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HomeMy WebLinkAbout1988-02-17 - City Commission Special Meeting Minutes• 5811 NORTHWEST 88TH AVENUE 0 TAMARAC, FLORIDA 33321 TELEPHONE (305) 722-5900 MAIL REPLY TO: P.O. BOX 25010 TAMARAC, FLORIDA 33320RE_COAD OF COUNCIL ACTIONSLDISCUSSIONS NOTICE OF CITY COUNCIL SPECIAL MEETING TAMARAC, FLORIDA There will be a Special Meeting of the City Council on Wednesday, February 17, 1988, at 5:05 P.M., in the Council Chambers of City Hall, 5811 NW 88 Avenue, Tamarac, Florida. The public hearing will be held on the following: 1, - MOTION TO ADQPT Temp. Ord. 11_13Z6 on first reading amending the City Code by creating Article XVIIE of Chapter 28 of the Code to be entitled B--7 (General Commercial District). FINAL ACTIONi DENIED on first reading. Public hearing was held. 2. MOTION TO AUTHORIZE additional compensation of $6,500.00 to Scharf & Associates for architectural services for the redesigning of the Public Services Administration Complex on Nob Hill Road. FINAL ACTIONw APPROVED. The City Council may consider and act upon such other business as may come before it. The public is invited to attend. Pursuant to Section 286.0105, Florida Statutes -- Carol E. Barbuto :;scides to appeal any docisicln t d,. f,)y the City Clerk 10 .- n malt^ C31t dC;�I'c^C:'2t such YnCj14;n' ; .: ^,......., a >•:'T•^.-d Rt tf�'u 'X n 5 r ' rj icy that J AN EQUAL OPPORTUNITY EMPLOYER POLICY OF NONDISCRIMINATION ON THE BASIS OF HANDICAPPED STATUS CITY COUNCIL SPECIAL MEETING WEDNESDAY, FEBRUARY 17, 1988 CALL TO ORDER: Mayor Hart called this Special meeting to order on Wednesday, February 17, 1988, at 5:05 P.M. in the Council Chambers. PRESENT: Mayor Bernard Hart Vice Mayor Sydney M. Stein Councilman Bruce Hoffman Councilman Henry Rohr Councilman Jack Stelzer ALSO PRESENT: John P. Kelly, City Manager Richard Doody, City Attorney Patricia Marcurio, Secretary Pauline Walaszek, Special Services Secretary 1. PUBLIC HEARING - MOTION TO ADOPT Temp. Ord. #1376 on first reading amending the City Code by creating Article XVIIE of Chapter 28 of the Code to be entitled B-7 (General Commercial District). SYNOPSIS OF ACTION: DENIED on first reading. Public hearing was held. City Attorney Doody read Temp. Ord. #1376 by title. Thelma Brown -Porter, City Planner, said this item was creation of a B-7 zoning district. She said the creation was being sought because of a parcel of property located on Commercial Boulevard and 31st Avenue, adjacent to Three Lakes Plaza. She said the property was being considered as part of the annexation for the City of Tamarac. She said in an effort to annex the property, a compatible zoning district was needed. She said staff recommended the zoning of the property be changed to reflect the same zoning district as listed in Broward County. She said the recommendation was per the State Statute, which indicated the zoning on the property at this time should remain for at least a 2 year time period. She said the Ordinance went before the Planning Commission on February 10, 1988, and staff outlined the different uses in the B-7 zoning district. She said there were concerns regarding the B-7 zoning which are as follows: (1) The height of the buildings in a County Zone (in B-7 this would be 100-feet). (2) The plot coverage would be 55% (of which the City only allows a 40% coverage). Mrs. Brown -Porter said the Planning Commission reviewed the procedure and decided that the zoning change would not be in the best interest of the City and chose to deny the application. * C/M Stelzer MOVED to DENY Temp. Ord. #1376, SECONDED by * C/M Rohr. City Manager Kelly said when he began his employment with the City of Tamarac, the City Council asked him to focus on economic development and annexation. He said two Page 1 1 2/17/88 years ago, 10 businesses per month are entering the City and now, 30 businesses per month are entering the City; however, annexation was a disappointment. He said the City has been courting the Sartori parcel for more than 5 years without success. He said several months ago, the City Planner and himself met with Mr. Sartori and Larry Kramer, Architect, to encourage them to pursue a voluntary annexation into the City. He said Mr. Sartori wanted to continue with the uses he has in the County and, if he came into the City, that law at that time stated that he would maintain the zoning rights for the next two years. He said the City intended to allow Mr. Sartori to grandfather his zoning rights into the City; however, the City was advised that grandfathering this would not be in the best interest of the City. He said because of the advice, a General Zoning criteria was needed in order for Mr. Sartori to apply for annexation. He said if a General Zoning criteria was developed, anyone could apply which would adversely impact all of the properties in the City of Tamarac. City Manager Kelly said if staff had known that there was no reason to consider a B-7 zoning proposal because extension of time was not permitted for only the Sartori parcel, the proposal would never have been considered. He apologized for the way the matter was handled and for the conflict it has caused. He said