HomeMy WebLinkAbout1983-05-25 - City Commission Regular Meeting Minutes�LORI'D
P.O. BOX 25010
TAMARAC, FLORIDA 33320
FIRST CLASS MAIL
CITY OF TAMARAC, FLORIDA
CITY COUNCIL
REGULAR COUNCIL MEETING
WEDNESDAY, MAY 25, 1983
CALL TO ORDER: 9:30 A.M.
ANNOUNCEMENT OF TIME ALLOCATIONS - MOTIONS TO TABLE - The Chair
at this time will announce those items which have been given a
specific time to be heard, and will entertain motions from
Council members to table those items which require research.
Council may agendize by majority consent matters of an urgent
nature which have come to Council's attention after publication.
PRESENTATIONS AND AWARDS
1. Employee Service Awards - Presentation by City Manager
Stuurmans of a 10-year pin to Arnold Benas of the Police
Department and 5-year pins to James Gabriel, Engineering
Department, and Belle Vitrofsky, City Clerk's office.
2. Parks and Recreation - Presentation by Mayor Falck of a
proclamation designating June, 1983, as "Parks and Recreation
Month".
BOARDS AND COMMITTEES
3. Burglar_Alarm Committee - Temp. Reso. #2706 - Discussion and
possible action to appoint five 5 members (tabled from
5/11/83).
5/25,Pg. 2
Wards Presented
5/25,Pg. 2
Proclamation
Presented
5/25,Pgs. 4,5,6
TABLED for input
from Citv Atty.
15/25,Pg. 6
4. Board of Social Services - Temp. Reso. #2718 - Discussion and APPVD. Appt. of
possible action to appoint one member. Milton Kern
5. Recreation Board - T
Lqmp. Reso. #2719 -
action to appoint two--(2Y members.
0
N
5/25,Pgs. 6 & 7
Discussion and possibllAPPVD. A pts, of
Matthew Lyons and
Bobby Kearns
Investment Advisory Committee - Tem . Reso. #2720 - Dis- 5/25,Pg. 7,
cussion and possible action to appoint five 5 members. APPVD. appts. of
Leo Platz,Bob
Welcoming Committee - Discussion and possible action on: ]Sokol,RayMunitz
a Acceptance of resignation of Herman Marin. 5/25,Pg. 7,
b) Announcement of one vacancy on this committee. a) ACCEPTED,b)
If anyone is interested in serving on this committee, please Dorothy Kravitz
contact the City Clerk's office for an application. appointed
CONSENT AGENDA
8. Items listed under Item #8, Consent Agenda, are viewed to be
routine and the recommendation will be enacted by one motion
in the form listed below. There will be no separate dis-
cussion of these items. If discussion is desired, then the
item(s) will be removed from the Consent Agenda and will be
considered separately.
5/25,P.g. 8,
APPROVED a)throug
d), f) and g).
e) REMOVED and
then APPROVED "up
to additional
$500.00".
PAGE TWO
a) Alan F. Ruf -- Consulting City Attorney - 5/20/83 - $460.00 -
Approval recommended by City Attorney.
b) Shailer, Purdy & Jolly - Special Counsel for contraband for-
feitures - Services for April, 1983 - $150.80 - Approval
recommended by City Attorney.
c) Williams, Hatfield & Stoner, Inc. - Consulting Engineer -
4/19/83 - $2,395.26 -- Approval recommended by City Engineer.
d) Diversified Utility Services - Special Consultant for 201 Plan
for the period of 7/82 through 3/83 - $19,000.00 - Approval
recommended by City Attorney's office.
e) Traffic Light at University Drive and NW 72 Street - Study by
Craven and Thompson - Authorization to increase the project
funding by an additional $500.00.
f) Bid Authorization - Utilities West - Approval to go to bid for
the excavation and stockpiling of lime sludge.
g) Australian Pine topping and debris removal - Utilities West -
After solicitation of bids, and no bids being received,
authorization to allow the City Manager or her designee to
negotiate for this service in accordance with Code Section
9-37(8).
GENERAL ADMINISTRATIVE/FINANCIAL
9. Aquatic Plant Control Funds - Temp. Reso. #2721 - Discussion
and possible action to amendresolutions-designating..
p prior the
officials responsible for administering this program for Fis-
cal Year 1982/83.
10. 201 Plan - Temp. Reso._ #2722 - Discussion and possible action
to adopt the Broward County 201 Facilities Plan Update.
11. Purchasing Policy - Temp. Reso. #2723 - Discussion and pos-
sible action declaring the intent of the City to "Buy American'
whenever possible.
12. Tamarac Park - Discussion and possible action to approve the
purchase of fencing and picnic tables (tabled from 5/11/83).
13. North Lauderdale -Mar ate Football Boosters Club - Discussion
and possible action to authorize solicitation and waiver of
Chapter 22 of the Code governing "Solicitors and Canvassing".
14. Broward _League of Cities Business - Discussion and possible
action.
PUBLIC HEARINGS - 2:00 P.M.
15. icon, Reo Inc. - _znin_g Petition
__ n #21-Z-82 - Temp._ Ord. #1.01.6 -
_
Discussion and possible action to rezone the southwest portioi
of the island located west of City Hall, south of Paradise
Estates, east of NW 94 Avenue and north of Tamarac Jewish
Center and Broward Neighbors, from R-lB to R-4A. Second
Reading.
