Low Density Multiple Dwellings) and A-1 (Limited Agriculture) to LI--1 (Light Industrial) in conformance with the Tamarac Land Use Plan. Mrs. Carpenter -Craft said the Community Development Department was pleased to see the 35.837 acres of land be rezoned to Industrial. She said the City was anticipating Land Section 7 to be its future industrial tax base. She said the surrounding properties are: North Commercial South Industrial East Open Space/Recreation West Industrial. Mrs. Carpenter --Craft said the Planning Commission recommended approval of the zoning request at their August 16, 1989 meeting and she recommended approval as a conformance to the City's Land Use Plan. F, 1 n i Page 18 9/27/89 1 Mayor Abramowitz commended Kelly Carpenter -Craft, City Planner, Steven Oxenhandler, Director of Development Services, Dan Wood, Chief Building Official, and Bob Foy, Director of Utilities/Engineering, on their meetings with the developers. He said the meeting was very successful because 13 out of 14 owners agreed to the City's request. He said the 14th owner was not present at the meeting. Mayor Abramowitz Opened and Closed the Public Hearing with no response. VOTE: General Administrative ALL VOTED AYE 30. PUBLIC HEARING - MOTION TO ADOPT Temp. Ord. #1447 on second reading g to approve a non --exclusive franchise agreement with ALL SERVICE REFUSE for commercial garbage and trash collection. SYNOPSIS OF ACTION: ORDINANCE NO. 0-89-25 - PASSED Public Hea nri g was held. APPROVED on second reading. City Manager Kelly read Temp. Ord. #1447 by title. * C/M Hoffman MOVED to APPROVE Temp. Ord. #1447 on second * reading, SECONDED by C/M Rohr. Mayor Abramowitz Opened the Public Hearing. Joseph Schreiber, Resident, had concerns with these contracts being included in next year's budget and Mayor Abramowitz said the amount in the budget was for residential garbage services. Mr. Schreiber said the City had a garbage contract that would increase 5% every year; therefore, the cost in the next two years would be approximately $2,000,000.00 and the public would have to pay for these costs quarterly. He suggested the City conduct a survey to see if they could provide their own municipal collection of trash and garbage. Mayor Abramowitz said Tamarac was the only City that required restaurants to have garbage pick ups 6 days a week. He said the City required this to prevent smells and rats. He said the franchises were companies that had contracts with the businesses for which the City received a franchise fee. City Manager Kelly said the Cities that provided their own garbage pick up had higher costs than Tamarac. Mayor Abramowitz said the Cities that had their own garbage collection lowered their tax rates but raised their garbage collection rates. Anthony Grimaldi, Resident, asked if the franchise fees were increased and City Manager Kelly said the City received 10% of the revenue collected by the garbage companies. Joe Padwa, Resident, said Concord Village had three swimming pools and Mayor Abramowitz said he discussed this matter with the owner. Page 19 9/27/89 Mr. Padwa said a reply was not received on this matter and Mayor Abramowitz said the matter was discussed at 4:30 P.M. yesterday; therefore, the matter was being investigated. He said he would submit an answer as soon as it was available. He said this matter was not on the agenda; therefore, it should not be discussed at this time. Mayor Abramowitz Closed the Public Hearing with no further response. VOTE: ALL VOTED AYE 31. PUBLIC HEARING -- MOTION TO ADOPT Temp. Ord. #1450 on second read ni g to approve a non-exclusive franchise agreement with INDUSTRIAL WASTE SERVICES, INC., for commercial garbage and trash collection. SYNOPSIS OF ACTION: ORDINANCE NO. 0--89--26 -- PASSED Public Hearing was held. APPROVED on second reading. City Attorney Doody read Temp. Ord. #1450 by title. * C/M Hoffman MOVED to APPROVE Temp. Ord. #1450 on second * reading, SECONDED by V/M Bender. Mayor Abramowitz Opened and Closed the Public Hearing with no response. VOTE: ALL VOTED AYE 32. PUBLIC HEARING - MOTION TO ADOPT Temp. Ord. #1448 on second reading to approve a non-exclusive franc ise agreement with BROWNING FERRIS INDUSTRIES OF FLORIDA, INC., for commercial garbage and trash collection. SYNOPSIS OF ACTION: ORDINANCE NO. 0-89-27 - PASSED Publie Hear ni g was held. APPROVED on second reading. City Attorney Doody read Temp. Ord. 11448 by title. * V/M Bender MOVED to APPROVE Temp. Ord. #1448 on second * reading, SECONDED by C/M Hof-fman. Mayor Abramowitz Opened and Closed the Public Hearing with no response. VOTE: ALL VOTED AYE 33. PUBLIC HEARING -- MOTION TO ADOPT Temp Ord. #1449 on nl. second rea