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HomeMy WebLinkAbout2006-05-02 - City Commission Special Meeting MinutesSPECIAL CITY COMMISSION WORKSHOP MEETING TUESDAY, MAY 2, 2006 TAMARAC CITY HALL 7525 NW 88 AVENUE, ROOM 105 TAMARAC, FL 33321 CALL TO ORDER: Mayor Flansbaum-Talabisco called the Special Workshop Meeting of the City Commission to order on Tuesday, May 2, 2006, at 8:10 a.m., in Room 105, Tamarac City Hall, 7525 NW 88 Avenue, Tamarac, FL. PRESENT: Mayor Beth Flansbaum-Talabisco, Vice Mayor Edward C. Portner, Commissioner Patte Atkins -Grad, Commissioner Marc L. Sultanof, and Commissioner Harry Dressler. ALSO PRESENT: City Manager Jeffrey L. Miller, City Attorney Samuel S. Goren, Deputy City Manager Michael C. Cernech, and City Clerk Marion Swenson. Mayor Flansbaum-Talabisco led the pledge of allegiance. City Manager Miller gave an overview of the presentation and said this is a precursor to the visioning sessions scheduled for May 4 and 5. Economic Development Officer Berns gave a presentation on the economic development plan. Commissioner Sultanof questioned Tamarac's involvement with the Broward Alliance, and asked about the status of our Chamber of Commerce, and the status of the caveat between Sawgrass Infiniti and the City of Tamarac regarding their pursuit of a four -star hotel for Tamarac. Economic Development Officer Berns said under the current leadership the Alliance is better than it used to be. Some of the hotel people we talked to have come to us through the Broward Alliance; membership in the Chamber is now up to 175 and retention and recruitment of members has improved. Economic Development Officer Berns said with regard to the caveat, to the best of his knowledge the dealership has not been aggressively working on it. City Manager Miller said the automobile group owns the property that was set aside for the hotel and there have been discussions with their attorney regarding recruitment of a hotel. It is only within the past year that the hotel market has rebounded after 9/11, and this may be a more opportune time to pursue a hotel for that property and the City has been informed that a business hotel is a more appropriate use for that property. Mayor Flansbaum-Talabisco said as much as she would love to have a four -star hotel in Tamarac, it would not be appropriate in that part of town. An upscale business hotel would make more sense given the location, but bringing in a hotel Special Workshop May 2, 2006 Page 1 of 9 seems to be a challenge. Mayor Flansbaum-Talabisco asked who would take the lead on the project; whether the agreement was in written form; and if the Infiniti dealership is a member of the Chamber of Commerce. Economic Development Officer Berns said he is cautiously optimistic; Tamarac would have to take the lead. City Manager Miller added we have a written agreement; the property is zoned for hotel use in our plan, the county's plan and the DRI. When Fairbanks bought the land the city told them the only thing that could be built on that property is a hotel. Economic Development Officer Berns said the dealership has not joined the Chamber. Commissioner Sultanof recalled a conversation he had with them about joining the Chamber and added when asked to name the dealership Sawgrass Infiniti in Tamarac, Mr. Terry said no. However, with regard to City Furniture's partnership with the City, when asked to advertise their location as being in Tamarac they immediately had Tamarac added to all their trucks. Commissioner Dressler questioned Sawgrass Infiniti's purpose in purchasing the property at the Commerce Center and City Manager Miller said it was with the idea to convince Tamarac to rezone the property for expansion of their auto business. Commissioner Dressler said auto dealers usually purchase land around their dealerships for storage. The dealership's intentions need to be clarified; they made a commitment in writing which has not been fulfilled. Commissioner Dressler said we must find an appropriate way to communicate to the owner and make it clear that we do not like people who make agreements and do not keep them; this is adverse to the interests of the city. Economic Development Officer Berns said he would reach out to the dealership and look for a way to establish that which was originally planned. Vice Mayor Portner asked if there is any land left and he would prefer ongoing commercial business at that location rather than a hotel. City Manager Miller responded the dealership purchased the entire parcel. Vice Mayor Portner said he would like investors to look at the area at State Road 7 between Commercial and Prospect on the west side of the site, as this is a prime area for redevelopment. Vice Mayor Portner questioned a brownfield area in Tamarac at approximately 26th street, and asked if this was used as a parking lot at one time. Public Works Director Strain confirmed the area is a contaminated site, but since it is low level contamination it is not a priority for the DEP to make Tamarac clean it up. We continue to test the land and as time goes by the levels will drop; it should remain contaminated for about another five years. Vice Mayor Portner asked staff to search for funding to clean up the lot. Public Works Director Strain said the property, about a