16. Ticon, Inc. - Rezonin_g�Petition #22-Z_82 - Temp. Ord. #1017 -
Discussion andpossibleaction,to rezone the southwest and
southeast portions of the island located west of City Hall,
south of Paradise Estates, east of NW 94 Avenue and north of
Tamarac Jewish Center and Broward Neighbors, from R-IB to
RM-10. Second Reading.
5/25,Pg. 11,
APPVD.,Greg.
Turek apptd.
5/25,Pg. 11,
APPVD. as Amen
5/25,Pg. 12
APPROVED
5/25,Pgs. 3 &
APPROVED
5/25,Pgs.12,13
APPVD. subi.to
appvl.of C/Mgr
& Recre. Dir.
5/25,P9. 13,
APPROVDD
5/25,Pgs.16,17
�18,TABLED to
6/22 Mtg. for
City Atty's.
legal opinion.
5/25,Pg.18
TABLED to 6/22
meeting.
PAGE
THREE
17.
Ticon, Inc. - Rezoning Petition #23-Z-82 - Temp. Ord. #1018 -
5/25,Pg. 19,
Discussion and possible action to
rezone the northeast portio
TABLED to mtg.
of the island located west of City
Hall, south of Paradise
of 6/22.
Estates, east of NW 94 Avenue and
north of Tamarac Jewish
Center and Broward Neighbors, from
R-lB to RM-5. Second
Reading.
18.
Woodmont - Discussion and possible
action to vacate certain
/25,Pgs.19,20
road rights -of -way located in the
Woodmont Subdivision in the
&PPROVED a)
following locations:
through 1),Rgst.
a) Land Sections 4 and 5, Tract 63
- Temp. Ord. #1032. Second
for refund to be
Readi ng .
b) Land Section
considered 6/22
4, Tract A, North
Golf Course - Temp. Ord.
meeting
#1033. Second Reading.
c) Land Section 5, Tract A, North
Golf Course - Temp. Ord.
#1034, Second Reading.
d) Land Section 4, Tract 47, North
Golf Course - Temp. Ord.
#1035. Second Reading.
e) Land Section 4, Tract 57 - Temp_.__
Ord. #1036. Second Readin
f) Land Section 5, Tract 57 - Temp.
Ord.._#1037. Second Readin
g) Land Section 4, Tract G, South
Golf Course - Temp. Ord.
#1038. Second Reading.
h) Land Section 5, Tract G, South
Golf Course - Temp. Ord.
#1039. Second Reading.
i) Land Section 4, Tract J, South
Golf Course - Temp. Ord.
#1040. Second Reading.
j) Land Section 5, Tract J, South
Golf Course Temp. Ord.
#1041. Second Reading.
k) Land Section 4, Tract 68, South
Golf Course - Temp. Ord.
#1042. Second Reading.
1) Land Section 5, Tract 68, South
Golf Course - Temp_. Ord.
#1043. Second Reading.
19.
Off -site Improvement Fees - Temp.
Ord. #1044 - Discussion and
/25,Pg. 20
possible action to amen Cod�econs--Z3=T-2
and 23-13 con-
kPPVD. on seconc
cerning fees for excavations or cuts
of curbs, streets or
Final Reading
medians. Second Reading.
L
LEGAL
- - -
AFFAIRS
- _ - - - - -
20.
Off -site Improvement Fees - Temp.�Reso.
#2724 - Discussion
/25,Pg. 20
PPROVED
and possible action to amend the fees
for excavations or cuts
of curbs, streets or medians.
/25,Pgs.14,15
21.
Garchar vs. City of Tamarac - Discussion
and possible action
PVD.payment of
regarding settlement.
r1gal fees w/cor
COMMUNITY DEVELOPMENT
22. Isles of Tamarac - Model Sales Facility_ - Discussion and pos- /25,Pgs.15,16
sible action to renew a model sales permit and waiver of the ABLED to next
300-foot distance requirement for certificates of occupancy tg.for input
( tabled from 5/ 1 1 /83) . from City Atty.
23. Heftler Homes - Discussion and possible action on:
a Reconsideration of request to release bonds posted as a
warranty against construction defects for the following
homes by Temp. Reso. #2679:
1) Block 1, Lot 4
2) Block 1, Lot 5
3) Block 1, Lot 6
b) Streetlight fees
(tabled from 4/27/83)
24. Program Underwriters - Discussion and possible action on:
a Revised site plan for dumpster relocation-Te_mp.Reso.#2655.
b) Acceptance of 5-foot utility easement - Tem .Reso. #2715.-
c) Request for refund of revised site plan fee
(tabled from 5/11/83).
/25,Pgs.9,10
APPVD.w/cond.
Fees to be
educted from
and release.
5/25,Pgs.13,14
3.) b) APPVD.
-) APPVD.refund
A $175.00
PAGE FOUR
25. Fireman's Fund Building - Discussion and possible action on: 5/25,Pg. 14,
a Waiver of the provisions of Code Section 6-12 which re- a) APPVD.w/cond
quire a 6-foot high solid masonry wall. b) APPVD.
b) Acceptance of a 5-foot utility easement - Temp. Reso.#2716
(tabled from 5/11/83). -
26.
Lakes of Carriage Hills - Discussion and possible action on:
5/25,Pgs.26,26
a Request for a one-year extension of a sign waiver to allow
a) APPVD.w/cond
a temporary directional sign at the northeast corner of
Commercial Boulevard and Rock Island Road - Temp-.
b) APPVD.subj.t
#2631 (tabled from 3/9/83). --Reso.
