Loading...
HomeMy WebLinkAbout1989-10-10 - City Commission Regular Meeting MinutesRECORD OF COUNCIL ACTIONS/DISCUSSION CITY OF TAMARAC CITY COUNCIL REGULAR COUNCIL MEETING TUESDAY, OCTOBER 10, 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, 1989, as "SPINAL HEALTH MONTH". FINAL ACTION: PRESENTATION was made to Dr. Mattera. 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. City Clerk a. MOTION TO APPROVE the minutes of the following City Council meetings: 1. 8/24/89 - Special Meeting 2. 9/08/89 - Special Meeting FINAL ACTION: APPROVED 2.a.1. and 2.a.2. b. MOTION TO APPROVE renewal of a model sales permit and waiver of the 300--foot distance requirement for issuance of certificates of occupancy for LAKES OF CARRIAGE HILLS for a six-month period from 11/13/89 to 5/13/90. FINAL ACTION: APPROVED. Page 1 10/10/89 2. c. MOTION TO APPROVE renewal of a model sales permit for VERSAILLES GARDENS for a six-month period from 10/22/89 to 4/22/90. FINAL ACTION: APPROVED. d. MOTION TO APPROVE renewal of a model sales and a inistrative office and waiver of the 300-foot distance requirement for issuance of certificates of occupancy for WOODMONT TRACT 74/75, Site Plan #2, for a six-month period from 10/28/89 to 4/28/90. FINAL ACTION: APPROVED. Engineering/Utilities e. MOTION TO APPROVE rejection of all bids received under Bid #89-51, Additions to Water Treatment Plant, TUW Project 86-14B, due to insufficient CIAO funding. FINAL ACTION: APPROVED. CONSIDERATIONS General Administrative 3. MOTION TO APPROVE final release of retainage in the amount of 4,602,06 to Thomas W. Ruff & Co. of Florida for furnishings supplied to the Tamarac Municipal Complex/Police Facility. FINAL ACTION: APPROVED. 4. DISCUSSION AND POSSIBLE ACTION on minimum square footage requirements in residential areas. FINAL ACTION: City Council wishes to have a study and survey completed of the surrounding cities. City Manager to report on time frame for completion. ORDINANCES General Administrative 5. MOTION TO ADOPT Temp. Ord. #1457 on first reading adopting and enacting a new Code for the City of Tamarac. FINAL ACTION: REMOVED at the City Manager's request. PUBLIC HEARINGS - 7:30 P.M. Community Development 6. 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: ORDINANCE NO. 0-89-31 PASSED. Public Hearing was held. APPROVED on second reading. Page 2 10/10/89 7. PUBLIC HEARING - MOTION TO ADOPT Temp. Ord. #1444 on second reading to amend Section 28-171 of the Code pertaining to distance requirements for delicatessens and restaurants in special exception requirements. FINAL ACTION: ORDINANCE NO. 0-89-32 PASSED. Pu lic Hearing was held. APPROVED on second reading. S. PUBLIC HEARING - MOTION TO ADOPT Temp. Ord. #1446 on first reading to amend Chapter 18 of the Code pertaining to off street parking. FINAL ACTION: Motion to Approve defeated. RESOLUTIONS PUBLIC HEARINGS - 7:30 P.M. Community Development 9. PUBLIC HEARING - MOTION TO ADOPT Temp. 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: RESOLUTION NO. R-89-261 PASSED. Public Hearing was held. APPROVED. Public Works De artment 10. MOTION TO ADOPT Temp. Reso. #5560 authorizing the appropriate City officials to execute an agreement with Broward County pertaining to Trafficways Illumination on Rock Island Road from Commercial Boulevard to NW 44 Street. FINAL ACTION: REMOVED at City Manager's request. OPEN PUBLIC FORUM 11. OPEN PUBLIC FORUM - Any member of the public who wishes to a dress the City Council at this time must, in advance of the item, give his/her name and address to the City Clerk. REPORTS 12. City Council 13. City Manager 14. City Attorney 15. MOTION TO ADOPT Tem . Reso. #5569 authorizing the appropriate City officials to execute an agreement with Carla Coleman for consultant services for review of the City Charter. FINAL ACTION: RESOLUTION NO. R-89-262 PASSED. APPROVED. Page 3 10/10/89 16. MOTION TO APPROVE various seminars and courses to be attended by certain members of the Fire Department during Fiscal Year 1989/90. FINAL ACTION: APPROVED. 17. MO_TION TO ADOPT Temp. Reso. #5568 approving the use of BROOKWOOD PLAZA for a craft fair to be sponsored by Kit N' Kaboodle, 7160 W. Mc Nab Road, from 10/28/89 through 10/29/89. FINAL ACTION: RESOLUTION NO. R-89-263 PASSED. APPROVED. 18. DISCUSSION AND POSSIBLE ACTION on hearing date for Westport Development of Regional Impact (DRI). FINAL ACTION: Hearing date was set for an evening meeting on Thursday, December 21, 1989, at 7:30 p.m. * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * 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. J � Carol A. Evans City Clerk SPECIAL CITY COUNCIL MEETING Wednesday, October 11, 1989 at 7:30 P.M. - Public_ Hearing on the Comprehensive Plan and other items. 1 Page 4 10/10/89 CITY OF TAMARAC CITY COUNCIL REGULAR MEETING TUESDAY, OCTOBER 10, 1989 CALL TO ORDER: Mayor Abramowitz called this meeting to Order on Tuesday, October 10, 1989 at 7:00 P.M. in the Council Chambers. MEDITATION AND PLEDGE OF ALLEGIANCE: Mayor Abramowitz called for the Pledge of Allegiance followed by a Moment of Silent Meditation. DDVaV"M. ABSENT AND EXCUSED: ALSO PRESENT: Mayor Norman Abramowitz Vice Mayor Dr. H. Larry Bender Councilman Bruce Hoffman Councilman Henry Rohr Councilman Jack Stelzer Mike Couzzo, Acting City Manager Richard Doody, City Attorney Carol A. Evans, City Clerk Karen Bushe, Special Services Secretary Mayor Abramowitz announced that there would be a Special Council meeting held tomorrow night (Wednesday, October 11, 1989) at 7:30 P.M. to hear the scheduled Public Hearings. Mayor Abramowitz wished the residents a very Happy New Year. INTRODUCTION 1. PRESENTATION by Mayor Abramowitz of a proclamation designating October, 1989, as "SPINAL HEALTH MONTH". SYNOPSIS OF ACTION: PRESENTATION was made to Dr. John Mattera. Mayor Abramowitz read the proclamation and presented it to Dr. John Mattera. Dr. Mattera said he was proud and honored to accept the proclamation from the City on behalf of his patients and staff. ORDINANCES General Administrative 5. MOTION TO ADOPT Temp. Ord. #1457 on first reading adopting and enacting a new Code for the City of Tamarac. SYNOPSIS OF ACTION: REMOVED at the City Manager's request. * V/M Bender MOVED to REMOVE Temp Ord. #1457 from the Agenda * at the City Manager's request, SECONDED by C/M Hoffman. Page 1 10/10/ 89--pw VOTE: RESOLUTIONS Public Works Department ALL VOTED AYE 10. MOTION TO ADOPT Teem. Reso. #5560 authorizing the appro- p into City- officials to execute an agreement with Broward County pertaining to Trafficways Illumination on Rock Island Road from Commercial Boulevard to NW 44 Street. SYNOPSIS OF ACTION: REMOVED at the City Manager's request. * C/M Rohr MOVED to REMOVE Temp. Reso. #5560 from the Agenda * at the City Manager's request, SECONDED by V/M Bender. ffsy" AGENDIZED BY CONSENT ALL VOTED AYE 18. DISCUSSION AND POSSIBLE ACTION on hearing date for Westport Development o Regional Impact (DRI). SYNOPSIS OF ACTION: AGENDIZED by Consent. (SEE PAGES 5 and 21 for Final Action) * V/M Bender MOVED to AGENDIZE this Item by Consent as Item 18, * SECONDED by C/M Rohr. VOTE: ALL VOTED AYE CONSENT AGENDA - ITEM 2 a. through e. City Clerk 2. a. MOTION TO APPROVE the minutes of the following C—,-ty CCouncil meetings: 1. 8/24/89 - Special Meeting 2. 