ing to approve a on-excusiv-e francFlise agreement with COUNTY WASTE, INC., for commercial garbage and trash collection. SYNOPSIS OF ACTION: ORDINANCE NO. 0-89-28 - PASSED Fublie Hear ni g was held. APPROVED on second reading. City Attorney Doody read Temp. Ord. #1449 by title. * C/M Hoffman MOVED to APPROVE Temp. Ord. #1449 on second * reading, SECONDED by V/M Bender. Mayor Abramowitz Opened and Closed the Public Hearing with no response. Page 20 9/27/89 VOTE: ALL VOTED AYE 34. PUBLIC HEARING - MOTION TO ADOPT Temp. Ord. #1455 on second read niread g to approve a non-exclusive Tranchise agreement with LARRY O'CONNOR SANITATION SERVICE for commercial garbage and trash collection. SYNOPSIS OF ACTION: ORDINANCE NO. 0-89-29 - PASSED Public Hearing was held. APPROVED on second reading. City Attorney Doody read Te� mp' Ord. #1455 by title. * C/M Hoffman MOVED to APPROVE Temp. Ord. #1455 on second * reading, SECONDED by V/M Bender. Mayor Abramowitz Opened and Closed the Public Hearing with no response. VOTE: ALL VOTED AYE 35. PUBLIC HEARING - MOTION TO ADOPT Temp. Ord. #1452 on second read niread g to approve a non --exclusive Yranchise agreement with SOUTHERN SANITATION SERVICE for commercial garbage and trash collection. SYNOPSIS OF ACTION: ORDINANCE NO. 0--89-30 - PASSED Public Hea nzi g was held. APPROVED on second reading subject to payment of an additional cash bond in the amount of $850.00 by 5:00 P.M. September 29, 1989. City Attorney Doody read Temp. Ord. #1455 by title. * C/M Hoffman MOVED to APPROVE Temp. Ord. #1455 on second * reading, SECONDED by V/M Bender. City Manager Kelly said Southern Sanitation Service has not paid their fee and he recommended that approval be given subject to the City receiving $850.00 by 5:00 F.M., September 29, 1989. * C/M Hoffman AMENDED his Motion to APPROVE subject to the * payment of the additional cash bond by September 29, 1989 * at 5:00 P.M., V/M Bender AMENDED his Second. VOTE: ALL VOTED AYE Mayor Abramowitz announced that Items 36 and 37 would be heard at 5:05 F.M. as prescribed by law. City Attorney Doody said staff was recommending that Item 36 be Tabled; however, this action would be recommended at 5:05 P.M. He said there were minor details needed for the Ordinance; therefore, the recommendation would be to Table to a time certain at 5:05 P.M. Mayor Abramowitz commended C/M Hoffman and City Attorney Doody for recommending this action because the Ordinance was very important to the City. C/M Hoffman said there were minor corrections to the Ordinance; however, he would not want to vote on the sign Ordinance until the City Attorney was comfortable. Page 21 9/27/89 At 10:45 A.M., Mayor Abramowitz RECESSED this meeting and RECONVENED at 10:55 A.M., with ALL PRESENT. RESOLUTIONS Community Development 11. a. MOTION TO ADOPT Temp. Reso. #4997 approving a Public Safety Ingress Egress Easement for VISUAL GRAPHICS CORPORATION PARK. b. MOTION TO ADOPT Temp. Reso. #5559 approving a development order and associated documents for VISUAL GRAPHICS CORPORATION PARK replat. c. MOTION TO ADOPT Temp. Reso. #5540 approving a replat of VISUAL GRAPHICS CORPORATION PARK. (located at the northwest corner of Commercial Boulevard and NW 94 Avenue. SYNOPSIS OF ACTION: RESOLUTION NO. R-89--252 - PASSED APPROVED a. RESOLUTION NO. R-89-253 - PASSED APPROVED b. with conditions. RESOLUTION NO. R-89-254 - PASSED APPROVED c. with conditions. a) City Attorney Doody read Temp. Reso. #4997 by title. * V/M Bender MOVED to APPROVE Temp. Reso. #4997, SECONDED by * C/M Hoffman. Kelly Carpenter -Craft, City Planner, said she was very glad that this was submitted to the City and she recommended approval. C/M Hoffman asked where the ingress/egress would be located and Mrs. Carpenter -Craft it was a blanket easement that covered the site, which allowed access for public safety. VOTE: ALL VOTED AYE b. City Attorney Doody read Temp. Reso. #5559 by title. * V/M Bender MOVED to APPROVE Temp Reso. #5559. SECONDED by * C/M Hoffman. Kelly Carpenter -Craft, City Planner, said the applicant was requested to submit a Letter of Credit by September 30, 1989, for the Water and Sewer Retention Agreement in the amount of approximately $66,000.00. She said the applicant would be submitting approximately $4,000.00 in drainage fees. She said the Development Agreement should be approved contingent upon these things. Mrs. Carpenter -Craft said the Letter of Credit would be held in escrow for a maximum period of 6 months. City Attorney Doody recommended that the Letter of Credit be approved contingent upon the City Attorney's Office approval. He said before the Letter of Credit was terminated, the bank was to notify the City 30 days in advance. He said the City should have the option at the end of the 6 month period to draw the Letter of Credit or enter into an agreement that cash would be substituted for the Letter of Credit. 