1-year warr.bor
b) Release of a performance bond posted for public improve-
c),d) APPVD.
e)APPVD. for 6
ments for Phase I upon receipt of a one-year warranty bond
months from
Temp. Reso. #2725.
c) Acceptance of Bill of Sale for sewage collection system
5/27/83;a11
improvements - so_#2726.
.Re_
prior cond.in
effect.
d) Acceptance of
of 12� f`utility easement Tem Reso. #2727
p•
- --
e) Renewal of model sales permit for a facility located at
6180 Rock Island Road.
27.
Gardens of Sabal Palm - Revised Site Plan - Temp. Reso. #2731
5/25,Pg,21
Discussion and possible action to approve a revised site plan
APPROVED
for a sun canopy at the recreation area pool.
28.
Sabal Palm Plaza - Temp. Reso. #2736 - Discussion and possibl
5/25,Pgs.20,21
action to clarify and possibly revise a limited parking waivey
TABLED to next
granted under Petition #14-Z-81.
mtg. for approl
29.
Brookwood Gardens/Lake Colony _ Discussion and ossible actin
P
resolution.
5/25,Pg.21
on:
a) Renewal of a model sales permit and waiver of the 300-foot
APPVD.a) & b)
distance requirement for certificates of occupancy.
b) Acceptance
of sidewalk easement - Temp. Reso. #2728.
30.
Woodlands Section 3 - Temp. Reso. #2729 - Discussion and pos-
5/25,Pg.21,
sible action to accept a 10-foot canal maintenance easement
APPROVED
on Lot 4.
31. Woodmont Maintenance Area - Revised Site Plan - Temp. Reso. 5/25,Pgs.7,8
#273D - Discussion and possible action to approve a revised APPVD. w/cond.
site plan for a fire hydrant, pump shelter and a construction
office trailer.
32. Lakeside Plaza - Revised Site Plan - Temp,Reso. #2732 - Dis- 5/25,Pg.22
cussion and possible action to approve a revised site plan to APPROVED
reflect revisions to the median on State Road 7 at Lakeside
Drive.
33. Ki_ngs Point Professional Plaza - Bond Release - Temp. Reso. 5/25,Pg.23,
#2735 - Discussion and possible action to release a bond TABLED at req.
posted to guarantee the installation of landscaping. of CityMgr.
g r.
34. King_ Point - Discussion and possible action to vacate certain 5/25,Pgs.23,24
road rights -of -way in the following locations within this APPVD. on First
development: Reading a),b),
a) Land Section 5, west of Tracts 13, 14 and 15 - Temp. Ord. c).
#1045. First Reading.
b) Land Section 5, west of
#1046. First Reading.
c) Land Section 5, south of
First Reading.
i'racts 22, 23 and 24 - Tem
Tracts 12 and 13 - Tem
Ord.
Ord .#1047
35. Tamarac Town Square - Discussion and possible action on: 5/25,Pgs.24,25.
a Approval of Stipulation concerning landscaping - Temp. 26.
Reso. #2733 a) APPVD..
b) Revised landscape plan b) APPVD, w/cor
c) Revised site plan for an exterior refrigerator - Temp. c)TABLED at rec
Reso. #2734. of applicant
PAGE FIVE
36. Southgate Gardens, Inc. - Status report on conditions of �/25,Pgs.23,24
prior approval granted by Council on 2/9/83. Report by City No progress made
Engineer. Discussion and possible action. permit to lapse
37. NW 61 Street - Southwest Corner - Temp. Reso. #2737 - Dis- iftext mtg.
/25,Pgs,22,24
cussion and possible action to approve execution of an agree- TABLED for prep
ment regarding realignment of NW 61 Street at University Dr. proper Reso.
Canals discusse
38. Drainage Improvements in the City - Discussion and possible in sections 23
a C t 1 0 n . _"— .. .- ._._,__.. and 24.
REPORTS
39. City Council Reports given
40. City Manager No report
41. City Attorney
Report given
PUBLIC HEARING - 5:05 P.M.
42. Moratorium in Land Section 7 - Tem.. Ord. #1020 - Discussion 5/25,Pgs.28,29,
and possible action to establish a moratorium on developments 30,31
in Land Section 7 designated as "Industrial" on Tamarac's APPVD. on secon,
Land Use Plan for a specific period of time until the and Final
completion of the Industrial Planning Study. Second Reading. Reading
City Council may consider such other business as may come before it.
Pursuant to Chapter 80-105 of Florida Law, Senate Bill No. 368; if a person
decides to appeal any decision made by the City Council with respect to any
matter considered at such meeting or hearing, he will need a record of the
proceedings, and for such purpose he may need to ensure that a verbatim record
of the proceedings is made, which record includes the testimony and evidence
upon which the appeal is based.
CITY OF TAMARAACC
Carol A. Evans
43.
Poppy -pays - Presentation by Mayor
Assistant City Clerk
Falck of a proclamation designating
5/25,Pg. 1,Agen
May 26 and 27 as "Poppy Days".
by Cons.