9/08/89 - Special Meeting SYNOPSIS OF ACTION: APPROVED 1 and 2. b. MOTION TO APPROVE renewal of a model sales permit and waiver of the 300-foot distance requirement for issuance of certificates of occupancy for LAKES OF CARRIAGE HILLS for a six-month period from 11/13/89 to 5/13/90. SYNOPSIS OF ACTION: APPROVED. c. MOTION TO APPROVE renewal of a model sales permit for VERSAILLES GARDENS for a six-month period from 10/22/89 to 4/22/90. SYNOPSIS OF ACTION: APPROVED. d. MOTION TO APPROVE renewal of a model sales and admini-- str t e office and waiver of the 300-foot distance requirement for issuance of certificates of occupancy for WOODMONT TRACT 74/75, Site Plan #2, for a six-month period from 10/28/89 to 4/28/90. SYNOPSIS OF ACTION: APPROVED. 1 11 1 Page 2 10/10/89-pw 1 1 Engineering /Utilities e. MOTION TO APPROVE rejection of all bids received under B8id 9-51, Additions to Water Treatment Plant, TUW Project 86-14B, due to insufficient CIAC funding. SYNOPSIS OF ACTION: APPROVED. * C/M Hoffman MOVED to APPROVE the Consent Agenda, Item 2 a. * through e, SECONDED by C/M Rohr. VOTE: CONSIDERATIONS General Administrative ALL VOTED AYE 3. MOTION TO APPROVE final release of retainage in the amount of $4,602.06 to Thomas W. Ruff & Co., of Florida for furnishings supplied to the Tamarac Municipal Complex/ Police Facility. SYNOPSIS OF ACTION: APPROVED. * C/M Rohr MOVED to APPROVE this Item, SECONDED by C/M Hoffman. City Manager Kelly said this request was for approval of the final release of the retainage for all of the furnishings that were provided for the Police Facility. He said the furnishings were reviewed and approved after installation by the designer and Broward Sheriff's Office Commander McIntosh, VOTE: ALL VOTED AYE 4. DISCUSSION AND POSSIBLE ACTION on minimum square footage requirements rn residential 1 areas. SYNOPSIS OF ACTION: Cry Council wishes to have a study and survey completed of the surrounding Cities. City Manager is to report on the time frame for completion. C/M Hoffman said he would like a study and survey done regarding the best possible use of square footage for residential areas. He said he was not convinced that the City Code addressed this matter appropriately. He said he would like to review a study and survey in order to determine what would best serve the City. He asked that the City Council direct the City Manager, City Attorney and Community Development Department to meet regarding this item and report to the City Council regarding the period of time it would take to review this matter. He said he did not want this matter to proceed for several months. Mayor Abramowitz said he was very interested in this matter because it was needed in the City. C/M Rohr and V/M Bender agreed with C/M Hoffman's suggestions. Page 3 I 10/10/89-pw Mayor Abramowitz said he did not object to the City Council receiving as much information as possible before acting on a matter. C/M Hoffman said he would like to see a report submitted by the City Manager as soon as possible regarding the time frame for the survey and study. He said he wanted staff to realize that this matter needed to be resolved as soon as possible. City Manager Kelly said he would meet individually with the City Councilmembers regarding the time needed for this matter. He said the City's staff had a very tight time frame this year because of the budget restraint; therefore, outside assistance may be needed. General Administrative 15. MOTION TO ADOPT Temp pr-'i e Cityy officials Coleman for consultant Charter. SYNOPSIS OF ACTION: APPROVED. Reso. #5569 authorizing the appro- to execute an agreement with Carla services for review of the City RESOLUTION NO. R-89-262 - PASSED City Attorney Doody read Temp. Reso. #5569 by title. * V/M Bender MOVED to APPROVE Temp. Reso. #5569, SECONDED by C/M Rohr. City Manager Kelly said this matter has been discussed several times during the past several months. He said because of the Legislative Session, Carla Coleman was not able to assist the City in reviewing the Charter until this time. He said Ms. Coleman was the Director of Governmental Relations of Florida Atlantic University and previously served as a Senior Research Associate for the FAU/FIU Joint Center. He said he worked with Ms. Coleman on the Charter Review Board for Broward County. City Manager Kelly said the proposal submitted to the City by Ms. Coleman was to do a complete review the Charter, meet with the Charter Board, City Council and staff, individually and as a Body. He said Ms. Coleman projected to have the study completed by January 2, 1990 and the cost would be approximately $3,000.00. He said $1,500.00 would be paid when the agreement was approved and $1,500.00 would be submitted after the study was completed. City Manager Kelly said this study was long overdue and it would provide a professional perspective to the City. Mayor Abramowitz said he understood that Ms. Coleman was very qualified to do this study and he was looking forward to Ms. Coleman's report. Weboom ALL VOTED AYE 16. MOTION TO APPROVE various seminars and courses to be attended by certain members of the Fire Department during Fiscal Year 1989/90. SYNOPSIS OF ACTION: APPROVED. 1 1 1 Page 4 10/10/89--pw * V/M Bender MOVED to APPROVE this Item, SECONDED by C/M Rohr. City Manager Kelly said during the budget process, the City Council approved travel for the Fire Department to various seminars. He said the approximate cost was $2,400.00 and the majority of the allocation would be expended for the travel to the National Fire Academy in Emmittsberg, Maryland. He said the Academy paid for the overall costs; however, the City paid the costs for travel and part of the meals. City Manager Kelly said any travel of a Department that would pertain to overnight accommodations had to be approved by the City Council. He said some members of the Fire Department would be attending the Academy this month and the request was for City Council approval of the expenditure for the allocated funds. VOTE: Community Development ALL VOTED AYE 17. MOTION TO ADOPT Tem Reso. #5568 approving the use of P BROOKWOOD LAZA oor�a craft fair to be sponsored by Kit N' Kaboodle, 7160 W. McNab Road, from 10/28/89 through 10/29/89. SYNOPSIS OF ACTION: RESOLUTION NO. R-89-263 - PASSED APPROVED. City Attorney Doody read Temp. Reso. #5568 by title. * V/M Bender MOVED to APPROVE Temp. Reso. #5568, SECONDED by * C/M Hoffman. Kelly Carpenter -Craft, City Planner, said the request was from Kit N' Kaboodle to hold a craft fair at Brookwood Plaza on October 28 and 29, 1989. She said there would be 25 tables provided for the participants and the Plaza was aware that the applicant provided a Hold Harmless Agreement and Certificate of Insurance to the City. She recommended approval of this request. VOTE: ALL VOTED AYE AGENDIZED BY CONSENT Community Development 18. DISCUSSION AND POSSIBLE ACTION on hearing date for Westport Development of Regional Impact (DRI). SYNOPSIS OF ACTION: AGENDIZED by Consent on Page 2. Public Hearing was scheduled for Thursday, December 21, 1989, at 7:30 P.M. Kelly Carpenter -Craft, City Planner, said the City received an application for development approval, which was referred to as the Westport Development of Regional Impact (DRI). She said this was for land development in the south half of Land Section 7 and was proceeding under Chapter 380 of the Florida Statutes. She said this law required that the City and South Florida Regional Planning Council, act on a proposed Development Order. Mrs. Carpenter -Craft said the South Florida Regional Planning Council and City staff have been in the