1 1 Page 22 9/27/89 C/M Hoffman asked how termination was done with an irrevocable Letter of Credit and City Attorney Doody said the bank sent notice of a 30 day termination. C/M Hoffman said an irrevocable Letter of Credit could not be irrevocable unless the agreement was not complied with. City Attorney Doody said every irrevocable Letter of Credit he experienced had a provision that the bank must provide notice to the holder 30 days before its expiration. Mayor Abramowitz said the irrevocable provision was to benefit the City. He said the Letter of Credit could not be taken from the City and substituted with something else. He said the City Attorney Doody was making sure that the City was legally protected. He said he did not object to the 30 days notice because the City would be able to draw on the Letter of Credit, if needed, within those 30 days. C/M Hoffman asked if this was correct and City Attorney Doody said the clause regarding a 30 day notice from the bank would be implemented so that the City could act on the Letter of Credit, if needed. * V/M Bender AMENDED his Motion to APPROVE contingent upon * receipt of a Water Retention Agreement, a Letter of Credit * for approximately $66,000.00 and drainage improvement fees * for approximately $4,000.00 by Friday, September 29, 1989, * C/M Hoffman AMENDED his Second. VOTE: ALL VOTED AYE c. City Attorney Doody read Temp. Reso. #5540 by title. * V/M Bender MOVED to APPROVE Temp. Reso. #5540, SECONDED by * C/M Hoffman Kelly Carpenter -Craft, City Planner, recommended that approval be contingent upon the receipt of all the documents and fees approved in Temp. Reso. #5559. Mrs. Carpenter -Craft said this request was for a replat of the parcel located at the northwest corner of Commercial Boulevard and NW 94 Avenue. She said the Tamarac Land Use Plan designates these lands as industrial and the parcel was not zoned LT-1. She said the Plan was reviewed by the Tamarac Staff Review Committee and their comments were attached to the backup. She said all of staff's comments were met by the applicant. She said the Planning Commission recommended approval at their August 16, 1989 meeting and she recommended approval. * V/M Bender AMENDED his Motion to APPROVE contingent upon the * receipt of all documents and fees approved in Resolution * R-89-253, C/M Hoffman AMENDED his Second. VOTE: ALL VOTED AYE 12. a. MOTION TO ADOPT Temp. Reso. #5563 accepting Deed Restrictions concerning restr'' ting gas stations from being built on a 4-acre site identified as Visual Graphics Corporation Park. Page 23 9/27/89 b. MOTION TO ADOPT Temp. Reso. #5564 accepting Affidavit stating that a lease for the truck rental company on the Visual Graphics parcel at the north end of the property will not be renewed. (located at the intersection of Commercial Boulevard and NW 94 Avenue) SYNOPSIS OF ACTION: APPROVED a. and b. RESOLUTION NO. R--89-255 -- PASSED RESOLUTION NO. R-89-256 - PASSED City Attorney Doody said a Resolution was not prepared for this Item; therefore, the Motion should be contingent upon the drafting of Temp. Reso. #5563. a. C/M Hoffman MOVED to APPROVE Temp. Reso. #5563 subject to the drafting of the Resolution, SECONDED by V]M Bender. VnTFt ALL VOTED AYE b. C/M Hoffman MOVED to APPROVE Temp. Reso. #5564 subject to the drafting of the Resolution, SECONDED by V M Bender. VOTE: ALL VOTED AYE Vickie Beech, Resident, asked if these documents would be available for public review and Mayor Abramowitz said if the Resolutions were not given to the City Council for review and signature, the Items would not be approved. Mrs. Beech asked if she could receive copies of these Resolution and Mayor Abramowitz replied, yes, the Resolutions would be a part of the public record. ORDINANCES Community Development 18. 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; 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 9/13/89). SYNOPSIS OF ACTION: APPROVED on first reading. Second reading and Public Hearing to be held on October 11, 1989 at 7:30 P.M. City Attorney Doody read Temp. Ord. #1436 by title. * V/M Bender MOVED to APPROVE Temp. Ord. #1436 on first * reading, SECONDED by C/M Hoffman. Kelly Carpenter -Craft, City Planner, said this Ordinance would amend the existing LI-1, Section 28-182 of the Zoning Code. She said this Item was Tabled on September 13, 1989, because on Page 2, Section 28-182, there were permitted uses which addressed utility uses. She said this Item was removed from the Ordinance and staff intended to address utility uses in Industrial Districts in November, 1989. She said this Item would be resubmitted to the City Council at that time. She said the remainder of the Ordinance was the same as discussed on September 13, 1989. 