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Home My WebLink About1986-10-27 - City Commission Special Meeting Minutesy � b p C) Box [5(i'0 1AMARAC FLORI[,A 333 ( RECORD -OF COUNCIL_ DISCUSSIONS AND ACTION October 24, 1986-Revised NOTICE OF SPECIAL MEETING CITY COUNCIL OF TAMARAC, FLORIDA There will be a Special Meeting of the City Council on Monday, October 27, 1986, at 10:00 A.M. in the Council Chambers at City Hall, 5811 N.W. 88 Avenue, Tamarac, Florida, on the following items: ----------------------------------_ PUBLIC HEARINGS: 1, a) MOTIONTO ACCEPT Affidavits of Publication and Posting for Temp. Ord_#1292. b) MOTT N TQ ADOPT Temp. d. #1292 on second reading relating to a request by TRISON DEVELOPMENT CORPORATION, Petition 011-Z-86, for rezoning of lands at the southeast corner of NW 77 Street. and Westwood Drive from R-3 (Low Density Multiple Dwelling) to R-4A (Planned Apartments) to allow a three-story core at some two-story buildings. FINAL ACTION: a) - ACCEPTED ORDINANCE NO. 0--86-57 ADOPTED b) - ADOPTED on Second Reading. Public Hearing Held. 2. a) MOTION TO ACCEPT Affidavits of Publication and Posting for Temp. Ord. #1293. b) MOTION TO ADOPT Tem Ord. #1293 on second reading relating to a rezoning by the CITY OF TAMARAC, Petition #13-Z-86, of those lands occupied by the City of Tamarac, Utilities West Division, Operations and Treatment Plants, at 7805 NW 61 Street from B-1 (Neighborhood Business) to I-1 (Institutional/ Educational). FINAL ACTION: a) - ACCEPTED ORDINANCE NO. 0-86-58 ADOPTED b) - ADOPTED on Second Reading. Public Hearing Held. 3. MOTION TO ADOPT Temp Ord. #1294 on second reading relating to employee Pension Plan benefits. FI ACTION: ORDINANCE NO 0-86-59 ADOPTED ADOPTED on Second Reading to provide 5% contribu- tions by participants. Effective as of October 1, 1986. Ordinances for additional benefits as a approved by Council on 9/24/86 will be considered at a future meeting. Public Hearing Held. END OF PUBLIC HEARINGS 4. MOTION TO APPROVE a plan to install a temporary storage building on the Sabal Palm Golf Course (denied by the Plan Adjustment Committee). F IN_AL _AACTI ON : TABLED 5. a) MOTION TO APPROVE Rejection of all bids received under Bid 86-20 for Project 85-3, N.W. 55 Street Boulevard Section Drainage Improvements. b) MOTION TO AUTHQRI,ZE Rebidding of Project 85-3, N.W. 55 Street Boulevard Section Drainage Improvements. FINAL ACTION• a) - APPROVED Rejection of all bids. b) - AUTHORIZED Rebidding. AGENDIZED BY CONSENT: 6. MOTION TO APPROVE Temp. Reso. #4346 relating to the Amendment of Council Rules and Procedures. FINAL ACTION: RESOLUTION NO. R-86-379 APPROVED APPROVED to provide for Public Forum immediately preceding Council Reports. The City Council may consider and act upon such other business as may come before it. The public is invited to attend. Carol E. Barbuto Assistant City Clerk i FJ CITY OF TAMARAC, FLORIDA SPECIAL CITY COUNCIL MEETING October 27, 1986 CALL TO ORDER: Mayor Hart called the meeting to order on Monday, October 27, 1986 at 10:00 A.M. in the Council Chambers. ROLL CALL: PRESENT: Mayor Bernard Hart Vice Mayor Jack Stelzer Councilman Sydney M. Stein Councilman Arthur H. Gottesman Councilwoman Helen Massaro ALSO PRESENT: John P. Kelly, City Manager A. Bryant Applegate, City Attorney Carol E. Barbuto, Assistant City Clerk Pauline Walaszek, Secretary MEDITATION AND PLEDGE OF ALLEGIANCE: Mayor Hart called for a moment of Silent Meditation followed by the Pledge of Allegiance. 6. MOTION TO APPROVE Temp. Reso. #4346 relating to the Amend- ment of Council Rules and Procedures. SYNOPSIS OF ACTION: RESOLUTION R-86-379 PASSED (See Page 9) AGENDIZED by CONSENT. * V/M Stelzer MOVED to AGENDIZE by CONSENT, SECONDED by C/M Stein. VOTE: C/W Massaro - Nay C/M Gottesman- Nay C/M Stein - Aye V/M Stelzer - Aye Mayor Hart - Aye 4. MOTION TO APPROVE a plan to install a temporary storage building on the Sabal Palm Golf Course (denied by the Plan Adjustment Committee). SYNOPSIS OF ACTION: TABLED. * V/M Stelzer MOVED to TABLE, SECONDED by C/W Massaro. VOTE: PUBLIC HEARINGS ALL VOTED AYE 1. a) MOTION TO ACCEPT Affidavits of Publication and Posting for Temp. Ord. #1292. b) MOTION TO ADOPT Temp,_ Odds _41292 on second reading relating to a request by TRISON DEVELOPMENT CORPORATION, Petition #11-Z-86,for rezoning of lands at the southeast corner of NW 77 Street and Westwood Drive from R--3 (Low Density Mulitiple Dwelling) to R 4A (Planned Apartments) to allow a three- story core at some two-story buildings. -1- 10/27/86 /Pw SYNOPSIS OF ACTION: ORDINANCE NO. 0-86-57 PASSED a) ACCEPTED. b) ADOPTED on