process of reviewing the proposed application of development with Page 5 10/10/89-pw the applicant since March, 1989, to determine the sufficiency of the application. Mrs. Carpenter -Craft said the South Florida Regional Planning Council issued a Notice of Sufficiency late last week and, under the Statute, the City Council must set a Public Hearing date for the reading of the Development Order after the Sufficiency Statement was issued. Mrs. Carpenter -Craft said the substance or the sufficiency of the application was not to be discussed at this time. She said the action at this time was for a Public Hearing date and Chapter 380 stated that the Hearing must be advertised at least 60 days before the Hearing was held. She said the Hearing could be held on December 21, 1990; however, this was a day meeting and she recommended that the Hearing be set for January 10, 1990, at 7:30 P.M. because the Hearing had to be held in the evening. Mrs. Carpenter -Craft said the applicant's Counsel was present and indicated that they would like to have the Public Hearing held prior to the closing business of the year, which would be December 31, 1989. Mayor Abramowitz asked why Mrs. Carpenter -Craft suggested that the Hearing be held on January 10, 1990, as opposed to December 21, 1989. Mrs. Carpenter -Craft said although staff has been involved in the review of the DRI applications in the past, they have had sole responsibility as the lead person. She said she would prefer that staff be given more time to review the Development Order because it was the only DRI that the City may have. She said there was no point after 7 months of sufficiency to rush the action within a 60 day period. City Manager Kelly said this matter was very important and the South Florida Regional Planning Agency felt that things would go smoothly. He said staff hoped that everything would go smoothly and they would have the time to review the Development Order sufficiently by December 21, 1989; however, this could not be guaranteed. He said staff wanted to make sure that their recommendations to the City Council was in the best interest of the City. City Manager Kelly said the City Council meeting of December 21, 1989, could be changed to an evening meeting. He said he discussed the costs for staff to review the Development Order and the applicant did not object to paying for those costs; however, the cost factor was the concern of staff but the time needed to review the application was also a concern. Mayor Abramowitz asked if the City had to wait 60 days to call a meeting on this matter and Mrs. Carpenter -Craft said the Statutory minimum for advertisement was 60 days. Mayor Abramowitz asked if staff could review the application sufficiently by December 21, 1989, and Mrs. Carpenter -Craft said the South Florida Regional Council would meet with staff and present to the City and applicant the conditions that were to be in the Development Order. 1 1 u Page 6 10/10/89-pw Mrs. Carpenter -Craft said the appointed Body would meet on November 6, 1989, to approve, deny or revise staff's proposal. She said the applicant would prepare a proposed Development Order and submit it to the City for its review, comments and/or revisions. She said staff would like to review the Development Order at least 14 days before the Hearing so a substantial review could be done and finalized by all involved. Ed Stacker, Attorney from Ruden, Barnett, McClosky, Smith, Schuster and Russell, said his firm was the Counsel for the applicant of the Development Order. He said this issue was very important to his client and he was requesting action that would not compromise the process or the position of the City's staff. He said staff has been very cooperative through the process and there were several agencies that reviewed the applicant for development approval. Attorney Stacker said the Development of Regional Impact was a proposed development of such magnitude that would impact other jurisdictions; therefore, a State and Regional review was needed. He said there were several entities and agencies, including the City, that have been reviewing the application for several months. Attorney Stacker said the South Florida Regional Council, who implemented several disciplines, determined that the application was sufficient and the procedural step was for the local government to now publish a public notice within 60 days. Attorney Stacker said he was asking the City to recognize the applicant's request for business reasons to act on the Development Order before 1990. He said the applicant was willing to work with the City's staff in this review and he suggested that a Public Hearing be set for December 21, 1989 at 7:30 P.M., and, if necessary, additional Public Hearings could be called. Attorney Stacker said the applicant was meeting with the South Florida Regional Council on October 17, 1989, regarding a preliminary conditions meeting. He said the boilerplate provisions would be provided and, on October 20, 1989, another meeting with the South Florida Regional Council would be held in which a final report and recommendation would be submitted. He said the South Florida Regional Council would be meeting on November 6, 1989, to finalize their vote on the staff assessment. Attorney Stacker said he understood the City's desire to have an evening meeting and he would not try to avoid this. He asked that the City Council agree to authorize and enact the Statutory requirement to hold a meeting within 60 days, which would be December 21, 1989. He suggested that the City Council schedule December 21, 1989, as an evening City Council meeting. He said nothing precluded the City from advertising and holding a public hearing on December 21, 1989, and, if an agreement was not in order at that time, the applicant could request another hearing date. He said the applicant could not accomplish the goal without the City's cooperation in setting the meeting. Attorney Stacker said he felt that a sufficient review could be done within this time frame. (SEE PAGE 21 for Final Action) Page 7 10/10/89-pw At 7:25 P.M., Mayor Abramowitz RECESSED this meeting and RECONVENED at 7:30 P.M. with ALL PRESENT. PUBLIC HEARING - 7:30 P.M. ORDINANCES Community Development 6. PUBLIC HEARING - MOTION TO ADOPT Temp. Ord. #1443 on second read ni g to amend Chapter 21 of tFe' Code to provide for regulation of all signs within the City. SYNOPSIS OF ACTION: ORDINANCE NO. 0-89-31 - PASSED Pudic Heard g was held. APPROVED on second reading. City Attorney Doody read Temp Ord. #1443 by title. * V/M Bender MOVED to APPROVE Temp Ord. #1443 on second reading, * SECONDED by C/M Hoffman. C/M Hoffman said since the first reading of this Ordinance, there have been revisions; however, there may be matters to consider in the future. He said before the City Council considered this matter, there were several omissions in the Ordinance, such as Page 6, should include, "pavement adjacent to the sign". City Attorney Doody said his concerns were that there may be an existing measurement stated in the Ordinance; however, he would review this matter. Mayor Abramowitz asked if C/M Hoffman's changes could be included in the Motion and City Attorney Doody said this would depend on the number and severity of the changes. C/M Hoffman said Page 16, fourth paragraph, "be" should be added to "shall "be" equal to the cost removal". He said Page 18(d)(1), "above the road measured at the edge of the pavement