Pg.2,Proclama-
tion presented
Following are the residential and
the City:
commercial zoning districts it,
R-1
R-lB
- Single Family Residence
&
B-2
- Planned Community Business
R-IC
R-2
- One -Family Dwelling
B-3
B-5
- General Business
- Limited Business District
RD-7
- Two -Family Dwelling
- Two -Family Dwelling
B-6
- Business District
R-3U
- Row House
S-1
- Open Space/Recreational
R--3
- Low Density Multiple Dwelling
I-1
M-1
- Institutional
- Light Industrial
RM-5
- Residential Multi -Family
M-2 -
Medium Industrial
RM-10
Dwelling
- Planned Apartment
A-1 -
A-5 -
Limited Agricultural
Agricultural/Excavation
R-4A
R-5
- Planned Apartment
- Motel/Hotel
T-1 -
Trailer Park District
B-1
- Neighborhood Business
CITY OF TAMARAC, FLORIDA
REGULAR CITY COUNCIL MEETING
MAY 25, 1983
Tape CALL TO ORDER: Mayor Walter W. Falck called the meeting to
1 order on Wednesday, May 25, 1983, at 9:30 A.M. in the Council
Chambers.
ROLL CALL: PRESENT: Mayor Walter W. Falck
Vice Mayor Helen Massaro
Councilman Philip B. Kravitz
Councilman David'E. Krantz
Councilman Jack Stelzer
ALSO PRESENT: City Manager, Laura Z. Stuurmans
City Attorney, Jon M. Henning
Assistant City Clerk, Carol A. Evans
Secretary, Patricia Marcurio
Secretary, Roslyn Brauner
MEDITATION AND PLEDGE OF ALLEGIANCE: Mayor Falck called for a
Moment of Silent Meditation followed by the Pledge of Allegiance.
Mayor Falck greeted everyone present and brought special greetings
from the Mayor of Kiryat Tivon who is now preparing to resume his
extended journey and requested Mayor Falck to
thank all of the staff as well as the individuals who attended
the meeting at the Temple last evening and to extend his apprecia-
tion for the interest of the City of Tamarac in Kiryat Tivon as well
as in he and his wife.
The time schedule was then announced by Mayor Falck.
43. Poppy Days - Presentation by Mayor Falck of a proclamation
designating May 26th and May 27th as "Poppy Days".
SYNOPSIS OF ACTION: Agendized by Consent
(See Page 2)
V/M Massaro MOVED to Agendize by Consent, a proclamation for
Poppy Days. SECONDED by C/M Krantz.
VOTE: ALL VOTED AYE
COMMUNITY DEVELOPMENT
26. Lakes of-CarriageHills - Discussion and possible action on:
a) Request for a one-year extension of a sign waiver to
allow a temporary directional sign at the northea9t corner
of Commercial Boulevard and Rock Island Road - Temp. Reso.
#2631 (tabled from 3/9/83).
b) Release of a performance bond posted for public improvements
for Phase I upon receipt of a one-year warranty bond -- Temp.
Reso. #2725.
c) Acceptance of Bill of Sale for sewage collection system
improvements - Temp. Reso. #2726.
d) Acceptance of 12-foot utility easement - Temp. Reso. #2727.
e) Renewal of model sales permit for a facility located at
6180 Rock Island Rd.
SYNOPSIS OF ACTION: (See Pages 26 & 27)
-1- 5/25/83
/rb
Vice Mayor Massaro advised that there is a need for a confirmation to
come from the bank on a performance bond before another one can be re-
leased and that this should be completed some time today if the bank
will provide a telegram or a letter; and asked that this item be taken
up later this afternoon or at any time the applicant comes in with the
necessary document. _
BOARDS AND COMMITTEES
7. Welcoming Committee - Discussion
a Acceptance of resignation of
b) Announcement of one vacancy on
SYNOPSIS OF ACTION: (See Page 7)
b) "announcement" changed to
"appointment of a member".
Councilman Kravitz MOVED
of "the announcement of
pointed to the Welcoming
VOTE:
PRESENTATION AND AWARDS
and possible action on;
Herman Marin.
this committee.
that Bart b) of this item, instead
one vacancy" should read "a member be ap-
Committee". SECONDED by Councilman Krantz.
ALL VOTED AYE
1. Emplo ee Service Awards - Presentation by City Manager Stuurmans
of a 10-year pin to Arnold Benas of the Police Dept. and 5-year
pins to James Gabriel, Engineering Dept. and Belle Vitrofsky,
City Clerk's office.
SYNOPSIS OF ACTION: Awards
Presented.
City Manager Stuurmanns congratulated the three employees and presented
a 10-year pin to Arnold Benas of the Police Dept. and 5-year pins to
James Gabriel, Engineering Dept and Belle Vitrofsky, City Clerk's
office. Mayor Falck expressed his appreciation to these employees
for their fine work.
2. Parks and Recreation - Presented by Mayor Falck of a proclamation
designating June, 1983 as "Parks and Recreation Month".
SYNOPSIS OF ACTION: Proclamation
Presented.
Proclamation was presented by Mayor Falck to Sharon Ellis, Director
of the Recreation Dept.
43. Poppy Days - .Presentation of a Proclamation by Mayor Falck, proclaim-
ing May 26 and May 27 as "Poppy Days".
SYNOPSIS OF ACTION: Proclamation
Presented (See Page 1).
Mayor Falck presented the proclamation to the representatives of the
American Legion Tamarac Post 265 and called upon all the citizens to
observe May 26th and May 27th in honor of our heroic dead and further
called upon each resident and business firm in the City of Tamarac to
display the flag of the United States on these days as our testimony
that we have not forgotten the cost of a free and undivided Republic.
Mayor Falck commented upon the importance of issuing proclamations.
-2- 5/25/83
/rb
GENERAL ADMINISTRATIVE/FINANCIAL
12. Tamarac Park - Discussion and possible action to approve the
purchase of fencing and picnic tables (tabled from 5/11/83).