Second Reading. Public Hearing Held. * a) V/M Stelzer MOVED to ACCEPT Affidavits of Publication and * Posting for Temp. Ord. #1292, SECONDED by C/M Stein. VOTE: ALL VOTED AYE b) City Attorney Applegate read Temp. Ord. #1292 by title. Jordan Brown, 9407 NW 74 Place, said the Community should be maintained as is and a family community should not be allowed in an adult community. Thelma Brown, City Planner, explained the density would not change. She said Staff had designed with the Developer a method to keep the three-story effects to a minimal allowing for the core only to be three-story and Staff could not direct any concerns to a three-story building as a problem because the three-story was the core not the exterior. Jordan Brown said for beautification of the City a down zoning should not occur and a three-story building would not be appreciated across from residential homes. Myles Tralins, Representative for Developer, mentioned 40 of the 214 units were three-story buildings so the impact would not be a disaster. V/M Stelzer asked how far from the homes west of 94 Avenue would the distance be to the three-story core. Thelma Brown replied 120-foot setback minimum had been met and the other side had a sideyard setback of 25-feet taking into consider- ation the road right-of-way, road sit core setback and the driveway to the nearest building would be well over 180 feet. V/M Stelzer asked how wide 94 Avenue was. Thelma Brown replied 60-feet. Mr. Tralins said the distance from the nearest residents would be 200-feet plus. Thelma Brown said the setback for the story building was 30-feet to the edge canal was 100-feet which would make the a 130-foot setback. back of the three - of the canal and the back of the building Mayor Hart closed Public Hearing with no further response. C/M Gottesman said he understood the zoning required 20-feet from the edge of a property to a canal and asked if the 30- foot allowance was special. Thelma Brown explained the plan presented was not dimen- sional, only pictorial and the Site Plan which will be presented in November shall show exact dimensions. She said the minimum setback had been exceeded by the development and 30-feet was required. She mentioned in some cases there was a 60-foot setback which had been doubled and required by City Code. C/M Stein explained a court order had been issued and a compromise was being made from the present City Code. He F1 -2- 10/27/86 /Pw said the developer had the right to put the units on the property because of the court order and the concern had been the loop road not being in compliance with the Code. He said the compromise would allow the developer to go from a 40 unit development to three-story buildings and if not allowed to do so, the developer had the right to build several more buildings without the setback and loop road system the Code required. He mentioned the question pertained to what was best for the residents. C/W Massaro asked City Attorney Applegate if the developer could make all the buildings three-story and said the two- story would look much better than the three-story building. Mr. Applegate replied no. C/W Massaro questioned Ms. Brown regarding vacant land in the area. Ms. Brown replied there was vacant land and the Ordinance for rezoning would apply specifically to the parcel of property mentioned. Mr. Applegate said by the adoption of the Ordinance, there would be no prejudice decision for a future rezoning in the area. * V/M Stelzer MOVED to ADOPT Temp. Ord. #1292 on Second * Reading, SECONDED by C/M Stein. Mayor Hart asked Mr. Tralins if the following conditions approved by the Planning Council would be agreed upon and observed. 1. Site Plan Configurations be a part of the permanent record. 2. Location of dumpster changed. 3. Emergency fire exit 20-feet wide. Mr. Tralins replied yes on all questions. Ms. Brown said all the conditions had been followed. Mayor Hart asked Mr. Applegate if a family type of development could be prohibited. Mr. Applegate replied no. C/W Massaro asked if the developer agreed to comply with all of the conditions required by the Code regarding Park/Recreation and road improvement fees. Ms. Brown replied under court order, Park/Recreation fees, the developer had rights which Alan Ruf, Consulting City Attorney, had been working on with her and Mr. Tralins and when the Site Plan comes before Council, the Park/Recreation fees would be discussed. C/M Gottesman asked why a three-story building could not be prohibited. Mr. Applegate replied the subject being dis- cussed was strictly rezoning and to continue asking questions