the B-7 proposal should never have left the negotiating table and he recommended this Item be denied. C/M Hoffman said he would like to see Mr. Sartori annex his property to the City of Tamarac; however, a B-7 zoning district would not be in the best interest of the City. He said he would vote to deny the B-7 zoning. C/M Rohr said he has always heard and listened to the advice of the Planning Commission because of their thoroughness in investigating matters; therefore, he would also vote to deny the B-7 zoning. V/M Stein said a benefit to having Mr. Sartori come into the City would be tax purposes. He said there never should have been a proposition for B-7 zoning and Mr. Sartori was not in the City of Tamarac at this time. He said if Mr. Sartori stayed in the County or annexed with Oakland Park, he would be able to build whatever they allowed him to. He said it would benefit the City if negotiations could continue with Mr. Sartori; however, he would vote to deny the B-7 zoning. C/M Stelzer said it was unfortunate that the residents thought that the B-7 zoning would be approved. He said he would vote to deny the B-7"zoning. Mayor Hart said in the future, this property may be annexed to the City of Tamarac. He said the property's tax would be an asset to the City; however, negotiations must be done in order to acquire an acceptable Agreement. He said there were concerns about the property costing the City money and, because of the concerns, he spoke with Mrs. Brown -Porter. He said he asked Mrs. Brown -Porter what the City's cost would be if this property was annexed and Mrs. Brown -Porter produced an Economic Impact Statement, which was required by the State for zoning. Page 2 "✓ 2/17/88 Mayor Hart said 4 other properties were inquired about for annexation besides the Sartori parcel and the properties were developed residential. He said the residents, if annexed, would be paying 25% less for water and saving $5.98 per month for garbage collection. He said the total cost to the City for implementation and paper work, for the 5 parcels would be $410,819.00. He said there would be $15,000.00 that would not be charged again because the amount was for the paper. work. Mayor Hart said the following additions would be needed for the City of Tamarac if annexation was approved: 3 police officers, 1 community service aide, 2 police vehicles and a new pumper for the fire truck. He said the total of the additions would be $410,000.00 and the cost for maintaining the Sartori property if annexed would be $100,000.00. He said the income to the City for Occupational Licenses and for the apartments Mr. Sartori wants to build would be an income of $380,000.00 at build -out. He said the City would be profiting $280,000.00 plus other miscellaneous taxes. He said if Mr. Sartori entered the City by annexation, he would have to comply with the City Code. Mayor Hart Opened the Public Hearing. Norman Abramowitz, resident of 8212 NW 85th Avenue, said at the Planning Commission meeting, the Chairman asked Mrs. Brown -Porter who created the legislation. He said Mrs. Brown -Porter did not answer the question and he asked if a Department Head could create legislation without the City Council's approval. He said the legislation required an extent of expenditure for advertising, time and effort of the Planning Commission, the call for a Special meeting and residents leaving their jobs and homes to attend the Special meeting. He said he understood that the City Manager and the City Planner were the persons who created the legislation without consulting the City Council. He said the legislation should not have been allowed without consulting with the City Council. Mayor Hart said the City Council had the utmost confidence in the City Staff because they were the best in Broward County. He said the Planning Commission was obligated to research and investigate any application brought before them; therefore, they were not wasting their time. He said anything that went to the Planning Commission for zoning must appear before the City Council for approval; therefore, Special City Council meetings were not a waste of time. City Manager Kelly said this issue arose from negotiations and the legislation was not designed by the City Staff. He said the Ordinance was drafted by the matters discussed in the negotiations with the Planning Department and with Mr. Sartori's representatives. He said it was Mr. Sartori's representatives' intention to secure the rights they had with the County. Mr. Belly said when someone came to the City with a proposal, the matter was pursued and it was not going to the City Council until the final approval was needed. He said it was not the City Council's right to stop a matter until it came before them. He said the process was followed correctly and he agreed that the matter should not have gone as far as it did. Page 3 LI .. 