Y2 acre site, is used for City storage, which is beneficial to the City. While he does not know the value of the property, it may not be worth the $100,000 to decontaminate it. The site is not severe enough to qualify for funding, but staff would continue searching for funding. Vice Mayor Portner spoke of Diamante's Restaurant being for sale and asked if the city knew what Special Workshop May 2, 2006 Page 2of9 was going to become of the property. Economic Development Officer Berns said he would speak with the owners. Commissioner Atkins -Grad asked if Sawgrass Infiniti was affiliated with another Chamber of Commerce and Economic Development Officer Berns said it is not. Mayor Flansbaum-Talabisco asked what types of new businesses are being recruited, and spoke of changing demographics and the needs of the residents, for example, children's clothing stores, restaurants, shoe stores, things that people need daily, and added she would like to see things ratcheted up. Mayor Flansbaum-Talabisco questioned the status of the Economic Foundation and said she expected to see something tangible from the Economic Development Foundation. Economic Development Officer Berns said it is a question of being aware of what we have to work with, e.g., the land parcels, and what might be a good mix for Tamarac. The Broward Alliance provides us with many contacts, but it is hard to infill businesses into this area when there is competition from surrounding communities. He will try to find businesses that do not have a presence in nearby areas; as the city gets younger and more diverse, there are opportunities for Tamarac to be noticed by large companies that did not previously want to come to Tamarac. Economic Development Officer Berns explained that Main Street would expedite a lot of these processes, and the Economic Development Foundation is a good resource for Tamarac. City Manager Miller added the group, made up of leading business people from the community, meets once each month and is very active. They provided much input for our five-year update. Commissioner Dressler wondered if we are looking at an appropriate scale for our strategy. We may need to find a developer to come in and take over the strip malls and create a Town Hall type of project consisting of buildings with several stories, mixed use with condos, apartments, offices, etc. There are a lot of 1970's type strip malls in Tamarac and the scale of our thinking must be redirected and perhaps Tamarac should look more toward redevelopment. Economic Development Officer Berns explained that redevelopment is new to Tamarac and the challenge this year is to formulate a policy and attract developers to come to Tamarac. Economic Development Officer Berns spoke of his trip to St. Petersburg and the redevelopment that has been going on there. Commissioner Sultanof spoke of malls being taken over and redevelopment in Oakland Park, and said along University Drive and Commercial Boulevard some types of mixed use would not be apropos. Main Street, however, is different. Additionally, there is an opportunity for redevelopment on a stretch near Prospect and Commercial in District 1. Mayor Flansbaum-Talabisco spoke of the exciting resurgence in Wilton Manors and suggested Tamarac look into what that city is doing and how they dealt with incorporating shop owners who have been there for a long time into their vision. Special Workshop May 2, 2006 Page 3 of 9 Vice Mayor Portner asked about the status of annexation and Director of Community Development King responded the Community Development department has had some staffing problems over the past few months, but they are still on track. Everyone in the affected areas was notified either by phone or letter, but there has not been a 100% approval rating for voluntary annexation. Before coming back to the Mayor and City Commission to request involuntary annexation, Director of Community Development King said he needed to confirm with a few property owners. City Attorney Goren said there is an election process that goes along with involuntary annexation as the people involved also must have the opportunity to vote on the issue, and there must be a plurality for voluntary annexation. Director of Community Development King said he expects to have something to the Mayor and City Commission this Fall. If we go involuntary, there must be an election and then an additional year before they are incorporated into the City. City Attorney Goren said the local Bill must get to the legislature by September/October, and there is a separate track for these types of procedures. Vice Mayor Portner asked if this could be fast tracked and said he had correspondence from some residents in that area who wanted to be part of Tamarac. City Attorney Goren spoke of pre -annexation agreements and Director of Community Development King said there is a developer in that area who wanted his project to become part of Tamarac. There was discussion regarding building to Tamarac's zoning and code requirements and City Attorney Goren said some property owners may be willing to establish a pre -annexation agreement, but if the annexation does not go through the agreement is then void. Director of Community Development King said the development of the townhouses went through