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HomeMy WebLinkAbout1984-02-15 - City Commission Reconvened Regular Meeting MinutesMAIL REPLY TO: P.O. BOX 25010 TAMARAC, FLOAIDA 33320 5811 NORTHWEST 88TH AVENUE 0 TAMARAC, FLORIDA 33321 TELEPHONE (305) 722.5900 NOTICE OF RECONVENED CITY COUNCIL MEETING February 13, 1984 There will be a Reconvened City Council Meeting on Wednesday, February 15, 1984, at 9:00 A.M., in the West Conference Room at City Hall, 5811 NW 88 Avenue, Tamarac, Florida. The Items remaining from the Council Agenda of February 8, 1984 to be considered are as follows: 4. Investment Advisory Committee Report/Recommendations - Discussion and possible action. 14. Y.O.U. Distributors - Discussion and,possible action on a request for waiver of certain provisions of Chapter 22 of the Code pertaining to "Solicitors and Canvassers" to solicit door-to-door for the sale of cookies, 16. p_ _ March Bond Issue Sta_tus__Re ort on the Public Presentation - Discussion and possible action on: a) Draft of the brochure b) Update on slide presentation 32. Lakes of Carriage Hills - Discussion and possible action on: a7 Revised site plan for the model sales area to reflect a temporary drive at Sabal Palm Boulevard East and sidewalks - Ted Re_so._ #2999, b) Declaration of Protective Covenants and Restrictions - Temp, Reso. #2997. c) Sidewalk Easement - Temp. Reso. #2998. d) Renewal of a model sales permit for a facility located at 6180 Rock Island Road. e) Rezoning Petition #3-Z-82 to rezone lands at the northeast corner of Rock Island Road and Sabal Palm Boulevard East, extending north toward Bailey Road approximately 155-feet and eastward approximately 435-feet, from S-1 (Open Space/Recreational) to B-1 (Neighborhood Business) by Temp.O_r_d. #1081 (Public Hearing held 1/25/84) T (tabled from 2/8/84). The City Council may consider and act upon such other business as may come before it. The public is invited to attend. Carol A. Evans Assistant City Clerk Pursuant toSection 2860106, Florida Statutes N a person dacid" to appeal any decision made by the city (bunch with aspect' b any matter considared at such meeting or hearft he wil maid a record of the proceedings and for such purpose, he may need to ensure that a verbatim record includes the testimony and evidence upon which the appeal is to be based. PCILICY OF ION-DI1SCR1KMTIQN ON BASIS OF HANDICAPPED STATUS AN MIAL DPPDBNiM EgIDYF.ft CITY OF TAMARAC, FLORIDA RECONVENED CITY COUNCIL MEETING FEBRUARY 15, 1984 (from February 8, 1984) Tape CALL TO ORDER: Mayor [Walter W. Falck called the meeting 1 to order on Wednesday, February 15, 1984 at 9:00 A.M. in the West Conference Room. ROLL CALL: PRESENT: Mayor Walter W. Falck Vice Mayor Helen Massaro Councilman David E. Krantz Councilman Jack Stelzer Absent and Excused: Councilman, Philip B. Kravitz, ALSO PRESENT: City Manager, Laura Z. Stuurmans City Attorney, Jon M. Henning Assistant City Clerk, Carol A. Evans Secretary, Roslyn Brauner Mayor Falck read the Notice of the Reconvened Meeting into the record. 4. Investment Advisory Committee Report/Recommendations - Dis- cussion and possible action. SYNOPSIS OF ACTION: Report given by Mayor Falck. Applicants to be interviewed and report made to Council at next meeting. Mayor Falck said he sent to Councilmembers, copies of the minutes of the meeting held last Friday relating to the Investment Advisory Committee. Iie said he has an appointment to interview one individual tomorrow or Friday, who has indicated his interest. There are two other applicants to be interviewed, and the Mayor said he hopes by the next Council meeting, he will be able to make a report on at least one additional interview. C/M Krantz asked about the number of vacancies on this Committee, and Mayor Falck said there are two. 14. Y.Q.U. Distributors -- Discussion and possible action on a request for waiver of certain provisions of Chapter 22 of the Code pertaining to "Solicitors and Canvassers" to solicit door-to-door for the sale of cookies. SYNOPSIS OF ACTION: REMOVED from the agenda at the request of the applicant. Mayor Falck stated that a phone call was received requesting the item be removed from the agenda and a letter will be sent to the City confirming this request. C/M Krantz MOVED to remove this item from the agenda. SECONDED by C/M Stelzer. VOTE: ALL VOTED AYE -1- 2/15/84 /rb 32. Lakes of Carriage Fiills - Discussion and possible action on: a) Revised site plan for the model sales area to reflect a temporary drive at Sabal Palm Boulevard East and side- walks - Temp. Reso. #2999. b) Declaration �of^'Protective Covenants and Restrictions - Tea. Reso. #2997. c) Sidewalk Easement. - Tem .Reso. #2998. d) Renewal of a model salespermit -for a�facility located at 6180 Rock Island Road. e) Rezoning Petition #3-Z-82 to rezone lands at the northeast corner of Rock Island Road and Sabal Palm Boulevard East, extending north toward Bailey Road approximately 155-feet and eastward approximately 435-feet, from S-1 (Open Space/ Recreational) to B-1 (Neighborhood Business) by