adjacent to the sign", should be added. He said Page 23(b)(3), "shall not exceed 6 feet in height", should read, "shall not exceed 6 feet in height from the side of the road". City Attorney Doody said he would prefer that amendments be brought back and C/M Hoffman said these were not amendments but changes that should have taken place after the first reading. C/M Hoffman said Page 27(5), should state, "all elevations should be measured from the paved side of the road adjacent to the sign". C/M Rohr suggested that the changes be listed and incorporated in the Motion and Mayor Abramowitz said he did not object to the revisions; however, he did not want them to create problems in the future. C/M Hoffman said the revisions were not changes but corrections and Mayor Abramowitz asked if the corrections could be made without complications. City Attorney Doody said the Motion could be to Approve the Ordinance reflecting the changes submitted by C/M Hoffman. : 10/10/89-pw * V/M Bender MOVED to AMEND his Motion for Approval of Temp. * Ord. #1443 to include the changes recommended by C/M Hoffman, * C M Hoffman AMENDED his Second. V/M Bender said C/M Hoffman's recommended changes would assist the enforcement of the Ordinance because the measurements would be easier from the edge of the road as opposed to trying to figure where the crown of the road would be. Mayor Abramowitz Opened the Public Hearing. Bill Lastrom, Attorney for Baers Furniture, said his concern was with the existing signs that would be non -conforming; namely, Baers Furniture. He said the draft was submitted to him this morning; therefore, he did not have a significant time to review it. TAPE 2 Attorney Lastrom said the non -conforming Ordinance; particularly, the one year clause for compliance, would invite litigation against the City. He said he has several on -going litigation cases with the Cities of Fort Lauderdale and Plantation. He said there has been a comprise solution with the City of Plantation to avoid their automatic enforcement of the Ordinances requiring landowners without compensation to take down their signs and replace them with new signs. He said the case law was very doubtful that the City had authority to enter into retroactive Ordinances. Attorney Lastrom said he was more concerned about the businessman's perspective because the signs cost between $10,000.00 to $50,000.00 to replace. He said in some instances, there would be buildings closer to the highway because the highway was widened. He said there was a clause allowing waivers to be requested by the City Council for certain circumstances; however, in the past, when hardship was not defined in the Ordinance, it eliminated the hardships of economics, which were self-created because a person gave up property as dedication. Attorney Lastrom said the people that were not conforming with the Ordinance may not have been given specific notice that non -conforming signs had to be replaced within one year; therefore, they were not in attendance. He said this was very important and he did not have the opportunity to participate during the Sign Advisory Task Force meetings because he was not informed of the meetings until recently. Attorney Lastrom said the business community may not be aware of the height size and setbacks and he suggested that Page 33, Section 21-12(a), be deleted and (b) become (a) . C/M Hoffman asked when the Baer Furniture sign was erected and Attorney Stacker said approximately 15 years ago. C/M Hoffman said there was a Sign Ordinance in effect for 4 years prior to this Ordinance, which would have made that sign a non -conforming sign. He said the sign should have been in compliance 8 months ago; however, in consideration of review of the matter and the Ordinance may be amended, the City waived the enforcement of the previous Ordinance. Page 9 10/10/89--pw C/M Hoffman said if this Ordinance was not approved, the sign would have to be changed to conform with the existing Sign Ordinance. He said Attorney Lastrom's argument was not appropriate because the sign has been non -conforming for four years. C/M Hoffman said the City posted and advertised their meetings for the public and it would be unreasonable for the City to be expected to send a special invitation to everyone that may not be conforming. Attorney Lastrom said by making the suggested change in the Ordinance, the City would repeal the prior Ordinance which would have an adverse affect on the business community. C/M Hoffman said there were several eyesores in the City and, in order to implement Attorney Lastrom's suggestion, the Ordinance would not be effective. He said the people who have caused the problems in the City would not change unless the City enacted and enforced an Ordinance of this type. C/M Hoffman said a business person who had to provide additional expenses to come into compliance with the Ordinance would feel that they were being singled out. He said based on information from other Cities, this would not be an unusual situation because the Cities had the right to correct and enforce the Ordinances. He asked City Attorney Doody for his comments. City Attorney Doody said he felt the Ordinance was valid or he would not have allowed the action by City Council. He said there was criteria for hardship in the Ordinance, the Ordinance consisted of many changes and there was room to fine tune it. He said there was a waiver provision and, if Attorney Lastrom's client met the hardship provision, this waiver process could be used. City Attorney Doody suggested that Attorney Lastrom submitted written recommendations to the City Council regarding changes. Mayor Abramowitz said when the Sign Advisory Task Force was created it consisted of a member from the Chamber of Commerce, businessmen, sign companies and staff. He said staff was directed to beautify the City when reviewing and revising the Sign Ordinance. He said he heard several complaints regarding businesses having signs in compliance and businesses across from them not having appropriate signs. He said these complaints were valid. Mayor Abramowitz said C/M Hoffman stated that there was an existing Sign Ordinance which allowed 5 years for compliance; however, the businesses did not comply with the Ordinance. He said the proposed Sign Ordinance was enforceable in the best interest of the City and, if there were grievances from the businesses, there were avenues available for the businesses to take. C/M Hoffman said when the Sign Advisory Task Force was created, the Code Enforcement Department was ready to write citations because the conformity time had expired. He said the Sign Advisory Task Force requested that the City Council declare a moratorium pending the adoption of a new Sign Ordinance. He said this was requested to allow businesses, such as Baers Furniture, to have an additional year for compliance when they were already Page 10 10/10/89-pw granted 5 years to comply. He said if the business would have conformed to the previous Ordinance, they would have been in conformance with the proposed Ordinance. He said the Sign Advisory Task Force was very careful in protecting the businesses that conformed to the existing Ordinance. Attorney Lastrom said his concern in a non -compensation Ordinance was because the City Council could change the Ordinance at any time. He asked the City Council to allow the businesses to review the proposed Ordinance before voting it. Edgar Pryor, First