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HomeMy WebLinkAbout1983-10-06 - City Commission Special Meeting Minutes6811 NORTHWEST 88TH AVENUE 0 TAMARAC, FLORIDA 33321 TELEPHONE (305) 722-5900 September 30, 1983 NOTICE OF SPECIAL MEETING CITY COUNCIL TAMARAC, FLORIDA, A Special Meeting of the City Council of Tamarac, Florida has been scheduled for Thursday, October 6, 1983 at 10:30 A.M. (ittmediately following the Council Agenda Workshop). The Special Meeting will be held in the Council Chambers at. City Hall, 5811 N. W. 88th Avenue, Tamarac, Florida. The purpose of the meeting is Discussion and Possible Action on the following items: 1. Florida Power & Light Substation - Presentation by Florida Power and Light. 2. City Facilities - Discussion with a Reejresentative of Miller & Meier. The Council may consider such other business as may came before it. The public is invited to attend. Carol A. Evans Assistant City Clerk Pursuant to Section 286.0105, Florida Statutes If a persen ('le�';idss to appeal any dejsion made by the city Council ;with ripen to any natter considered at sucl'a r, ochrig or hearing, ha wi!l Tt+-o, o record of the prod^..di;: F. znd for sudh purpme, he rray need to C r.'as.Jrn '�htS'i i] `Jk I'IF,s%i+.>E rscr, d innIucips the te;si mony and evidence upcn which the appeal is to .d CITY OF TAMARAC, FLORIDA SPECIAL CITY COUNCIL MEETING OCTOBER 6, 1983 Tape CALL TO ORDER: Mayor Falck called the meeting to order at 1 10:30 A.M. in Council Chambers. ROLL CALL: PRESENT: Mayor Walter W. Falck Vice Mayor Helen Massaro C/M Philip B. Kravitz C/M David E. Krantz C/M Jack Stelzer ALSO PRESENT: City Manager Laura Z... Stuurmans Consulting City Attorney, Alan Ruf Secretary, Roslyn Brauner Mayor Falck read the Notice of the Special Meetinq into the record_ 2. City Facilities - Discussion with representative of Miller & Meier. SYNOPSIS OF ACTION: HELD for future date. Mayor Falck said the discussion scheduled for today will be held for a future date as the Miller & Meier representative could not be present. 1. Florida Power .& Light Substation Presentation by Florida � ht _...,� Power & Light. SYNOPSIS OF ACTION: Concept Plan kPPROVED with Conditions. Mr. Tim Taylor, representing Florida Power & Light, said he is before Council at this time to discuss the proposed substation to be lo- cated within the City of Tamarac. lie said the map on display does not precisely show the location of the substation, but the proximity is approximately 1,250 feet east of Pine .Island Road, north of Southgate Boulevard and south of the C-14 canal. He said the property to the south of Southgate Boulevard is vacant at the present time and is zoned B-3 and R-Al. C/M Krantz asked where the proposed substation would be located in relation to University Drive; and Mr. Taylor said it would be seven -tenths of a mile west of University Drive. Mr. Taylor said the map on display shows the seven hundred feet of property Florida Power & Light would like to utilize for the substation. He explained that the property is seven hundred feet long and one hundred and eighty feet in depth, which is the depth of the present transmission easement. The elevation of the prop- erty is approximately eleven feet above sea level and the survey starts approximately thirty feet from the curb of Southgate Boulevard, which would be the necessary setback and contain one of the transmission structures. An additional transmission structure would be placed just east of the property line. V/M Massaro asked how close to the property line the nearest structure would be placed. Mr. Taylor explained that the fence for the substation would be thirty feet from the property line; and from the property line to the curb ' there would be seven feet to allow for a sidewalk. -1- 10/6/83 /rb C/M Kravitz asked whether the maximum sidewalk could be seven feet and Mr. Taylor said it would be as there is a pole line along Southgate Boulevard at the present time and the setback is seven feet. lie commented that sidewalks are generally five feet in width. V/M Massaro asked how close to the fence the closest structure would be located; and Mr. Taylor stated the closest structure to the fence would be one of the existing transmission poles which is located eighteen feet from the inside of the fence. There is fifty feet from the property line to the fence at both ends and an additional fifty feet from the property line to any structure. V/M Massaro asked whether it is contemplated to move the existing fence for future expansion of the facility; and Mr. Taylor said this is not contemplated as the eastern 200 feet of the 700-foot parcel is designated for expansion. However, it is proposed to fence the enti: seven hundred feet and landscape it at this time. V/M Massaro inquired about the dimensions at the rear of the property, toward the canal. Mr. Taylor explained that from the prop- erty line to the fence, there is twenty --five feet and at that point the closest structure to the fence is nineteen and a half feet. V/M Massaro asked about the area outside this twenty --five feet and Mr. Taylor said outside the property line there is a two hundred and sixty foot canal right -of --way and there is approximately forty feet from the bank to the property line. V/M Massaro said it is her understanding that if something were contemplated for that forty feet, permission would have to be obtained from the South Florida Water Management District; and if that permission could be obtained, she would prefer there be an addition al. fifteen feet of setback at the front of the property, to provide for better landscaping. She said she is aware that an easement would be necessary but she does not know whether the entire forty feet would be required for that purpose. Mr.Taylor said at the present time, the South Florida Water Management District has a forty foot canal maintenance easement; and he will investigate this matter. Mr. Taylor mentioned