all the county processes and at this point they are being built in conformity with County code. Mayor Flansbaum-Talabisco asked staff to find a few hours to take the Mayor and City Commission on a tour of neighboring cities that also faced redevelopment issues, and to point out the pros and cons of what these cities have done. Director of Community Development King spoke about the Main Street Project which is approximately 127 acres located between University Drive and 94tn Avenue. Last fall the Mayor and City Commission approved rezoning of the entire corridor to a MXD Zoning District. Director of Community Development King said South Florida lacks identity and the Main Street project will stimulate economic growth and provide advertising for the community. The architectural guidelines for the MXD use will provide a sense of place to the residents and as we transition from east to west through the corridor, people will know they are in Main Street in Tamarac. Director of Community Development King spoke of orientation toward 57t" Street with promenades, on -street parking and a long linear area, and said the study indicated the Main Street Project is feasible Special Workshop May 2, 2006 Page 4 of 9 provided we have unique features in the corridor. Economic Development Officer Berns said he has met with several developers and after initial discussions he found the greatest interest from developers was for the Midway Plaza. Economic Development Officer Berns spoke of a possible site plan that may come before the Mayor and City Commission at a future date for the area from Pine Island Road to 94t" Avenue, comprising approximately 5 acres. Commissioner Sultanof expressed concern over what would happen to Beth Torah and the Buddhist Temple in that area and whether they would be relocated. Commissioner Sultanof also noted a request from the ALF for the City to purchase the property which they, in turn, would lease from the City. City Manager Miller said when talking with larger developers the developers indicated if the City helped acquire the properties they would purchase them back from the City and enter into a partnership with Tamarac. City Manager Miller said he would like the Mayor and City Commission to think about setting up a revolving fund for about $15 million to purchase individual properties so we can market to individual developers. The owners on the north side of the street would be interested in redevelopment proposals, but the City has not yet spoken to the Buddhist Temple. We will try to relocate them within the area but nobody is closed to relocation in a different area if it is in their interest and everyone is willing to talk at this point. Mayor Flansbaum-Talabisco expressed concern about the Main Street Project orientation toward 57tt' Street and people driving along Commercial Boulevard looking at barracks type buildings, and also asked whether there is a need to revisit the landscaping code. Mayor Flansbaum-Talabisco added she would like to revisit the guidelines given the magnitude of this and other projects coming down the line, and the Mayor and City Commission needs to be educated on what it means to exceed the minimum requirements of other cities. Director of Community Development King explained one of the development regulations is that the properties have double fronted buildings, and the existing landscape code is always under scrutiny. Commissioner Atkins -Grad left the room at 9:30 a.m. and returned at 9:33 a.m. Director of Community Development King added Tamarac keeps up with industry standards and the Tamarac code is more stringent than other cities. The 57 Street right of way will meet and/or exceed the Mayor and City Commission's expectations. Commissioner Sultanof spoke of the bank on 57t" Street and how drive-ins will be accommodated. Commercial Boulevard is the main street for Tamarac and he believes an overpass by the Chevron station is in the works and hopefully when that is built the Chevron station will move out of that area so the City can use that property for a gazebo. Special Workshop May 2, 2006 Page 5 of 9 Commissioner Sultanof left the room at 9:35 a.m. and returned at 9:40 a.m. Commissioner Dressler said he agrees with a pool of money to acquire property but was concerned about the impact on pricing of the property. City Manager Miller said there has been a little bit of a depression in land prices in that corridor and the City might get a better rate; we are in a good position for establishment of a revolving fund for those types of purchases. Vice Mayor Portner asked about a garage on the Main Street project and said he attended several new urbanism conferences and parking garages bring people into the area. Vice Mayor Portner asked how many shops are anticipated for the Main Street project and suggested rather than large anchor stores, boutiques from select department stores be instituted in the development. Director of Community Development King said several properties have been identified as good locations for garages but on -site parking is also required for each development. If we can meet the on -site parking needs we will not have to concentrate as much on parking garages. We do not want to have to tell the property owners we have identified their property