Temp. Ord. #1081 (Public Hearing held 1/25/84) (tabled from 2/8/84). SYNOPSIS OF ACTION: a), b), c), d) and eV TABLED to next regular meeting. City .Attorney Jon Henning read Temporary Resolution #29.99 by title. Mr. Glenn Smith,representing Lakes of Carriage Hills, displayed for Council, the revised site plan for the model sales area. Mr. Henning explained that Exhibit "G" to the plan,which is the rectang] less the triangle, is the area which is presently zoned S--1. and the request is for rezoning to B. The trianale will remain S-1 and will be presented to the Homeowners Association. The City Attorney stated that the essence of the Covenant is that it should be recognized that Parcels C and.D are already zoned B. The application before Council today is the rezoning from S-1 to B, of the left slice of the property.He said the triangle shown on the extreme left side of the site plan, will remain S-1 and will be given to the Condominium Association, and there will be discussion on the landscaping in that area. Mr. Henning said when parcel A is mentioned, it represents the entire package, less the triangle. Parcel B' is being rezoned. He said there are restrictions on Parcels B, C and D. The City Attorney said after extensive meetings with the public, the homeowners, the City and the developers, there is now a list of uses which are restricted. Therefore, according to the Code, whatever is allowed in B-1 zoning, is allowed on this property, with the exception of what is listed. Fie said the items considered less desirable to the people in the area, are listed. The latest list has been liberalized slightly and a few additional uses to the property are permitted. Mr. Henning said that in addition, there was a discussion about a wall, and this is shown on the bottom of .the drawing and separates the residential from the commercial. He said that ordinarily, the wall would be along the property line, but it has been agreed that it will be set hack ten feet into the business property and there will be a ten foot buffer on the residential side which will be landscaped and a sprinkler system will be installed. He said the Condominium Association's water will be used to maintain it because it is on their side of the wall. Mr. Iienning said there will also be some beautification on the business property to separate the wall from the condominium. The Agreement states the wall will be built within thirty days after a permit is pulled for any property on "B", "C" or "D", and it can be built in three segments depending upon the development of the property. In addition, there will be a three foot berm along the triangle on the left hand side which will be landscaped, separating Parcel "B" from Parcel "C". -2- 2/15/84 /, IY Mr. Henning said there was some discussion about the use of the model sales area during the development of the property, and an agreement was reached on this matter. He said in addition, although it has not been discussed, it is anticipated that certain businesses are permitted which would require a Special Exception according to the Code, such as restaurants, Laundromats, etc., and the City is not waiving these requirements. City Attorney Henning stated that Page 2 refers to grocery and convenience stores, such as Seven Eleven, of less than 3.000 square feet; and it has been suggested this be stricken from the Agreement. Ile said it is his understanding that if a Publix or Winn Dixie could fit into that space, it would be allowed. However, a Seven Eleven, Cumberland; Minute Market, etc., would not be permitted. Mr. Smith said the Agreement prohibits the type of small convenience store of less than 3,000 square feet; and this was agreed to approx- imately eight months ago. V/M Massaro said there are objections to stores similar to Seven Eleven, as they encourage people to buy six-packs, hang around the store outdoors and drink beer. Mr. Henning said Chapter 28 of the Code refers to grocery stores of less than 5,000 square feet, but it does not refer to 3,000 square feet. The Code says that stores of 5,000 square feet are permitted in B-1, B-2 and B-3 zonings. Ile commented that in theory, the Agreement is saying that grocery stores between 3,000 and 5,000 square feet would be permitted. V/M Massaro said she feels the people would not object if the Agreement would specify 5,000 square feet; but the 3,000 square feet would be a convenience store, and there would be an objection. Mr. Smith said there were discussions about this matter and the 3,000 square feet was a negotiated figure. He said the developer is willing to eliminate the problems of the small con- venience store but it is not desired to eliminate the small legitimate grocery store. He further stated that the language, "convenience store" has many different meanings, and therefore it was suggested the square footage restriction be specified in the Agreement, in order to avoid future problems. Ile said it is his personal feeling that if a grocery store is more than 3,000 square feet, it is not a convenience store. V/M