National Tax Services, said his business had a sign on the west side of State Road 7, south of Commercial Boulevard. He said in reviewing the Ordinance, he found that his sign would have to be removed. He said the sign was worth approximately $10,000.00 and he was never informed about the revised Ordinance. He said he accidentally found out about the revisions two weeks ago and he received the draft of October 3, 1989, today. Mr. Pryor said the draft referred to a Sign Advisory Task Force and other efforts by the City to enact a new Sign Ordinance. He said he was never informed about this matter and there were not that many non -conforming signs in the City. He said if the Ordinance was enacted, the non -conforming sign owners would be informed to remove their signs. Mr. Pryor said it was unfortunate that the City did not do this at the beginning of the process. He said he was never given the opportunity to meet with the Sign Advisory Task Force. He said the last time he was aware that there may be a change in the Sign Ordinance was several years ago and, during this time, non -conforming signs were grandfathered in. He said he assumed that his sign would be grandfathered in; however, he found out tonight by C/M Hoffman that there was an existing Sign Ordinance enacted, which rendered his sign as non -conforming. He said he was not aware of this matter and was not given the opportunity to give input on the matter. Mr. Pryor said there were several sign owners that were not given the opportunity to express their concerns because it was shrouded in secrecy. He asked if it was proper to place a businessman in a position where a $10,000.00 sign had to be removed without giving him the opportunity to speak on it. Mr. Pryor asked that the City allow the businesses to meet with staff and inform the City of their objections and concerns. He said this would provide a reasonable compromise that would be sufficient to everyone involved. He said if there were signs in the City that were not attractive, the sign owners should be allowed to meet and decide how the problems could be corrected, then recommend a solution to the City. C/M Hoffman said the Sign Advisory Task Force has been meeting for one year and the meetings were advertised. He said the businesses have had a year to comply with the previous Sign Ordinance, request a waiver, or recommend revisions of the Sign Ordinance. He said to ask the businesses who caused the eyesore to present a solution to the City was not the way to correct the problems. Page 11 10/10/89-pw C/M Hoffman said the only criticism the City had regarding the Sign Ordinance, until tonight, was that it was not restrictive enough. He said people suggested that all ground signs be eliminated, as was done in the City of Coral Springs. He said this was not implemented because the Sign Advisory Task Force felt that this would not be fair to the businesses. C/M Hoffman said the City did not want to cause people undue hardship; however, a sign with fourteen colors and 25 to 30 feet in the air, it was not the image the City wanted to have in its business section. He said the businesses could petition the City Council to make changes; however, this was how and why the Sign Ordinance was created. C/M Hoffman said the Sign Ordinance was not created in secrecy and one of the members of the Sign Advisory Task Force was affected by this Ordinance. Mr. Pryor said the person C/M.Hoffman referred to was a neighboring business and Mayor Abramowitz asked if this was the first time Mr. Pryor became aware that there was a Sign Advisory Task Force. Mr. Pryor said he did not know about the proposed Sign Ordinance until two weeks ago. Mr. Pryor said when the City advertised for meetings, they were placed in the legal notices of the paper. He said he did not read legal notices and C/M Hoffman said there has been information in the news section several times. Mr. Pryor said he did not doubt this; however, he never read this information. He said he was sure that there were several businesses in the City that had non -conforming signs. Mayor Abramowitz said a compilation did not exist in the City at this time and Mr. Pryor said this would occur very soon. Mayor Abramowitz said this would occur once Code Enforcement began issuing citations for non -conforming signs. Mr. Pryor said the City could have compiled the list of non -conforming signs before the Ordinance was presented for approval, which would have afforded the businesses the opportunity to confer. He said the City of Coral Springs barred signs by deed restriction and nobody in the City of Coral Springs was asked to trash a $10,000.00 sign because there were never such signs. Mr. Pryor said a merchant residing in the City of Coral Springs knew what signs they had to erect. He asked that the City Council allow the business owners to provide their input on the matter. He said the City Council had every right to pass an Ordinance of this type and all he was asking was that the City allow the businesses affected by the Ordinance to express their concerns. Mr. Pryor said he discussed this matter with that member of the Sign Advisory Task Force a few days ago and the member believed that he did not have to remove the sign. He said when the member agreed to the findings of the Sign Advisory Task Force, he was under the impression that all he would have to do was reduce the height of the Page 12 10/10/89-pw sign to 12 feet. He said he informed this member that the sign had to be eliminated. He suggested that the City Council ask this member if this was true. Marty Riefs, Representative of Lennar Homes, Inc., said he was concerned with the non -conforming community directional and identification signs in the existing residential areas. He said Page 29 of the Ordinance indicated that the size of the sign would be determined upon the width of the right-of-way. He said if a right-of-way was 60 foot wide, it was indicated that the base sign area shall be 28 square feet. He said the definitions did not indicate anything for a base sign area; however, there was a definition for a sign area. He asked if the 28 square feet would be the definition of a sign area. Mr. Riefs said the sign area was not the overall square footage of the overall sign. He said communities placed their identification signs on a sign median; therefore, he was asking if 28 square feet pertained to the actual size of the sign placed on the structure. C/M Hoffman said 28 square feet was the actual size of the structure and 28 square feet could be used for all of the letters, if needed. He said the structure was the sign and Mr. Riefs would be entitled to 28 square feet on each side. Mr. Riefs said on this basis, the existing signs of the communities would be appearing before the City Council for a waiver because the signs may exceed 28 square feet. C/M Hoffman said in preparing the Ordinance the Sign Advisory Task Force insisted that the people have the right to appeal for a waiver. He said the Sign Advisory Task Force felt that the City Council should hear hardships and make a decision in granting a waiver. He said it was realized that everyone would not be satisfied and that someone would have a hardship. Mayor Abramowitz Closed the Public Hearing with no further response. Mayor Abramowitz said the City tried very hard to be fair and equitable to all segments of the residents when preparing the Ordinance. He said he was concerned with the