1 F�l 1 Page 24 9/27/89 V/M Bender said he would like the record to reflect that Temp. Ord. #1 was being approved as amended. VOTE: ALL VOTED AYE 19. MOTION TO ADOPT Temp. Ord. #1445 on first reading to amend Chapter 28-25(d) of the Code revising the requirements for advertising public hearings before the Planning Commission Meeting and to amend Chapter 28-25(f) of the Code revising the requirements for advertising public hearings before a City Council meeting. SYNOPSIS OF ACTION: APPROVED on first reading. City Attorney Doody read Temp. Ord. #1445 by title. * V/M Bender MOVED to APPROVE Temp. Ord. #1445 on first * reading, SECONDED by C/M HofT`man. Kelly Carpenter -Craft, City Planner, said this Ordinance was a change in the provisions for the signs used to advertise rezoning Public Hearings. She said the language currently indicated that the signs would indicate "Notice Rezoning Hearing before the Planning Commission, City of Tamarac, She said the date and hour would be inserted. Mrs. Carpenter -Craft said the sign also stated, "To be rezoned from to She said staff was proposing to delete thisis and substitute the following language, "That sufficient information be on the sign to advise property owners on the surrounding neighborhood that a land permit was being sought for the property. The sign need not describe the proposed plans or details thereof.". Mrs. Carpenter -Craft said signs would say, "For Land Development Permit Application call 722-5900". She said this allowed staff to purchase a series of signs and interchange them from one project to the next. She said staff would not have to constantly affix dates and times to the signs. She said the City of Plantation had signs which indicated that rezoning was under consideration with their City Hall number. Mrs. Carpenter -Craft said staff felt that these signs would be aesthetically better and would not deny the ability of the people to find out what was occurring. She said the signs would be posted on the site. Mayor Abramowitz said when the City was hearing a controversial matter, there were several members of the public attending. He said most of the residents were not aware of the amendment. He said all of the problems in the Code which prohibited the City to operate in the appropriate manner were being amended little by little. He said this was great for the City and he commended Mrs. Carpenter -Craft for the housecleaning of the Code to allow it to work in a professional manner. C/M Hoffman asked if the time and date of the hearing would not be placed on the sign and Mrs. Carpenter -Craft agreed. C/M Hoffman asked if the reason for the application would be eliminated as well and Mrs. Carpenter -Craft agreed. Page 25 9/27/89 C/M Hoffman asked if staff wanted people to call City Hall for this information and Mrs. Carpenter -Craft agreed. C/M Hoffman said he did not agree with this procedure. C/M Hoffman said there would be several telephone calls made to the City and the residents should be able to read the sign to know immediately what was occurring and requested. C/M Hoffman said he appreciated the fact that staff wanted to simplify things; however, some things could not be simplified because it would be defeating the purpose. Mrs. Carpenter -Craft said there were no requirements in the State law that there be this type of notice. She said the City of Coral Springs did not post signs. She said the City of Plantation posted signs that were being proposed. She said the signs used by the City at this time were $50.00 per sign and the City did not receive these signs back, even though there was a deposit required for them. She said staff wanted the signs aesthetically pleasing to convey the appropriate information; however, the proposal was the only way to do this. She said when the existing signs were posted, the City still received calls from the residents. She said these calls consisted of approximately 20 per day. C/M Hoffman asked if the applicant was charged for the signs and Mrs. Carpenter -Craft said this was done. C/M Hoffman asked why there was a concern and Mrs. Carpenter -Craft said there was a lead time in order to get a sign made. She said to place this information on the signs, the lead time would have to be increased for the acceptance of the application by the Planning Commission. C/M Hoffman said he felt the information was more important than the aesthetics of the sign. C/M Rohr said if the