Massaro said from the beginning, the people objected to convenience stores, and specifying 3,000 square feet in the Agreement does not cover the situation. City Attorney Henning said possibly a 9.00 P.M. closing time would solve the problem; and Mayor Ealck said problems exist at convenience stores at all hours. The Vice Mayor said the same situation exists wherever convenience stores are located. In the beginning, the residents were comfortable that the Agreement would prohibit Seven Elevens, and now a Seven Eleven is allowed provided it is more than 3,000 square feet. Mr. Henning said if agreeable, a sentence could be added to the end of Paragraph 9 stating, "All City requirements for Special Exceptions, parking, signs, landscaping, setbacks and other development regulations as may be in effect at the time of site plan approval or permit application, shall apply to Parcel A". Mr. Smith stated the listing in the Agreement prohibits certain uses, but it does not change the Code as to permitted uses. Therefore, if the Code requires Special Exceptions or other procedures, that will apply. He said he does not feel the suggested language is necessary, but it will be inserted if Council so desires. -3- 2/15/82 /rb Mayor Falck said since the Agreement is not in final form, he feels it cannot be acted upon at this time; and it is his suggestion it return to Council when it is complete. City Attorney Henning said as far as the Special Exception matter is concerned, it is his opinion that the City is pro- tected with Special Exceptions, since all that is being done is crossing off certain line items from the Code. He said he does not know how large the average Seven Eleven store is in square footage. There is a Cumberland Store on McNab Road, a Mr. Grocer on Commercial Boulevard, etc. and he said he does not know whether those are under or over 3,000 square feet. V/M Massaro said it does not matter what the square footage is. That type of store is known to attract certain types of undesirable individuals. Mr. Henning said it is his understanding that the only way those stores can stay in business is because they have expanded hours. Although people might patronize them during the day, the fact that they are open 7,00 A:M. to 11:00 P.M., or twenty-four hours, allows them to stay in business. He said, therefore, he thought perhaps the hours would solve the problem, rather than the type of business. Ile said if Council wishes, he can research this further if -Council prefers to table the item to a -future meeting. Mr. Smith stated he feels the item should be tabled. V/M Massaro MOVED to table this item to the next regular meeting. SECONDED by C/M Krantz. VOTE: ALL VOTED AYE 16. March Bond Issue - Status Re art on the Public Presentation Discussion and possible action on: a) Draft of the brochure b) Update on slide presentation SYNOPSIS OF ACTION: Draft of brochure and slide presentation reviewed by Council. Site "A" APPROVED for the Municipal Complex. City Manager Laura Stuurmans stated that she distributed to Councilmembers this morning, copy of the drafted layout of the brochure, for review and comments. She said she also submitted to Council the question and answer sheet regarding Tamarac Utilities West bond referendum which was prepared with the assistance of Tony Nolan and Alan Ruf. In addition, Council was provided with a copy of the script for the slide presentation on City Hall. C/M Krantz asked how many copies of the brochure will be mailed; and the City Manager said 13,000 brochures will be mailed to resident occupants. Mr. John Lachmann, resident, said there are 26,000 registered voters in the City of Tamarac. Mrs. Stuurmans said one brochure will be sent to each home, to avoid duplication. The City Manager said the brochure lists the advantages to the City, as well as the complex advantages and Utilities West advantages. There is also a letter from the City Manager in the brochure as well as a diagram which will give the residentsthe concept of the spray irrigation program. The brochure also outlines the facts relating to the crowding problems in the present City Hall, and reasons for asking for a new building for both City Hall and Police. -4- 2/15/84 /rb ,j City Manager Stuurmans stated the brochure also contains a reduction of the site plan which was reviewed and approved by Council at last week's meeting for Site "A" and also the site plan for. Site "B", specifying that the 88 Avenue site is most desirable. In addition, the pros and cons which were taken from the Miller & Meier study on Site "A" and Site "B" are listed, as well as the conclusion quote from the Miller & Meier report. She said there is also a map of City Hall, which has spotted the existing building on Site "A" and Site "B" so that the viewer can put that into perspective in the overall of the City. V/M Massaro said the brochure does not stress the fact that Site "B" is so much more valuable; and Mr. Henning said he feels over the last several months, it has been an accepted fact that Site "A" will not