City becoming a State Road 7 by Broward Boulevard. He said several people informed him, justifiably, that their business was located across the street from a hodge-podge sign and the City was asking their business to beautify its sign. Mayor Abramowitz asked the City Manager to designate someone in the Building Department to hear hardships and, if needed, bring the concerns before the City Council. He said he felt that the waiver provision in the Code may create a lot of work for staff for signs that were not actually hardships. Fie said many of the existing non -conforming signs were non -conforming several years ago and the signs could not continue to be non -conforming. He said the City would do everything they could to be fair to those hardship cases; however, the priority of the City was to make the City beautiful by having the signs conforming. He said in order to meet Page 13 10/10/89-pw the demands of the City, some people would be hurt; however, the City would do the best it could in judging the hardships individually. C/M Rohr said when he became a Councilmember 4 years ago, there were several discussions regarding beautification in the City; however, beautification has been a topic for several years. He said the City Council had to make decisions in the best interest of the City and there was no way the City could assist the businesses in compensating for the removal of non -conforming signs because of budgetary reasons. C/M Rohr said there came a time when compliance had to be mandated and for many years the City allowed non -conforming signs, which has multiplied and magnified the signage in the City. He said the City Council wanted to begin beautifying the City as opposed to continuing the non-conformance. City Manager Kelly said he was a member of the Board of Directors of the Chamber of Commerce and he suggested that the business community who were not active with the Chamber of Commerce become active because it was a Board that tried to reach out to the business community. He said the three business people serving on the Sign Advisory Task Force were not arbitrarily selected by the City; however, the Chamber of Commerce designated members to the Sign Advisory Task Force. City Manager Kelly said the Chamber of Commerce had a newsletter for their members which provided a great deal of information regarding the proposed Sign Ordinance. He said the businesses that were not active with the Chamber of Commerce should consider becoming active with them because it was an assistance to the businesses. City Attorney Doody said he did not feel that the comment regarding the challenge of the Ordinance not being properly advertised was legitimate; however, he suggested that the City Council adopt the Ordinance subject to C/M Hoffman's recommended changes. He said there was an amendment to the Ordinance suggested by staff and he would incorporate that amendment in the Ordinance and bring it back to the City Council for approval. C/M Hoffman said the Ordinance could be approved as written and amendments could be brought back to the City Council in the future for further consideration. City Attorney Doody said this was his suggestion. * V/M Bender WITHDREW his Motion to Approve Temp. Ord. #1443 * subject to the changes recommended by C/M Herman, and C M * Hoffman WITHDREW his Second. * C/M Hoffman MOVED to APPROVE Temp. Ord. #1443 as written, * SECONDED by C/M Rohr. VOTE: ALL VOTED AXE 7. PUBLIC HEARING - MOTION TO ADOPT Temp. Ord. #1444 on second reading to amend Section 28-171 o the Co e pertaining to distance requirements for delicatessens and restaurants in special exception requirements. Page 14 10/10/89-pw SYNOPSIS OF ACTION: ORDINANCE NO. 0-89-32 - PASSED Public Hear ni g was held. APPROVED on second reading. City Attorney Doody read Temp. Ord. #1444 by title. * C/M Rohr MOVED to APPROVE Temp Ord. #1444 on second reading, * SECONDED by V/M Bender. Kelly Carpenter -Craft, City Planner, said this request was to change the requirements for restaurants and delicatessens concerning the distance between the structure in which the restaurant or delicatessen was located to the nearest residential property line. She said presently, a free standing building was required to be 100 feet from the nearest residential property line and a tenant in a multi -tenant building was subjected to the requirement that any part of the structure in which the restaurant or delicatessen was located must be no less than 100 feet from the nearest residential property line. Mrs. Carpenter --Craft said if a tenant in a multi -tenant building was in a portion of the building which was 300 feet away but, the structure was still within 100 feet of the residential property line, the restaurant or delicatessen could not operate at that location. Mrs. Carpenter -Craft said the proposal was to allow language that the free standing building or the bay in a multi -bay building be 100 feet from the nearest residential line. She said the Planning Commission recommended approval of the Ordinance at their September 6, 1989 meeting and she recommended approval. Mayor Abramowitz Opened the Public Hearing. Bill Lastrom, Attorney, asked what the definition for delicatessen was under the City's Code. He said he wondered if this would pertain to premade sandwiches from a sandwich machine or for sale elsewhere. Mrs. Carpenter -Craft said the Code did not define a delicatessen per se. She said the Code indicated "kitchen" in the definition of a restaurant and delicatessen. She said "kitchen" was an on -premises facility for the preparation of food, included but not limited to, sinks, stoves, ovens, refrigerators, preparation tables, packages and storage equipment used in the on -site preparation of food. Mayor Abramowitz said if the foods were not placed in a microwave on the premises, it did not constitute a restaurant or delicatessen. He said if the food was not prepared on the premises, it was not considered as a restaurant or delicatessen. C/M Hoffman said the Ordinance would be liberalizing the Code because the Code presently stated that a free standing building must be 100 feet away from a residential property line. He said the Code presently indicated that if a restaurant or delicatessen business wanted to locate in a strip shopping center in a bay 1,000 feet away from a residential property line, it would not be permitted because the edge of the building may be closer than 100 feet. Page 15 10/10/89-pw C/M Hoffman said the Ordinance was trying to permit a restaurant or delicatessen in a bay that was not closer than 100 feet from a residential property line. TAPE 3 Mayor Abramowitz Closed the Public Hearing with no further response. VOTE: ALL VOTED AYE 8. PUBLIC HEARING - MOTION TO ADOPT Temp. Ord. #1446 on -first read n� g to amend CTapter 18�the Code pertaining to off street parking. SYNOPSIS OF ACTION: Public Hear ni g was held. DENIED. City Attorney Doody read Temp Ord. #1446 by title. * V/M Bender MOVED to APPROVE Temp. Ord. #1446, SECONDED by * C/M Hoffman. Kelly Carpenter -Craft, City Planner, said the Planning Commission recommended approval of this change. She said the City received an application for a multi -family development and staff was informed that the parking requirements were more stringent in size than any of the surrounding Cities. She said this was varied and Tamarac did have larger spaces than the surrounding Cities. She said the City required parking spaces