City Planner felt that the proposal would be better for the City and residents, he did not object. He said the City Planner dealt with this matter every day and the City Council had to depend on the City Planner's advice. He said Mrs. Carpenter -Craft indicated that she received telephone calls on this matter regardless of what was printed on the signs. VOTE: Mayor Abramowitz - Aye V/M Bender - Aye C/M Hoffman - Nay C/M Rohr - Aye OPEN PUBLIC FORUM 38. OPEN PUBLIC FORUM Vickie Beech, Resident, thanked the City Council for assisting the residents in resolving the problems with the Visual Graphics site. Mrs. Beech said during the second Budget Public Hearing, she was very concerned that there were no signs posted in the City indicating that proper attire be worn to show respect. She said the Chairman of the meeting should be able to address these matters. She said she observed during that meeting that hats were not removed when Page 26 1 1 9/27/89 addressing the podium, which was a rudeness to the Body holding the meeting. She said a matter of conduct should be exercised at all times. Mrs. Beech said she was a firm believer in visual aides and, if not in working order, there should be large easels allowing the information to be seen by the public. Mrs. Beech said there have been several discussions regarding the Comark matter. She said she was not political, running for office or pledged to anyone running for office. She said her comments were expressed as a resident who lived in the City for several years and witnessed several Councilmembers in office. Mrs. Beech said it was strange that in 1981, Alexander Grant audited the City and did not find the Comark matter. She said Touche Ross audited the City and did not find the Comark matter. She said Lewis, Bokius and Morgan were hired and the Comark matter was not found. She said there seemed to be something wrong when the buck was being passed to someone else. She said there seemed to be something wrong in the administration and professionalism of the people acting on behalf of the City. She said with all of the monies being spent throughout the years on professionalism, these mistakes should have been caught. Mayor Abramowitz said he did not feel this was Mrs. Beech's intent; however, it sounded like she felt that someone was trying to hide the Comark matter. He said when he became Mayor, City Manager Kelly and City Attorney Doody briefed him about the Comark matter. He said even though the bankruptcy occurred in 1982, the Case has been lying dormant. Mayor Abramowitz said approximately 2-1/2 months ago, he questioned a payment that puzzled him. He said there was a payment for $26,000.00, which represented a payment of legal fees for the ESM Case and representation for the Comark Case. He said approximately 2 weeks later, City Attorney Doody informed him that the Federal Bankruptcy Judge determined that it was time that the Comark Case be acted on. He said the Judge demanded discovery by October, 1989. He said he did not have the opportunity to discuss this matter with the City Council unless there was a meeting held. Mayor Abramowitz said the attorneys representing the City on this case indicated that they felt the City had a fairly good Case; however, to provide the Discovery would cost approximately $60,000.00. He said the Case would have to be litigated, which costs were unknown, and there was a possibility that the City could lose the Case. He said the City made efforts to settle because it would cost more to win than it would to settle. He said the Comark representatives recently denied the City's latest settlement. He said the City Council could not discuss this matter in detail because it was in the middle of settlement negotiations. He said the residents would be informed of this matter when a decision was made. Mrs. Beech said it seemed that this matter became a problem all of a sudden and City Attorney Doody said Comark was one of a number of parties in this Case. He Page 27 9/27/89 TAPE 4 said the lawsuit has been occurring for awhile; however, Tamarac's position was now being heard. He said the City has not had control over the timing of the matter. Mayor Abramowitz said during the second Budget Public Hearing he did not mention that one of the reasons there was a problem was because the City had to allocate approximately $100,000.00 for the settlement of the Case; however, he felt it would cost approximately $250,000.00 in the end. He said these funds could have been used for other matters; however, the City Council had no control over this. Mrs. Beech said Tamarac seemed to always be under the gun and Mayor Abramowitz said the City Council was trying