as an area for a garage and take development rights away from them. It is truly up to the property owners how they would like to maximize their sites. The new development regulations under the MXD zoning more than tripled the options for development. It will depend on the property owners and tenants as to the size of their shops; anchor stores would require more space. We are encouraging developers to provide a variety of bays with small and large business opportunities. Commissioner Atkins -Grad spoke of Sawgrass Mills and the new boutiques they just opened, which changed the feeling of the mall. Vice Mayor Portner expressed his objection to strip malls with parking in front, asked if roof gardens will be allowed, and questioned whether a certain number of dwelling units would be rentals and whether additional density for rentals could be incorporated into the code. Vice Mayor Partner said there are more classes of people besides firefighters, police and teachers who need affordable housing, and asked if the $15 million previously discussed would be a public/private partnership. Director of Community Development King said there is an opportunity for the development community to look into greening buildings but there are no incentives for developers to move forward with greening at this point. This is a new wave across the nation and the City of Coconut Creek has moved in this direction. Developers will not be discouraged from incorporating roof gardens into their plans. The City does not get into the ownership/rental arena; that is up to the private property owner. Opportunities for MXD zoning increased to 10 units per acre. City Attorney Goren explained the state law may be changed this year with regard to affordable housing, and this would impact the cities. City Manager Miller said the structure for the $15 million has not yet been developed; basically the City would purchase property and then sell it to developers. It will be done with City money and the private sector is not involved. Special Workshop May 2, 2006 Page 6 of 9 Commissioner Dressler said he supports the Vice Mayor's strategy to provide incentives for affordable housing and this is a huge issue for everybody. Tamarac should be on the leading edge and find creative solutions. It is important to do everything we can for the middle class as they are having a hard time finding rental units. City Attorney Goren said Tamarac is not the only City grappling with this issue. Some cities are purchasing land for allocation of units; others are adopting ordinances to provide for affordable housing. Tamarac is on the cutting edge and we are making decisions ahead of the County. Commissioner Dressler thanked Economic Development Officer Berns and the staff for a great job. Commissioner Sultanof asked if properties above the stores at Mizner Park which was originally called City Place are rentals or condos, and questioned flex units for Tamarac. Director of Community Development King said six months ago the Mayor and City Commission were given a presentation regarding allocation of flex units, and the Mayor and City Commission approved moving 2,000 flex units to the Main Street project. City Attorney Goren left the room at 9:55 a.m. and returned at 9:58 a.m. Mayor Flansbaum-Talabisco said the idea of roof gardens is terrific and she would like to see that encouraged. Additionally, with the new aquatic center and the two schools all in one area a parking garage may be the way to go and we may want to look into a partnership with the schools. Mayor Flansbaum- Talabisco questioned impact to the schools with regard to the Main Street ingress/egress at 94t" Avenue. Director of Community Development King said traffic studies were done based on traffic today and projected traffic and the analysis was that there are no traffic problems. Alternatives are being looked at to alleviate the congestion that occurs at the open and close of the school day. Mayor Flansbaum-Talabisco spoke of the area along 57t" Street in the area of 81' Avenue to University Drive, and said either side of Commercial Boulevard needs to be looked at to conform to those streets west of University Drive; this should be looked at sooner than later. Vice Mayor Portner asked about water availability for the 2,000 flex units and Utilities Director Gagnon said that is being studied now. Economic Development Officer Berns said according to a current issue of South Florida Business Journal there is movement away from condo conversion in Tamarac. Mayor Flansbaum-Talabisco recessed the meeting at 10:05 a.m. and reconvened at 10:20 a.m. with all present as before. Special Workshop May 2, 2006 Page 7 of 9 Community Development Director King gave a presentation on development review and building processes and said there are three opportunities for the Mayor and Commission to have input into the process. The first opportunity is the Comprehensive Plan, then land development code and then when the item comes before them at a Commission meeting. Commissioner Sultanof spoke in favor of the temporary certificate of occupancy and said people appreciate this. Vice Mayor Portner asked what happens if an applicant meets all requirements of the City and the Mayor and Commission decide not to approve the item. City