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
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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".
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/, 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.
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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.
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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
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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
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CITY OF TAMARAC,
APPROVED AT MEETING OF 2510 S
City Clerk
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