SYNOPSIS OF ACTION: APPROVED
City Manager Stuurmans, advised that in September 1982, the Recreation
Board, after meeting with Mayor Falck and after discussions with Sharon
Ellis and herself, made a recommendation which was approved by Council for
certain improvements to Tamarac Park amounting to $52,000. Among the
items for consideration were a split rail fence, which would separate
our Park area from what is known as the Loeffler lot, and picnic tables
to be placed at Tamarac Park. City Manager Stuurmans stressed the
importance of separating the two areas for safety and there was some
question as to whether or not the split rail type of fencing would
be best for this purpose since the concern is that there had been
wooden fencing previously which had deteriorated. Mrs. Stuurmans said
that upon discussion with Sharon Ellis, it was learned that the reason
for this deterioration is that the Public Works Dept. had installed the
fencing and used wood that was not treated and, therefore, was not as
durable and resistant as the type of split rail fencing which is
being proposed now, which does have a greater degree of durability
and is being used in parks throughout Broward County and nationwide.
City Manager Stuurmans stated that the other aspect of this item concerns
picnic tables. The last time this was before Council, there was a dis-
cussion on the durability of the wood -type picnic tables that are now
requested Versus a concrete type. The City Manager stated memorandums
have been presented to Council by Sharon Ellis supporting the split
rail wooden fencing for Tamarac Park which falls within the amount
that had been previously approved for this budgeted project and has
also recommended a 6 X 6 wooden picnic table which is locally available
from a firm in Pompano.
Sharon Ellis advised Council that the wood tables are preferred by
parks and recreational professionals over the concrete tables and
that recently the National Parks and Recreation Association stated
their preference for the wood structures. Mrs. Ellis said that she
contacted the various departments and associations who used the concretE:
tables and none of them felt that concrete was really the type of
table that should be placed in an athletic complex area that is highly
used by youth.
C/M Krantz asked Mrs. Ellis if chain link fencing was considered and
she replied that the chain link fence would be more expensive as the
lowest quote was between $2.16 and $2.60 a foot for the split rail
type fencing whereas the chain link fence is approximately $5.00
and up per foot. The split rail fencing would fit in with the theme of
the park and would provide the privacy that is needed to keep the
cars off the soccer field and out of the area.
Councilman Stelzer stated that he felt the Beautification Committee
would say that the wood fence would look more beautiful.
V/M Massaro said that she does not agree with C/M Stelzer since the
Park did have split rail fencing at one time which is not there today;
and, therefore, is not the proper thing to put up. She said that as
far as the tables are concerned, tile pieces may come off whereas
others have had them for years and they have not come off; but the
picture the Recreation Director distributed is not the type of thing
she felt should be put into a park. In various rest areas concrete
tables and benches that are smooth are used and all that is needed
is a hose to clean them whereas wood is abrasive sometimes, just as
concrete is, particularly when wood is exposed to the sun which makes
it splinter.
-3- 5/25/83
/rb
Mrs. Ellis mentioned that she had documentation from other departments
within Broward County regarding materials furnished by companies who
do have to follow consumer standards and safety regulations. The City
has a Public Works Dept. capable of making concrete tables. There
are no other companies in the area that make these tables and she has
researched this. Mrs. Ellis said with reference to the concrete tables,
there is no way to secure them down and they do get vandalized very
easily. Sunflower Heathgate made a poor selection in concrete tables,
which could happen to our park if we go to concrete ,heavily
used by youth. Mrs. Ellis said the proposed wood tables
do not splinter and they have a warranty of up to ten years and are
pressurized wood which is sanded down and restained. Mrs. Ellis said
she would like to state on record that she feels the City would be much
better off with the wood tables because they are durable and would fit
in with the total look of the park. There has been no problem with the
wood structures that are now in the park with splintering or any damage
to them at all.
C/M Kravitz stated that he did some research by virtue of being liaison
to Parks & Recreation and found no objection to the wooden tables. He
felt that the Recreation Director has done a lot of research and the
Council should go along with her recommendation.
C/M Kravitz then MOVED for the APPROVAL of the wooden fencing and
wooden picnic tables. SECONDED by C/M Krantz.
0114 m
BOARDS AND COMMITTEES
C/M Stelzer
Aye
C/M Krantz
Aye
C/M Kravitz
Aye
V/M Massaro
Nay
Mayor Falck
Aye
3. Burgler Alarm Committee - Temp. Reso. #2706 - Discussion and
possible action to appoint five (5) members (tabled from 5/11/83).
SYNOPSIS OF ACTION: TABLED for
input from City Attorney regarding
suggested changes to present
Ordinance.
Jon Henning read the Resolution by title and Mayor Falck nominated
V/M Massaro who has been working on Burglar Alarm as Council liaison.
The Mayor then asked whether there were other nominations. C/M Kravitz
questioned the Mayor as to whether a member of the Council is an actual
member of a Committee if they are appointed by the Council, with full
rights of voting,or whether they area liaison like all other committees.
The City Attorney advised that he is formulating a study which should
be completed within the next week or two with regard to all the com-
mittees.
The City Attorney then checked the Ordinance and stated that the member
of Council, as it stands now in Section 14-69, Subsection 8, is a regular
member of the Committee. This could be amended but as it stands today,
that is what the Ordinance states.
C/M Kravitz asked the City Attorney whether the appointment of one
member of Council to the committee would then create four other open-
ings for the Burglar Alarm Committee, The City Attorney said this is
correct; and even though the Resolution does have five blanks in
Section 2, the Code reads "not less than four members", there could be
four, five, six, etc.