Attorney Goren responded if an applicant meets every item of the code and land development application and the process has been provided, both procedural and substantive, and decisions are based on competent substantial evidence, the Commission must approve the item. There are different requirements for each use and decision making should not be based upon plebiscite (the public telling you, more generally referred to as mob rule). Case law says decisions must be based on procedural and conceptual due process. The public has the right to be heard. The Mayor and Commissioners have an obligation and fiduciary duty to make decisions. Staff does an excellent job presenting the facts and if an item meets the requirements, then it is approvable by the Mayor and Commission. Vice Mayor Portner asked when all these requirements began and City Attorney Goren spoke of a Supreme Court decision at the turn of the last century, Euclid v. Ambler, U.S.S.CT. This is the first decision that dealt with zoning and police powers of local government. In 1985 the State of Florida adopted the Comprehensive Planning Act (Growth Management Act). There was discussion regarding the initiation of codes and land use, and Commissioner Sultanof and Commissioner Dressler said it dates back to the Magna Carta. Commissioner Dressler said even further back Roman generals sometimes gave plots of conquered land to soldiers who had done a good job. Mayor Flansbaum-Talabisco said it appears there is a big space between land development code and when the Mayor and Commissioners can have input in a Commission meeting. Community Development Director King spoke about quasi judicial items and the fact that in South Florida, municipalities have a lot of scrutiny of all applications that come before them for land development. Tamarac has very stringent rules. The governing board has the right to regulate how the community looks. Mayor Flansbaum-Talabisco said she grapples with the procedural aspect. City Attorney Goren said the applicant has more of a burden to support rezoning of property than site plans. The Commissioners have more discretion in rezoning than in the site plan process and more opportunity to regulate reasonably, fairly and rationally. City Manager Miller said by the time most development projects reach the Mayor and Commission they do not resemble the initial plans the developer presented to the City. Staff works diligently with developers so the projects conform to what the City wants. Mayor Flansbaum-Talabisco wanted to know when questions could be asked prior to Special Workshop May 2, 2006 Page 8 of 9 the items coming before the Mayor and Commissioners and City Manager Miller said that would violate the process. Commissioners can say they have reviewed the plans and make recommendations as to changes they would like to see and bring those up at a meeting. If three Commissioners agree the applicant can be directed to make those changes. Community Development Director King said in the past applicants have been amenable to making modifications based on Mayor and Commission concerns. Vice Mayor Portner said while we can tell developers what we want, we must realize they will pass those costs down to the purchasers. Mayor Flansbaum-Talabisco said at the end of the day, she would like to be able to drive around town and be proud of what the Commission has approved. It is important to remember what we can and can not do in chambers. Community Development Director King said staff can provide a definitive set of guidelines that will assure consistency throughout the City and that can be incorporated in the code. Mayor Flansbaum-Talabisco said she would like to see this. Commissioner Sultanof said while he agrees with Vice Mayor Portner we now have one of the best atmospheres for the developers to come to our City and he is concerned that too many restrictions will drive developers away. Community Development Director King said ultimately it would be at the discretion of the Mayor and Commissioners if they wish to have an ordinance drafted and Commissioner Sultanof said he would like to see some guidelines. Mayor Flansbaum-Talabisco said she does not want to drive anyone away, but guidelines would be helpful. Mayor Flansbaum-Talabisco spoke about conceptuals and said she wants to be able to see something between what the developer provides as an initial design and the final product. Community Development Director King said there are a lot of different software programs available, but they are expensive. He can ask the developers to provide different elevations for the Mayor and Commission and work with developers for key points and overall shots of the development; perhaps what it will look like when first constructed and what it will look like down the road several years. Community Development Director King will try to incorporate that into the code while trying to keep the costs of the presentations and materials down so the costs do not get passed to the purchaser. Mayor Flansbaum-Talabisco said she would be happy with that. There being no further business to come before the Mayor and Commission, Mayor Flansbaum-Talabisco adjourned the special workshop meeting at 11:25 a.m. _ ,Marion Swenson, CMC City Clerk Special Workshop May 2, 2006 Page 9 of 9