2/17/88 Mr. Kelly said he did not see the matter as a disaster until Mr. Hyman Fox informed him of the process rezoning the entire City. He said the City staff was very interested in getting the matter to the City Council for approval on annexation and not on the fact that it would impact the whole City. He apologized for staff's errors and he said he was reprimanded by the City Council for the error. C/M Hoffman said the City of Tamarac was a City Manager type Government which meant that the City Manager and the Department Heads administered the City. He said the City Council considers what the Administrators recommend and then legislates what they feel would be in the best interest of the City. Burton Schneider, resident at 8016 NW 72nd Street, said he was representing the Woodmont Propertyowners Association. He said he was pleased to see the City Council opposing the B-7 zoning. He said when an advertisement was printed in the paper stating that the residents' property was being threatened, the residents did not feel that it was wrong to appear before the City Council to defend their property. He said the Woodmont Propertyowners Association are unanimously opposed to the B-7 zoning. He asked the City Council to review the matter thoroughly before making a decision on something that would adversely affect the residents. Sid Dorfman, resident of Orchard Tree Lane, thanked the residents who appeared before the City Council to oppose the B-7 zoning. Carl Alper, resident, speaking on behalf of the Tamarac President's Council, said they unanimously voted against the B-7 zoning. Bernard Newman, resident, said this Ordinance should not be a surprise to the City Council because it has been in negotiations for a year. He said Mrs. Brown -Porter, Arthur Gottesman and himself met to draft a Resolution and an Ordinance concerning businesses entering the City of Tamarac. He said when the Ordinance was drafted, there was mention of allowing 10 story buildings for the City. Mayor Hart Closed the Public Hearing with no further response. VOTE: ALL VOTED AYE 2. MOTION TO AUTHORIZE additional compensation of $6,500.00 to Scharf & Associates for architectural services for the redesigning of the Public Services Administration Complex on Nob Hill Road. SYNOPSIS OF ACTION: APPROVED. City Manager Kelly said Scharf & Associates was the company hired to design and provide the construction, services for the Utilities/Public Works Complex located on Nob Hill Road. He said in the design there was a disadvantage to the public because the customer service function on 61st Street would be relocated in the new complex. He said the relocation of the Public Services Administration would inconvenience the residents because Page 4 �/ "" 2/17/88 1 1 they would have to go further west and there would be a liability for the public to go into an area where there were Public Works and Utility vehicles entering and exiting. Mr. Kelly said by taking the Public Services Administration out of the original design plans, the City would be saving a minimum of $197,460.00 for the combined building and site reduction with a cost up to $263,860.00. He said the present building would have to be refurbished; however, it would cost the City more to relocate it. He said the cost had been $8,210.00 to redesign the plans and, through negotiations, the cost was reduced to $6,500.00. He said the City Council authorization was needed so the construction could continue. He said the City Attorney would create an Agreement and it would be presented to the City Council at the next regular meeting. * C/M Rohr MOVED to APPROVE the additional compensation of * $6,500.00 to Scharf & Associates for the redesigning of the * Public Services Administration Complex, SECONDED by C/M * Hoffman. VOTE: ALL VOTED AYE Vickie Beech, resident, asked City Manager Kelly to explain what was approved. City Manager Kelly said the City had a contract for consulting services with Scharf & Associates. He said the firm designed the Utilities/Public Works Complex, which would be located on Nob Hill Road. He said the design was completed, which included the Customer Service portion of the City's Utility Complex. He said putting Customer Service on Nob Hill Road would be an inconvenience to the general public because of the travel involved and because there was no median cut there for the access to the parcel. He said there would be a liability and a risk because the Public Works and Utility trucks would be entering and exiting the property. He said to retain the existing Customer Service where it presently is, the building would have to be refurbished. He said Scharf & Associates had already finished the design for the Utilities/Public Works Complex and, because there was a time frame involved, the Customer Service design had to be deleted from the existing plan and redesigned. He said w_ the original cost for the redesign was $8,210.00 and, after negotiations, the amount was reduced to $6,500.00, based on the existing contract. He said the City could save $25,000.00 on construction costs and the project was in the City's best interest. Mayor Hart ADJOURNED this meetin at 5:50 P.M. ARD HART,MAYOR CAROL E. BARBUTO, CITY CLERK "This public document was promulgated at copy to inform the general public, public recent opinions and considerations of the Tamarac." CITY OF TAMARAC APPROVED AT MEETING OF5121glg Page 5 a cost of $58.50 or $1.63 per officers and employees of City Council of the City of