HomeMy WebLinkAbout1988-02-17 - City Commission Special Meeting Minutes•
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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
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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
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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
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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
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2/17/88
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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