to be 10 foot by 20 foot for multi -family and commercial developments. She said the surrounding Cities required 9 foot by 18 foot. Mrs. Carpenter -Craft said staff proposed several changes to the parking Code, which staff did not consider to be comprehensive in nature. She said for residential parking in multi -family areas, staff was proposing 9 feet in width and 18 feet in length, except for parallel parking. She said for non-residential spaces, staff was proposing that the spaces remain 10 feet in width and 18 feet in length. She said in multi -family residential areas, the condominium association or rental manager could police where there were large vehicles parked in a 9 foot space; however, this could not be done in a non-residential development; therefore, a 10 foot width was being recommended. Mrs. Carpenter -Craft said staff recommended that handicapped parking space requirements be reenforced and she said the following language was being added, "under minimal amount of parking in multi -family areas the requirements of handicapped spaces in multi -family residential areas shall be in conformance with the South Florida Building Code, 1984 Broward County Edition, as it may be amended from time to time.". Mrs. Carpenter -Craft said this language was being added because certain applicants were finding the requirements for multi -family confusing and were calculating it substantially less than what was required in the Building Code. She said the Parking Code authorized waivers but did not define hardship and this Ordinance would require applicants to be provided a cross parking agreement or that the uses of the site would be limited by those on Page 16 10/10/89-pw the site plan to uses which could be accommodated by the available parking. She said the Ordinance provided a description of hardship as it was defined in other Sections of the Code and she recommended approval of the Ordinance. C/M Hoffman said he listened to the Planning Commission meeting when this Item was brought before them. He said there was discussion regarding the requirement of a double or single line for the spaces. He asked what the difference would be. He said he would prefer a double line; however, he would like to know why the Planning Commission recommended the double line clause be removed from the Ordinance. Mrs. Carpenter -Craft said ultimately, the entire Commission did not approve of the double line clause being removed from the Ordinance; therefore, the change was not implemented. She said the difference was psychological as opposed to feasible. She said if the space was 9 feet wide, it was measured from center line to center line of the stripe. She said the notion was that double lines reenforced where the cars were supposed to be; however, a double or single line did not change the width of the parking space. Mayor Abramowitz Opened the Public Hearing. Marty Riefs, Representative of Lennar Homes, Inc., said the concern expressed at the Planning Commission meeting was that many of the residents were elderly and the double stripe would result in a 9 foot width being reduced to an area of 7 feet and 10 inches. He said a stripe was four inches on both sides and the measurement would occur from the center line between each stripe; therefore, the width of 9 feet would actually be reduced to 7 feet and 10 inches. Mr. Riefs said the concern was that the residents may have difficulty in removing their cars and he felt it would be better for the residents to have a 9 foot area as opposed to a 7 foot and 10 inch area. He said this was why the Planning Commission was ask -ad to consider eliminating the double line clause from the Ordinance and allow the existing single stripe. Mayor Abramowitz said staff felt that double striping should be used and Mrs. Carpenter -Craft said after Mr. Riefs' comments, she realized that the Planning Commission did approve the elimination of the double line clause. She said this Hearing was advertised before the Planning Commission took action; therefore, the Ordinance before the City Council was the same Ordinance that the Planning Commission considered. She said the Planning Commission did change the Ordinance to single line. C/M Rohr asked if he would be voting on single or double line parking spaces. City Attorney Doody said the Ordinance before the City Council contained a double line parking clause. He said the advertisement for this Ordinance indicated double line parking spaces; therefore, the title had to be readvertised if the action would be for single line spaces. C/M Hoffman said he felt it would be easier to park in spaces with double lines. Page 17 10/10/89-pw C/M Rohr said every area he has seen had single lines and he asked if the Code called for a double line; however, single lines were being implemented. Mrs. Carpenter -Craft said the Ordinance would change the single line requirement to a double line requirement. She said the reason the matter was advertised as a double line was because there would be a site plan before the City Council and, in order to accommodate the request, this Ordinance was advertised before the Planning Commission meeting. She said the Ordinance would have been changed to a single line as requested by the Planning Commission if it had not been previously advertised for the City Council. C/M Rohr said he went to several places that had double line parking spaces and the double lines provided more spacing between the cars. He said he did not agree with reducing the lines if it would create a lesser space for the cars. V/M Bender said the space would remain 9 feet in width regardless of whether the lines were double or single. Mrs. Carpenter -Craft said parking spaces in the surrounding Cities were 9 feet in width with a double line. She said double line spaces gave the drivers a feeling of larger space when, in fact, it was the same width as a single line parking space. C/M Rohr asked if the drivers had to restrict themselves to the inside lines or be allowed to park on the inside line without receiving a parking ticket. Mrs. Carpenter -Craft said the only time a ticket would be issued was on a public street. She said most of those spaces were parallel and were not affected by the Ordinance. City Attorney Doody said the existing Code provided for single line parking spaces and, if the City Council wanted single line spacing, the double line requirement in the proposed Ordinance could be struck from the Ordinance because it was less stringent than what was advertised. He said the City Council could make changes less than what was advertised. C/M Rohr asked if the existing areas with single line parking spaces have to change the spaces to double lines if the City Council approved the Ordinance with a double line requirement. Mrs. Carpenter -Craft said the existing areas would have to comply with double line parking spaces when they came in for a permit to restripe their spaces. C/M Rohr said there would probably be several existing communities that would be restriping within the next year and this was an additional cost. Mrs. Carpenter -Craft said the communities would probably find this as an advantage because they would be gaining parking spaces because of the decreased size. C/M Rohr said his condominium area has had enough parking with single stripes and he was not looking forward to additional costs for double striping. Page 18 10/10/89-pw Mayor Abramowitz asked Mrs. Carpenter -Craft what