be sold. On the other hand, Site "B" would probably be sold. Tape C/M Stelzer asked if there is any indication of selling the 2 present City Hall; and City Manager Stuurmans said that could apply in either case. Therefore, in terms of presenting this information to the public, it washes itself in value. V/M Massaro said it is important to inform the public that Site "B" would be sold and the proceeds used toward building the complex on Site "A". Mrs. Stuurmans said she could, therefore, modify the second provision which now reads, "Provide additional funding by selling Commercial Boulevard Site" by stating,."Proceeds from the sale of Site "B" of approximately 2.5 million dollars could be used to develop Site "A" and subsequently reduce the cost of bonding". Mr. Henning said it might be more appropriate to add that statement after the language, "The 88 Avenue site is more desirable" instead of altering the architects':recommendations. C/M Stelzer said the brochure does not indicate that the City would have to relocate the Public Works building, if Site "B" is selected; and Mrs. Stuurmans said this was not mentioned because it was one of the cons. This was discussed with Craig Kenyon and there are two different points of view and this is open for Council's suggestions today. She said for each negative mentioned, somebody could argue the point, and therefore, she suggests mentioning only the positives. Mayor Falck said he would agree with that. The City Manager said the brochure cannot relate all the information, and the slide presentation will provide specific information on each question. C/M Krantz asked whether dates and locations have been set up for the slide presentation; and Mrs. Stuurmans said the City is now receiving responses from the community to letters sent out last week for the local officers to attend next Tuesday with a card enclosed so they can propose dates. She said unfortunately, many sections will not be meeting before then. She explained there will be several meetings held at City Hall for those individuals who do not have meetings often. V/M Massaro said she does not agree with the architects' comment that there is good accessibility from 57 Street; and Mrs. Stuurmans explained that the architect is talking about along 57 Street and not at the intersection of 57 Street and 88 Avenue. She said the plan reflects two points of ingress and egress along 57 Street. V/M Massaro said onlv those residents west of University Drive up to 88 Avenue could use those access points as there is dangerous accessibility for those people west of 88 Avenue. ...5_ ') /1 r, IPA Mayor Falck suggested the City Manager check this out. Mrs. Stuurmans said there is a tight schedule since this is not a simple printing job and there is a ten day wait for the finished product after it is received by the printers. The plan is to begin the typesetting and printing process this afternoon and she suggested if Councilmembers have any recommendations, they contact her after this meeting. She said a direct mail service is handling this, as it is cheaper than using the Jane Carroll label and doing it in-house. She said that the entire product will run between $5,500.00 and $6,500.00. V/M Massaro said the statement about the 88 Avenue site being used for public purposes, would preclude the City from ever using the property for anything else. Mayor Falck said it was his understanding that the basis for having this referendum was to clear up the problem. He said he is sure that the issue would be raised again. C/M Stelzer said this was never discussed by Council; and the Vice Mayor agreed. V/M Massaro said she feels that sentence should be removed from the brochure. City Manager Stuurmans said she would hesitate to change Mr. Ienyon's product, but a new list of pros will be developed for Site "B". V/M Massaro said she feels Mr. Kenyon does not have the right to make that determination. C/M Krantz said Mr. _r;enyon does not have the authority to meal; for the City. City Attorney Henning said Mr. Kenyon does not have that authority but the thought was that by having an impartial consultant give this analysis, it might give more credibility to the brochure than to have the Council completely advocate the entire brochure. He said certainly, Council's recommendations should be part of the brochure, but by also having an outside consultant's opinion, it might give more meaning to the brochure to some people. The Vice Mayor said the architect was not asked to give that opinion. The opinion asked for by Council was for the layout and architecture of the building. Mayor Falck suggested the City Manager discuss this with Mr. Kenyon. C/M Krantz asked how long the slide presentation will take; and the City Manager said it will take about fifteen to twenty minutes. C/M Stelzer asked who wrote the slide presentation; and Mrs. Stuurmans said Craig Kenyon's information was used, along with some staff comments. C/M Stelzer said nothing is mentioned in the slide presentation either about developing Site "A" for a