to get out of the hostage situation. Mrs. Beech said it seemed that constant mistakes were being made which were not in the City's favor and Mayor Abramowitz said staff was completely honest with the City Council on these matters. C/M Hoffman said Mrs. Beech had valid concerns about why the auditors did not pick this matter up. He said the securities were only held for 6 months more than they should have been. He said by the time the auditors reviewed the books, the City received these funds. He said if the City would have taken the securities back when it was supposed to, there would be no problems. He said the auditors knew about these securities; however, nothing could have been done because the City received them back. Mayor Abramowitz said this City Council would not allow what occurred in the past, which was instructing the Finance Director or his designee to invest in monies. Mrs. Beech said the City Council's good intentions may come forward; however, the outcome may not be feasible. Mayor Abramowitz said the City has covered themselves to avoid problems in the future. C/M Hoffman said he was a member of the Charter Board when this matter occurred and there was a Charter amendment implemented prohibiting the investment of any City funds that were not Federally insured or part of the State Pool. He said the Charter Board also passed an amendment to protect the monies of the Pension Fund; however, the Courts would not allow this to occur. He said the City was limited by laws as to what they could do. He said in recent years, the City has improved in professionalism. Anthony Grimaldi, Resident, said in the passing of the sign Ordinance, there would be a problem with the competition of the surrounding Cities. He asked if the City would be able to protect the businesses from having to compete with the businesses across the street. He said the areas of Commercial Boulevard and State Road 7 (441) should be protected. Mr. Grimaldi said the Ordinance also indicated that there would be waivers for temporary ground signs. He said if this was allowed, there would be temporary ground signs permitted; therefore, there should be a provision that only allowed temporary signs for a specific amount of time. 1 Page 28 9/27/89 1 1 C/M Hoffman said the reason the sign Ordinance was being Tabled was to tighten up on certain things, such as waivers. He said he agreed with Mr. Grimaldi and the matter was under investigation. C/M Hoffman said the City could not have influence on what the surrounding Cities did; however, Tamarac would be submitting copies of the sign Ordinance to these Cities, hoping that the surrounding Cities would try to implement the same provisions. C/M Hoffman said there was a question about eliminating all ground signs at the first hearing. He said the Sign Ordinance Task Force felt that if this was done, the business community would be placed at a terrible disadvantage. He said he would like to have a different Ordinance for State Road 7; however, it was not possible because of the zoning in the City. He said the Sign Ordinance Task Force tried to correct the irregularities in the old Sign Ordinance. He said there would be some businesses hurt by the new Ordinance; however, the majority of the businesses would benefit from the new Ordinance. Mr. Grimaldi said once the Sign Ordinance was adopted it was up to the appropriate Departments to see that the Ordinance was complied with. He said it would not be fair if the businesses on State Road 7 did not have to comply with the Ordinance. Mayor Abramowitz said C/M Hoffman mentioned the matter on State Road 7 and he was informed that nothing could be done to change specific areas because it would be like spot zoning. City Attorney Doody said there was an Equal Protection Clause in the U.S. Constitution that would not allow the City to have Ordinances that affected one group of individuals and not the others. Mayor Abramowitz said he would prefer the City Council not allowed the right to waive anything because it placed pressure on the City Council. He said there were occasions that required additional help. Mr. Grimaldi said he was against unrealistic waivers, such as some of the business on State Road 7. C/M Hoffman said a member of the Sign Ordinance Task Force was a businessman located on State Road 7 and he realized that he would have to lower his sign to comply with the Ordinance. He said there would be some people affected by the Ordinance; however, there should not be many people affected. C/M Rohr said when something was corrected or improved the party making the correction or improvement became a model for those parties that wanted to make corrections or