that the prior location on the south side of Southgate Boulevard was supposed to have a forty foot tower showing above the landscaping. Mr. Taylor said the present proposal shows that the highest elevated point of the substation would be twenty-four feet in height to be used for the transformers. V/M Massaro asked what the height would be at the time the eastern portion of the property is utilized; and Mr. Taylor said it would not exceed twenty-four feet. The building shown on the plan has an elevation of 13 feet and what is termed the low voltage area has an elevation of 20 feet. ivir. Taylor said a median cut would be required on Southgate Boulevard to provide for ingress and egress to the property. Mr. Taylor presented a preliminary landscape plan showing that twenty-two live oak trees would be planted along Southgate Boulevard which will be twelve to fourteen feet in height, and spaced thirty feet on center. The minimum height of the berm will be three feet and there would .be —colored shrubbery on the berm t add solar to the landscapinq. Various areas would have crotons and aspa ragus fern. The berm would turn north at the property corners and come slightly up the sides of the substation. There is also planting proposed for the east and west sides of the property line. It is intended to plant gold tabebuia and pink tabebuia, which do not grow very high and probably no more than 25 feet. The transmission lines would go through that area and a problem would exist if trees were placed too close to them. Along the rear, it is proposed to plant bald cypress intermingled with sabal palms. Under the planted cabal palms, there would be pampas grass. -2- 10/6/83 /rb Along the entire fence, there would be ficus benjamin, which is a three-foot hedge. Sometimes people object to this plant but the shrubs have a root system which does not tear up anything. On the access into the subdivision, it is contemplated to plant pink oleanders. In order to provide more coverage immediately, there would be a second row of trees intermingled with the live oak: along the front, possibly with tabebuia interspersed. There might be another berm angled back on each side, but not in con- tinuous fashion. V/M Massaro said she feels the front row needs staggered trees which are not more than thirty feet on center and she is not sure whether sixteen trees will be sufficient. She said she feels the front corners need a different type of detail than what is shown on the plan, to provide additional coverage. V/M Massaro stated it is her opinion that the beautification portion of the plan should be held for further discussion. C/M Kravitz said he feels the plan should go before the Beautification Committee. In addition, the normal procedure should be followed before a final decision is made on the landscape plan, so that Council would have the input of the various committees. C/M Kravitz said it is his opinion that no action should be taken at this time on the landscape plan. C/M Stelzer said he had his boat on that canal several times, and west of 88 Avenue there is a.great deal of erosion at the south bank; and he is wondering whether the banks in back of the proposed substation should be protected in some way. Fie feels if the banks eroded into the Florida Power & Light property, there would be a problem; and perhaps this should be discussed with the South Florida Water Management District. Mayor Falck said it is his feeling that the City Engineering Depart- ment should inspect the canal banks at the rear of the property for possible erosion. Mr. Taylor commented that the Florida Power & Light design would require almost no excavation at this location; and he feels South Florida Water Management District should look into the situation. C/M Stelzer inquired about the disposition of the A-1 property which Florida Power & Light owns at the present time. Mr. Taylor stated that the present piece of A--1 property, which is not quite five acres located south of Southgate Boulevard, would be submitted to the City for the appropriate R-3 or R-3U rezoning if Council approves the Concept Plan presented today for the proposed substation. C/M Stelzer inquired whether a tentative approval could be given to Florida Power & Light instead of granting the approval subject to a rezoning of the present property. He mentioned that he is not in favor of granting an approval subject to many conditions. He said not only in the case of Florida Power & Light, but in all cases, he would prefer to give a tentative approval, so that developers can proceed with their plans but must return to Council to show that the conditions were taken care of, In that way, they could be red -tagged if the conditions were not taken care of. C/M Stelzer explained that he is aware when approval is given with conditions, it is done in the best interests of the City as well as in the best interests of the developer so that his plans are not held up until all the objections are taken care of. However, he would like to see the developers return to Council to show that the objections have been handled, after which final approval can be granted. He said he would like to point out that when approval is given subject to conditions, Council never finds out whether the conditions were taken care of. ME 10/6/83 /rb V/M Massaro said there is no way a developer can proceed with only a tentative approval as they must spend a tremendous amount of money before they reach the point where they can receive a building permit. The responsibility of finding out whether the conditions of the ap- proval have been taken care of, rests with staff. She said in a project such as this, Florida Power & Light must first enter into a contract with the City for the purchase of the land, after which they must initiate a land use amendment. They also initiate the rezoning and the preliminary plat, and submit a site plan. Florida Power & Light would then go before the