park, or the accessibility of 57 Street to Site "B". The City Manager said in the course of working on the public information campaign for the bond issue, Lee Browne made contact with the American Cable Company, who have been kind enough to offer the City the use of their government access station _to pro- vide a five minute public service announcement. The City of Tamarac will be a first for them as theiir government access station currently only prints information. They are allowing the City time on a videotape for a public service message with someone from the City of Tamarac reading a script which they have developed, which is excellent. -6- 2/15/84 /rb C/M Stelzer asked how often this will be shown; and Mrs. Stuurmans said it will be shown three or four times daily at high peak news hours, as a service to the City. She said their announcer will say, "This is a public service message produced by American Cablesystems for the City of Tamarac". Then the person from the City will make a statement. The City Manager read this statement for the Councilmembers (See Attachment W . V/M Massaro said she feels stronger emphasis must be placed on the wastewater treatment facility, to inform the residents that this is an absolute must. C/M Stelzer said no mention is made in the videotape presentation of what will happen if the bond issue for the wastewater facility is not approved. He said it is mentioned -in the brochure but should be includedin the videotape presentation as well. He commented that the second page in the brochure mentions the alternatives if the bond issue fails. It is stated that the City could hook up to the Sunrise facility. C/M Stelzer said it should also be mentioned that the cost to the City of Tamarac for that hookup would be eleven million dollars, for which another bond issue would be required. V/M Massaro commented that if Tamarac hooks up to the Sunrise facility, the City would be subject to the costs of Sunrise and Sunrise will take over the City of Tamarac. Mayor Falck mentioned that for example, Sunrise would allocate Tamarac's ERC's. City Attorney Henning said discussions were held on inserting one line about absentee ballots in the slide presentation, and he feels this should be done in the videotape presentation as well. City Manager Stuurmans stated that in reality, if the wastewater bond issue does not pass, there will be another bond issue. C/M Stelzer says that should be told to the public since they are unaware of it. The residents are of the opinion that if the bond issue does not pass, the City would continue as is. The people might think the bond issue is for the spray irrigation only and if that is what the residents think, the City will have problems. He said the residents must be told that the City must do this. V/M Massaro said the people must be told about the alternative if the bond issue is not passed. Mr. John Lachmann said the people should be told that the City must meet Federal regulations. V/M Massaro said the people do not know about Federal regulations and it must be clarified to them. C/M Stelzer MOVED that the Council recommends using Site "A" to construct the Municipal Complex. SECONDED by C/M Krantz. VOTE: ALL VOTED AYE 43. The Honda Classic - Discussion and possible action to approve a request for a temporary directional sign at University Drive and Commercial Boulevard. SYNOPSIS OF ACTION: Agendized by Consent. City Manager to contact applicant to work out satisfactory arrangements. V/M Massaro MOVED to Agendize by Consent, the emergency item for The Ronda Classic. SECONDED by C/11 Krantz. VOTE: ALL VOTED AYE -7- 2/15/84 t� City Attorney Kenning said that two signs are requested. One would be on the northeast corner of University Drive which is in Tamarac; and the other is on the southeast corner which is in Lauderhill. lie said Council can authorize them to place one sign on the northeast corner in Tamarac and notification can be given to them that if they wish to place a sign on the southeast corner, they mustcontact the City of Lauderhill. V/M MassaroP40VED that the City Manager contact the applicant to work out satisfactory arrangements for signs to accommodate their needs for the week of February 20, 1984, to be removed the week of March 5, 1984. SECONDED by C/M Krantz. VOTE: ALL VOTED AYE THE MEETING WAS ADJOURNED AT 10:15 A.M. MAYOR ATTEST: ASSISTANT CITY CLERK This public statement was promulgated at a cost of $75.36 or $2.10 per copy to inform the general public and public officers and employees about recent opinions and considerations by the Council of the City of Tamarac . -8- 2/15/84 /rb CITY OF TAMARAC, APPROVED AT MEETING OF 2510 S City Clerk ATTACHMENT #1 (Page 1 of 5) L ��'1 1 1 fit. t, �. 5. � v Le A4 U � 1p� rpa-rr 4er4t prvctLt b� 4yyler►cc,n [���l�s ys�err,; c: . _..c. G wi roc tDcd YV U,� r, (\4u* _.In ► 3, 1 q� y , b U. I I c i- S Y-1 j C. C tit I-k. G crj 1 to ►-�(LY'G c c4,', ZA 4 SetiYl cx.s � �_ 5 c-rw�'" w��'.i'. r✓�'V rc'(�� f �„-c ��� � � s . 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