concerning the site plan was irrelevant. He mentioned conditions were being followed because of court order. Mr. Tralins mentioned an agreement had been made concerning the swimming pool area regarding use by residents only. C/W Massaro asked Mr. Applegate if the developer had rights as to the rezoning under the court order. Mr. Applegate replied the criteria a court used to determine if a rezoning request was challenged would be to decided if the action was debatable. -3- 10/27/86 /pw VOTE: ALL VOTED AYE 2. a) MOTION TO ACCEPT Affidavits of Publication and Posting for Temp. Ord. #1293. b) MOTION TO ADOPT Temp..Ord._#1293 on second reading relating to a rezoning by the CITY OF TAMARAC, Petition #13-Z-86, of those lands occupied by the City of Tamarac, Utilities West Division, Operations and Treatment Plants, at 7805 NW 61 Street from B-1 (Neighborhood Business) to I-1 (Institutional/Educational). Y P I F ACTION: a) ACCEPTED b) ADOPTED on Second Reading. Public Hearing Held. ORDINANCE NO. 0-86-58 PASSED a) V/M Stelzer MOVED to ACCEPT Affidavits of Publication and Posting for Temp. 0 d. #1293, SECONDED by C/M Stein. VOTE: ALL VOTED AYE b) City Attorney Applegate read Te rd #1293 by title. Mayor Hart opened and closed Public Hearing with no response. C/M Stein MOVED ADOPTION of Temp. Ord. #1293 on second reading, SECONDED by V/M Stelzer. VOTE ALL YOTED AYE 3. MOTION TO ADOPT Temp. Ord. #1294 on second reading relating to employee Pension benefits. SYNOPSIS -OF ACTION: ADOPTED on Second Reading to provide 5% contributions by participants. Effective as October 1, 1986. Ordinances for additional benefits as approved by Council on 9/24/86 will be considered at a future meeting. Public Hearing Held. ORDINANCE NO. 0-86--59 PASSED City Attorney Applegate read Temp. Ord. #1294 by title. Ruth Russo, 7801 NW 70 Court, Secretary of Pension Board, said due to an oversight by the Pension Board's Attorney, the Ordinance was prepared only for the increased contributions by Employees and clarification of the 5% contribution. Ten year vesting and additional percentages would be effective as of October 1, 1986. City Attorney Applegate said the Pension Board should contact their Attorney to handle the matters and suggested the Pension Board require their Attorney be present at Council Meetings when Pension was the subject. He recom- mends a MOTION to ADOPT the Ordinance by Council. Mayor Hart opened and closed Public Hearing without response. C/W Massaro asked if there would be a separate Ordinance for the oversight. Mr. Applegate replied yes. Ci -4- 10/27/86 . /pw V/M Stelzer mentioned the Ordinance pertained strictly to the 5% contribution. * V/M Stelzer MOVED to ADOPTION of Temp. Ord. #1294 on second * reading, SECONDED by C/M Stein. VOTE: ALL VOTED AYE END OF PUBLIC HEARINGS 5. a) MOTION TO APPROVE Rejection of all bids received under Bid 86-20 for PRoject 85-3, NW 55 Street Boulevard Section Drainage Improvements. b) MOTION TO AUTHORIZE Rebidding for Project 85-3, NW 55 Street Boulevard Section Drainage Improvements. SYNOPSIS OF ACTION: a) APPROVED. b) AUTHORIZED. * a) V/M Stelzer explained the bids were not accepted by * Engineering and MOVED to APPROVE Rejection of all bads * received, SECONDED by C/W Massaro. C/M Gottesman asked the reason for rejection of bids. V/M Stelzer replied the bidders could not assure the City they could obtain a Performance Bond. VOTE: ALL VOTED _AYE * b) C/W Massaro MOVED to AUTHORIZE rebidding, SECONDED by C/M * Gottesman. TE: ALL VQTED_AYE AGENDIZED BY CONSENT: 6. MOTION_TQ APPROVE Temp. Reso. #4346 relating to the Amendment of Council Rules and Procedures. _SYNOPSIS OF ACTION: AGENDIZED by consent on Page 1. APPROVED to provide for Public Forum immediately proceding Council Reports. RESOLUTION NO. R-86-379 PASSED City Attorney Applegate read Temp. Reso. #4346 by title. V/M Stelzer mentioned the last Council Meeting had scheduled the Public Forum for 11:30 A.M. and the Council Meeting ended at 10:30 A.M. He said it would be an inconvenience for Council to wait until the designated time for Public Forum. * V/M Stelzer MOVED to APPROVAL of Temp. Reso. #4346, SECONDED * by C/W Massaro. VOTE: ALL VOTED AYE -5-- 10/27/86 �J /pw Mayor Hart adjourned the meeting at 10:45 A.M. BERNA9D HART MAYOR CAROL E. BARBUTO ASSISTANT CITY CLERK, "This public document was promulgated at a cost of $62.20 or $1.72 per copy to inform the general public and public officers and employees about recent opinions and considerations by the City Council of the City of Tamarac." CITY OF TAMARAC APPROVED AT MEEMG I F / / City Clerk 1 -6- 10/27/86 /pw