-4- 5/25/83
/rb
C/M Kravitz said he did not feel that Council members who make the
final decisions, should be sitting on a committee recommending and
then voting. He feels that committees are advisory to Council and
that if one is in an advisory capacity serving on a committee, they
should not be voting from Council; and therefore, nobody from Council
should be appointed to the Burglar Alarm Committee, except as a
liaison for guidance.
ape don Henning advised that some committees are advisory, such as the
2 Planning Commission to the Council; but the Board of Adjustment is
not an advisory board. Their decisions are final for those particular
subjects. He stated that in checking the Burglar Alarm Ordinance, he
found this committee is also the last board or last administrative
body in the City and this is not an advisory board in the same sense that
some of the other committees are advisory boards. There is a distinction,
for example, with the Burglar Alarm Committee and the Board of Adjustment.
C/M Kravitz stated that there was no Council member appointed to the
Board of. Adjustment. He said he did not understand why there are
problems on the different functions of the Burglar Alarm Committee
so that Council should serve as a member of that Committee. He stated
that he is opposed to having a Council member on that committee or on
any committee as a legal and regular member of the committee.
V/M Massaro asked C/M Kravitz what he meant when he said we are having
a lot of trouble with the Burglar Alarm Committee. He replied that there
are false alarms and the Committee must decide whether or not there
should be a fine, whether or not when people come back on appeal,thev should
pay a $10.00 fee to be heard. There are all kinds of problems and people
are complaining and asking what's wrong with our Burglar Alarm Committee.
C/M Kravitz stated that he felt we should have Committee members who arP
fully aware of the burglar alarm system and we should not involve
Council, as Council is here for legislation and not for administration.
V/M Massaro pointed out that Council has sworn to uphold our Ordinances
and our Ordinance is very specific and until Chapter 14 of it is amended,
it is the law and Council has to enforce it. She said there are technical
advisors on this committee, experts in their field who judge very care-
fully whether the reason for not paying the fine is legitimate or not;
if it is a legitimate reason it is excused, but if a plane sets off their
alarm,that alarm system is faulty and should be repaired; and if we were
to do what C/M Kravitz felt we should, the City could not afford it.
She said when these false alarms go off, two or three Police cars go
out with each false alarm and they are risking their lives and the lives
of the people on the street because if they don't respond within two to
three minutes, there is no purpose in their going. When there are false
alarms and the Police have risked their lives, the people should pay the
fine. There is absolutely no excuse for a false alarm. V/M Massaro
stated that there is much to be said which should be saved for an amend-
ment to the Ordinance if the majority of Council feel that an amend-
ment is necessary.
C/M Kravitz then stated that he agreed with V/M Massaro's thoughts in
this matter but that he does not agree that a member of Council has
to be there to make a determination; and that when a committee is se-
lected, it is Council's obligation to select the proper people who can
make the right decisions and then if Ordinances have to be changed, it
becomes the problem of Council at that time.
V/M Massaro stated that the Committee makes the appointment of a Chairman
and that she felt this Board has functioned well all these years and
nobody has taken it to court, or appealed a decision.
C/M Stelzer inquired as to whether any of the minutes of prior meetings
of the Board show that the Vice Mayor was so appointed by the Board.
V/M Massaro said that they should because they do not have any meeting
without minutes. There is a tape and a secretary and certainly the
minutes should reflect it.
-5- 5/25/83
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C/M Kravitz then asked how .long the Burglar Alarm Committee has been
functioning and Jon Henning stated that it has functioned about four
or five years. C/M Kravitz inquired as to how long Mrs. Massaro has
been the liaison and the Mayor stated that the Vice Mayor has been
the liaison from the very beginning, appointed by Council.
City Manager Stuurmans stated that last year there was a complete re-
vamping of the Ordinance and after that the Committee was reseated
because it had been in recess while the Ordinance was under review.
Mayor Falck advised that the item on the agenda specifically refers to
this Resolution and does not refer to the Burglar Alarm Ordinance, and
the discussion that has ensued thus far is whether or not the Council
should appoint a Council representative to the Burglar Alarm Review
Committee. The Resolution is asking Council to make such an appoint-
ment as well as members to serve on the Committee. If there is to be
a change in the Ordinance, then that cannot be handled as a part of
this Resolution. If Council wants to amend the Ordinance, they should
table the item and send a memorandum to the City Attorney as to what
should be done in order to bring it back to Council in proper form for
consideration at the next meeting.
C/M Kravitz MOVED to TABLE this item until Council gets information from
the City Attorney on changes of the Ordinance on the Burglar Alarm
Committee. SECONDED by C/M Stelzer.
VOTE: ALL VOTED AYE
4. Board of Social Services - Temp. Reso. #2718 - Discussion and possible
action on appointment of one member.
SYNTOPSIS OF ACTION: APPROVED RESOLUTION NO. R-83-Ayr _PASSED
appointment of Milton Kern.
Jon Henning read the Resolution by title and C/M Krantz stated that
a request was received from Mr. Milton Kern who knows the work and is
qualified.
C/M Frantz nominated I•Iilton Kern to fill the vacancy on the Social Services
Board. MaNror FalcT7 ash ed if there were any other nominations and there
were none. V/M Massaro MOVED that the nominations be closed. SECONDED
by C/M Kravitz.
Melanie Reynolds, Charter Board member, asked if this should not be in
accordance with Section 4.09of the Charter and the City Attorney said
the Ordinance provides for more than the Charter does and gives Council
the authority to make appointments by Resolution.