her recommendation would be on this matter and Mrs. Carpenter -Craft said if she had to recreate the Code requirements, she would not change the striping issue; therefore, she would continue with single striping. She said the issue was changing the parking spaces from 9 foot by 18 foot and staff complicated the change by thinking that a double stripe would aid in people's understanding that the spaces would be smaller. She said staff felt the double striping was better; however, the requirement was not worth denial of the Ordinance. C/M Hoffman said staff felt the double stripe was better; however, because there were objections, staff was not recommending double striping. Mrs. Carpenter -Craft said she was not suggesting that double striping be eliminated from the Ordinance because of the objections. She said Mayor Abramowitz asked her for her professional opinion and, in order to pass the Ordinance by October 18, 1989, the double line striping amendment would not have been implemented. C/M Hoffman asked Mrs. Carpenter -Craft if she felt it was better to have double striped parking spaces and Mrs. Carpenter -Craft replied, yes. Irving Lopatey, Resident, said he lived in a condominium for approximately 15 years and he understood that double lines would assist the residents in parking straighter. He said there were several condominiums that were very strict with the residents that parked over a said the business papers indicated that there line. was He a trend for larger cars and he felt that double stripping would create problems. Mayor Abramowitz Closed the Public Hearing with no further response. Mayor Abramowitz said he was looking at this requirement from a safety perspective. He said he felt that a double stripe would be confusing and he would prefer to see single striping. He said the City Council had to decide if the striping should be single or double. C/M Rohr said he favored single striping. C/M Hoffman said he favored double striping and he was not sure that the spaces should be reduced. He said this matter was presented but never discussed and he was not convinced that the parking spaces had to be smaller. He said the larger spaces were more feasible and safer for the residents. He said he would prefer the existing parking space sizes with a double stripe. V/M Bender said predicated upon the fact that the City of Coral Springs used double spacing effectively, he would prefer double spacing. Mayor Abramowitz said he was in favor of the Ordinance, except the clause requiring double striped parking spaces. He said he favored single striped parking spaces. C/M Rohr said the question before the City Council was having a 9 foot parking space with double line striping. Page 19 10/10/89-pw C/M Hoffman said he would vote for the 9 foot parking spaces with double line striping. City Attorney Doody said if there was a tie vote, the Motion on the floor would fail as per Roberts Rules of Order. VOTE: Mayor Abramowitz - Nay V/M Bender - Nay C/M Hoffman -- Nay C/M Rohr - Nay Mayor Abramowitz asked City Manager Kelly to direct the Community Development Department to review the Ordinance and bring it back to the City Council with staff's recommendation. C/M Hoffman asked if different parking spaces could be provided in different zoning districts and Mrs. Carpenter -Craft replied, yes; however, the Code did not indicate the areas by district. C/M Hoffman asked if this could be done and Mrs. Carpenter -Craft said the Ordinance was providing for the different zoning areas. RESOLUTIONS Community Development 9. PUBLIC HEARING - MOTION TO ADOPT Temp. 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 SYNOPSIS OF ACTION: Public ear ni g was held. APPROVED. RESOLUTION NO. R-89-261 - PASSED City Attorney Doody read Temp. Reso. #5561 by title. * C/M Rohr MOVED to APPROVE Temp. Reso. #5561, SECONDED by * C/M Hoffman. Kelly Carpenter -Craft, City Planner, said the request was for a special exception to operate a delicatessen at Commercial Plaza. She said the center was zoned B-2 (Planned Business) and was designated commercial on the Tamarac Land Use Plan map. She said the Zoning Code allowed a delicatessen with a special exception conditioned upon the following: 1. Bay contained in the delicatessen shall be 100 feet from the nearest residential property line. 2. The delicatessen must have an approved method of waste collection and applicant provide a copy of his contract with Southern Sanitation. 3. A plan for control and reduction or elimination of offensive odors was required and the applicant submitted this information. Mrs. Carpenter -Craft said the Planning Commission recommended approval at their September 6, 1989 meeting and she recommended approval. fl Page 20 10/10/89-pw F-1 f] Mayor Abramowitz Opened and Closed the Public Hearing with no response. VOTE: AGENDIZED BY CONSENT Community Development ALL VOTED AYE 18. DISCUSSION AND POSSIBLE ACTION on hearing date for Westport Development of Regional al Impact (DRI). SYNOPSIS OF ACTION: AGENDIZED by Consent on Page 2. Public Hearing was scheduled for Thursday, December 21, 1989, at 7:30 P.M. Mayor Abramowitz said Kelly Carpenter -Craft, City Planner, indicated that she preferred to hold the Public Hearing on this Item on January 10, 1990 at 7:30 P.M. Mrs. Carpenter -Craft said the applicant suggested that the Public Hearing be held on December 21, 1989, at 7:30 P.M. and staff would agree with this providing it was understood that if there was a problem, the Item could be deferred until a later date. Ed Stacker, Attorney for the applicant, said he was requesting that the City Council hear this Item on December 21, 1989, at 7:30 P.M. and, if there were any problems, the Item could be deferred until a later date. C/M Hoffman asked if the first City Council meeting would be held in the morning as opposed to the evening to accommodate the request for the meeting to be held on December 21, 1989, at 7:30 P.M. Mrs. Carpenter -Craft said the City Council could hold their regular meeting during the day and reconvene the meeting at 7:30 P.M.. She said December 21, 1989 was close to the Holiday Season and there may be other things occurring. Mayor Abramowitz suggested that a Motion be made to hold the December 21, 1989 City Council meeting in the evening as opposed to the morning. * V/M Bender MOVED to APPROVE the City Council holding their * second meeting of December on Thursday, December 21, 1989 * at 7:00 P.M. and, at 7:30 P.M., a Public Hearing for the * Westport Development of Regional Impact would be scheduled, * SECONDED by C/M Hoffman. VOTE: OPEN PUBLIC FORUM 11. OPEN PUBLIC FORUM There were no public speakers. REPORTS 12. CITY COUNCIL REPORTS -- No Reports. ALL VOTED AYE Page 21 10/10/89-pw 13. CITY MANAGER REPORT City Manager Kelly said he would be taking a vacation tomorrow to celebrate his parents' 54th Wedding Anniversary and he would not be returning until Monday, October 15, 1989. He said Mike Couzzo, Director of Public Works/Parks and Recreation, would be Acting City Manager. Mayor Abramowitz wished City Manager Kelly's parents a Happy Anniversary. 14. CITY ATTORNEY REPORT - No Report. With no further business, Mayor Abramowitz ADJOURNED this meeting at 10:10 P.M. NOA14AN ABRAMOWITZ, MAY CAROL A. EVA9S, CITY CLERK "This public document was promulgated at a cost of $143.40 or $17.93 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 TAMARAC APPROVED AT MEETING OF / ate- �f City Clerk I Page 22