Broward County Planning Council and Broward County Commission, after which they return to the City for final adoption of the land use amendment. V/M Massaro stated that after the many steps have been taken, they must rezone the land they presently own. C/M Stelzer said he is aware of the procedure involved but asked whether V/M Massaro would grant approval if Florida Power & Light did not request a rezoning of the present A-1 property; and V/M Massaro said she would not. V/M Massaro said Florida Power & Light are aware that a rezoning of the property is necessary in order to make the residents who initially objected to the substation, feel more comfortable about the situation. C/M Stelzer said he is wondering what would happen if approval is granted to Florida Power & Light on the proposed Concept Plan, and they proceed with the construction of the substation, but continuously delay the application for rezoning. V/M Massaro said Florida Power & Light would have to make the application for the rezoning so that the process can move forward. Once approval is granted by the Broward County Commission and the City Council for the land use amendment, Florida Power & Light would have to come before Council for approval of the various phases, and at that time the rezoning process would be initiated. By the time a building permit is requested, all the steps will have been completed. Mayor Falck said he feels that basically, this is the same concept as entering into a Stipulated Agreement. Consulting City Attorney Alan Ruf said that if a Stipulation is formulated that is agreeable to both parties, it would set out the obligations of each party before something is concluded. C/M Kravitz said it is his understanding that in connection with Florida Power & Light, time is of the essence; and he asked Mr. Taylor what the latest acceptable date would be for Florida Power & Light to commence construction of the substation. Mr. Taylor said the latest acceptable date would be the end of the current year. He explained that Florida Power & Light has had an appraisal of the property.. prepared in connection with the value of the property. He said by the end of the year, Florida Power & Light would like to complete the transfer of the funds to the City to purchase the property. Florida Power & Light would also like to have all the necessary approvals completed by that time. Mr. Taylor explained that Florida Power & Light would be willing to do all that is necessary to expedite the process, and would ask for Council's guidance in that regard. -4- 10/6/83 /rb J V/M Massaro MOVED to adopt the Concept Plan subject to the completion of the work outlined today. C/M Stelzer asked whether the residents of Woodmont have any objection to the proposed substation. C/M Kravitz said he has spoken to several of the residents of Woodmont, and he feels there are no objections at this time to the proposed substation and he SECONDED the NOTION. Mr. Larry Bender, resident, said the citizens of Woodmont do not object to the substation. However, there is a noise element involved as power stations do generate a certain amount of noise. He said he has done some research on the subject and found that several states throughout the country have adopted a 50 DB noise level at the perimeter of approximately 205 feet. This indicates that the noise level at these type of substations sometimes sometimes gets out of hand; and Mr. Bender suggested this be considered in connection with the Florida Power & Light substation. C/M Krantz mentioned that there are no residents within 205.feet of the substation. Cars would go by but very few people would be walking in that area. Mayor Falck said the noise level element will be looked into. Mr. Lou Vladem, President of the Property Owners Association of Woodmont, said the plan for the substation was presented to the Association. After discussions with Mr. Bender and Dr..Sam Oppenheimer it has been found that the substation would not place the residents in jeopardy as far as physical damage is concerned. Mr. Vladem stated that as responsible residents of the City of Tamarac, the individuals in Woodmont realize the need for the power that is required for the growth of Tamarac. He said the sub- station is in good design and is placed properly and there are no objections from Woodmont; assuming that the land presently owned by Florida Power & Light will be submitted for a rezoning and that the landscaping will meet with Council's approval. C/M Krantz asked Mr. Vladem whether he is speaking for all the residents of Woodmont; and Mr. Vladem said he is speaking as the President of the Woodmont Property Owners Association. Alan Ruf, Consulting City Attorney, said he feels Council would want to approve the concept Plan and authorize staff, including the City Attorney's office, to begin filing the documents which will be the basis on which the sale of the property will be made, and the various contingencies with respect to that. V/M Massaro said she would include that in her MOTION; and she would also add that Florida Power & Light investigate the possi- bility of additional land being purchased by them so that we can get a better setback in the front. The SECOND concurred. Mr. Ruf said he would anticipate that the contract will be prepared between the representatives of Florida Power & Light, the City Attorney's office and any other staff members who have input. The document would come back to Council for approval and authoriza- tion to have the appropriate individuals in the City execute the contrz VOTE: ALL VOTED AYE THE MEETING WAS ADJOURNED AT 11:30 A.M. ATTEST: e�41 � _J�� 9_40r__X� ASSISTANT CITY CLERK MAYOR -° CITY OF TAMARAC , APPROVED AT MEETING OF City Clerk This document was promulgated at a cost of $51.44 or $1.71 per copy to inform the general public and public officers and employees about recent opinions and considerations by the Council of the City of Tamari -5- 10/6/83 /rb