V/M Massaro MOVED that Temp. Reso. #2718 be adopted. SECONDED by
C/M Krantz.
VOTE:
ALL VOTED AYE
5. Recreation Board - Temp. Reso. #2719 - Discussion and possible action
to appoint two (2) members.
SYNOPSIS OF ACTION: APPROVED
appointment of Matthew Lyons
and Bobby Kearns. RESOLUTION NO. R-83,Ag Pi'�SSI:J
Jon Henning read the Resolution by title and Mayor Falck asked for
nominations.
C/M Kravitz advised that Council received a memorandum from the Parks
and Recreation Director requesting that the name of Matthew Lyons be
added to the list.
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V/M Massaro then nominated Matthew Lyons to the Recreation Board.
SECONDED by C/M Krantz.
Mayor Falck asked for further nominations. C/M Stelzer MOVED the
nomination of Bobby Kearns as a member of the Recreation Board.
SECONDED by C/M Krantz.
C/M Krantz MOVED to close the nominations and adopt Temp. Reso. #2719.
SECONDED by C/M Kravitz.
VOTE:
ALL VOTED AYE
6. Investment Advisory Committee - Tem .Reso. #2720 - Discussion and
possible action to appoint five (5) members.
SYNOPSIS OF ACTION: Appointment
of Leo Platz, Bob Sokol and Ray Munitz. RESOLUTION NO. R-83- Jr PASSEI
Jon Henning read the Resolution by title and C/M Kravitz advised that
Council only received three applications for this Committee and sug-
gested that either Council hold up the appointments or appoint Leo Platz,
Ray Munitz and Bob Sokol, and he so MOVED to appoint Leo Platz, Ray Munitz
and Bob Sokol. SECONDED by C/M Stelzer.
VOTE: ALL VOTED AYE
7. Welcoming Committee -- Discussion and possible action on:
a) Acceptance of resignation of Herman Marin.
b) Appointment of one member to this committee.
SYNOPSIS OF ACTION: a) ACCEPTED
b) Appointed Dorothy Kravitz.
(See also Pages 1 & 2)
RESOLUTION NO. R-83::a6 PASSEI
Jon Henning read the Resolution by title and V/M Massaro MOVED the
adoption of Temp. Reso. #2738, accepting the resignation of Herman
Marin. SECONDED by C/M Krantz.
C/M Kravitz nominated Dorothy Kravitz to fill the vacancy on the
Welcoming Committee. SECONDED by C/M Krantz.
Mayor Falck asked if there were further nominations and there were none.
VOTE:
COMMUNITY DEVELOPMENT
ALL VOTED AYE
31. Woodmont Maintenance Area -- Revised Site Plan - Temp. Reso. #2730.
Discussion and possible action to approve a revised site plan for
a fire hydrant, pump shelter and a construction office trailer.
SYNOPSIS OF ACTION: APPROVED RESOLUTION NO. R-83 f�p2 _PASSED
with conditions. w.
Jon Henning read the Resolution by title and V/M Massaro MOVED to
adopt Temp. Reso. #2730 subject to the following conditions:
- Applicant to provide easement to City at the time of "as built" sub-
mittal and construction bond not to be released until after the ease-
ment is submitted; this is the area where the proposed pump shelter is.
- Applicant will grant emergency access across any paved areas to reach
maintenance areas.
- City Attorney to determine proper method for vacating portion of ease-
ment for pump shelter.
- Council approval of the pump house is conditioned as follows:
-- No building permit for the pump shelter will be issued until the
canal maintenance easement is resolved and the new canal main-
tenance easement for the west side has been properly recorded.
-7- 5/25/83
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City Manager Stuurmansasked V/M Massaro to add a condition to this
approval by City Council that any building structure that is currently
there that may be in violation of the City Code or South Florida Build
inq Code, shall be removed prior to any permit under this Resolution.
V/M Massaro stated that she would add that to the MOTION and that any
structure that is in violation to our Code which exists at the time be
removed before a permit is issued.
C/M Krantz stated that he visited the site and there is a trailer there
already and he asked why they need another 8 X 28 construction
office trailer, There is an existing maintenance building which could
be used by the people who handle the maintenance for Woodmont. He
advised that he discussed this with the President of the Woodmont
Homeowners Association and he also cannot see the need for another con-
struction office trailer.
Lou Vladem, President of the Property Owners Association of Woodmont,
stated that the concern is that they do not know what this trailer is
for.
C/M Krantz advised that he was present at the Site Plan Review Board
when the applicant came in and he is asking for another trailer.
V/M Massaro stated that it was her understanding that Triad does the
landscaping and replaces plants in Woodmont and she asked who the
applicant actually is.
Steve Epple explained that Montwood is the applicant and that Triad
does the landscaping and replaces the plants in Woodmont, as well as
taking care of the lot mowing and small development work. The majority
of the work done by Triad is for Woodmont. The trailer they are now
asking for is 8 X 26 and they want to move two people into it who are
presently working in a little information center in the parking lot
at the clubhouse, which is being removed. These people perform an
accounting function and they do not have any space for them in the
clubhouse and they will not be needed when the membership takes over
the club.
C/M Stelzer asked Mr. Epple why Triad submitted a check for $400.00
if Montwood is the one who is making the application. Mr. Epple ex-
plained that it was because there was no Montwood representative
available to sign the check at the time; but Triad is not making the
application; Montwood is.