improvements. He said someone had to make the first move and Tamarac was doing this. Melanie Reynolds, Resident, said she was surprised to see that the Redistricting Plan was not placed on this agenda for approval. She asked if the City Council was waiting for something. Page 29 9/27/89 Mayor Abramowitz said the City Council and Charter Board held a Joint Special meeting and approved the Redistricting Plan. Mrs. Reynolds said the Plan was incorrect and should be amended and C/M Hoffman said Mrs. Reynolds was practicing law without a license. Mrs. Reynolds said she has been involved in redistricting since 1974 and C/M Hoffman said the City Council held a special meeting during which the Redistricting Committee's recommendations were adopted. Mrs. Reynolds said Jane Carroll, Supervisor of Elections, indicated that Precinct 18J was not correct on the Plan. Mayor Abramowitz said there was a discrepancy in the use of a colored crayon. He thanked Mrs. Reynolds for bringing this matter to the City Council's attention. He said he understood that the discrepancy was corrected; however, this matter would be investigated. Mrs. Reynolds said she informed the City Council that on August 1, 1989, there was a special meeting in which the Minutes were to be typed verbatim for the Councilmembers that were not present. She said the Minutes were not transcribed in verbatim and the four proposals for the Charter Board amendment were Tabled. C/M Hoffman said the City Council had another meeting in which the four proposals were approved. Mrs. Reynolds said she understood compensation for the City Manager was an ICMA Pension; however, she Manager and City Attorney should State Law Section 112.215 as oppo C/M Hoffman suggested this matter City Manager and Mayor Abramowitz the deferred and the City Attorney asked if the City be under the Florida sed to the ICMA. be investigated by the agreed. Stan Bernard, Resident and member of the Charter Board, said the City Council and Charter Board met about the four proposals concerning how Charter amendments are to be handled. He said these were agreed upon by the City Council. REPORTS 39. CITY COUNCIL REPORTS There were no Reports. 40. CITY MANAGER REPORT - No Report. 41. CITY ATTORNEY REPORT] - No Report. At 12:05 P.M., Mayor Abramowitz RECESSED this meeting and RECONVENED at 5:05 P.M. with ALL PRESENT, except City Manager Kelly. Mike Couzzo, Acting City Manager, was present. 1 Page 30 9/27/89 TAPE 5 ORDINANCES PUBLIC HEARING - 5:05 P.M. Community Development 36. 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. NOPSIS OF ACTION: Public Hea nir g was held. TABLED until the October 10, 1989 City Council meeting at 7:30 P.M. City Attorney Doody read Temp. Ord. #1443 by title. City Attorney Doody asked that this Item be Tabled until the October 10, 1989 City Council meeting at 7:30 P.M. * C/M Hoffman MOVED to TABLE Temp. Ord. #1443 until * the October 10, 1989 City Counc 1 meeting at 7:30 P.M., * SECONDED by V/M Bender. Mayor Abramowitz Opened and Closed the Public Hearing with no response. VOTE: ALL VOTED AYE 37. PUBLIC HEARING -- MOTION TO ADOPT Temp. Ord. #1444 on first read n� g to amend Section 28-171 01 tTie Code pertaining to distance requirements for delicatessens and restaurants in special exception requirements. tYNOPSIS OF ACTION: Public Hearing was held. APPROVED on first reading. Second reading and Public Hearing will be held on October 10, 1989 at 7:30 P.M. City Attorney Doody read Temp. Ord. #1444 by title. * C/M Rohr MOVED to APPROVE Temp. Ord. #1444 on H * first reading, SECONDED by C M o man• Kelly Carpenter -Craft, City Planner, read the amendments into the record. C/M Hoffman said the amendments would allow an occupant of a strip shopping center to be exactly the same distance as a free standing building and Mrs. Carpenter -Craft agreed. Mrs. Carpenter -Craft continued reading the amendments. She said the amendment concerning kitchens would require stores, such as convenience stores► to have special exceptions to operate a kitchen -type facility. C/M Hoffman asked if stores with microwave ovens need a special exception and Mrs. Carpenter -Craft replied, yes. Mayor Abramowitz Opened and Closed the Public Hearing with no response. VOTE: ALL VOTED AYE Page 31 V 9/27/89 With no further business, Mayor Abramowitz ADJOURNED this meeting at 5:20 P.M. IMAN ABRAMOWITZ, MAYOR v� CAROL A. EVA S, CITY CLERK "This public document was promulgated at a cost of $214.00 or $26.75 per copy to inform the general public, public officers and employees of, recent opinions and considerations of the City Council of the City of Tamarac." CITY OF TAMe AC APPR VED AT MEETING S Ow"ark M 1 1 1 Page 32