Mr. Epple asked if he could expand the easement rather than go through
a vacation procedure and the Vice Mayor said this could be determined
by the City Attorney.
It was further explained by Steve Epple that the other purpose of the
site plan is that the insurance company asked for a pump shelter and
the Fire Marshall asked that a fire hydrant be installed there.
Mr. Epple questioned what paved areas the Vice Mayor referred to in
her MOTION and she explained she referred to the road up to the
maintenance area.
V/M Massaro stated that there is still a tent there and that a permit
will not be issued until any structure that exists in violation Of the
Code is removed, and Mr. Epple agreed to that.
It was then suggested by C/M Kravitz that the City Attorney obtain from
Triad, a letter stating that their check was an exchange check and they
are not requesting a revised site plan for their payment.
The MOTION was then SECONDED by C/M Krantz.
VOTE: ALL VOTED AYE
-8- 5/25/83
/rb
23. Heftler Homes - Discussion and possible action on:
a) Reconsideration.of request to release bonds posted as a
warranty against construction defects for the following
homes by Temp. Reso. #2679:
1) Block 1, Lot . „
2) Block 1, Lot 5
3) Block 1, Lot 6
b) Streetlight fees
(tabled from 4/27/83)
SYNOPSIS OF ACTION: a) APPROVED RESOLUTION NO. R-83-_/,3 %. PASSED
subject to conditions; b) Fees to be
deducted from bond release.
,Ion Henning read the Resolution by title and commented that this has
been addressed at previous Council meetings and there are three
warranty bonds posted for $1,500. each, which the City has been holding.
There has been only one claim and that has been investigated by our
Building Official. In the backup, there is an invoice from a plumbing
company in the amount of $852.00 which was paid by Mr. Shannon, the owner
of one of these homes. The Building Official has advised in a memo that
this should be deducted from one of the bonds.
Tape City Attorney Henning stated that some modifications are needed
3 to the Ordinance or some regulations to carry out the Ordinance so that
the Homeowner receives the protection that is intended by the Ordinance.
The bonds were posted for these three houses long before the closing and
for that reason the bonds have been in force for only approximately one
year of the time the current homeowners have been in possession of the
homes. He further advised that this is the only claim that has been
placed against the bonds and that Mr. Heftler has complied with the
Ordinance, and as the Council's legal advisor, he suggested that it would
be appropriate to release these bonds, with this one deduction for Lot #4.
V/M Massaro stated that she previously advised Mr. Heftler that if he
brought a letter from the three homeowners stating there were no defects,
the bonds would be released, if there were no other monies owed.
Mr. Heftler stated that when this matter was tabled until this meeting,
he informed Council that he would have the proper building officials
look at the homes to elicit complaints against the bonds; and that this
is not actually what is called for in the Ordinance. He further advised
that subsequent to the last meeting, he talked with our Chief Building
Official who said he would keep Mr. Heftler posted on what was going on,
but until two or three days ago, he had heard nothing.
Mr. Heftler further stated that he does not know Mr. Shannon, has never
met him and that he made a request to go along with the Building Of-
ficial to see Mr. Shannon in an attempt to resolve this problem.
Mr. Henning stated that Mr. Shannon's house has been investigated ex-
tensively and there is now a memo from the Building Official recommending
that the $852.00 plumbing bill be deducted. Of Mr. Shannon's various
complaints, only the plumbing bill is recommended to be paid.
V/M Massaro read from the Building Official's memo to the City Attorney
that five doors on kitchen cabinets were warped and that two of these
doors were so warped that it was impossible to close them. These have
not been replaced and a dollar amount has not been put on them. Mr.
Stevens, the Building Official, informed Council that these doors do
not fall under what is called a "construction defect" and would not be
covered under a standard warranty.
-9- 5/25/83
/rb
V/M Massaro further read from that memo that the door jamb or frame of
the sliding glass door of the bathroom is warped. Mr. Stevens stated
that this could happen after the construction period by washing with
muriatic acid or using a corrosive agent on it for cleaning; and he,
therefore, could not determine whether it was a construction defect or
it happened afterwards, but it is his feeling that it happened afterward
from cleaning with a corrosive agent.
V/M Massaro then inquired of Mr. Heftler whether he has checked into
these items to determine whether they are items he should have taken
care of. Mr. Heftler stated that he has had no control over these homes
for almost three years and they were sold to another builder who
subsequently used them as model homes.
Mr. Stevens then remarked that just three weeks ago he saw . . homes that
are now being completed and that the cabinet doors on them are already
warped but there is nothing in the Code that states those doors have to be
perfectly straight, and he cannot tell Mr. Heftler he must replace these
doors because they are warped. Mr. Stevens told the Council that doors
that are made with particle board, formica on one side and painted on the
other, have a tendency to warp when they get to a certain size and this
is what is used in a great many homes today.
Mayor Falck asked Mr. Henning for his recommendation to Council.
Mr. Henning stated that his concern legally is that Mr. Heftler has
satisfied the Ordinance regardless of the failings of the Ordinance; and
that he recommends in this particular instance, release of the bonds with
a deduction of the plumbing bill.
C/M Kravitz advised that a memorandum was issued to Council by the accountan-
stating that there are guaranteed revenues due on Tract 26 of $368.90 which
to date remains unpaid.
V/M Massaro informed the Council that there is also a charge of $1,716.00
which is due for thirteen lights.
City Attorney Henning advised Council that the history of this matter is
that the City has been charging the developer for the electrical cost of
lighting for the first year of installation before the subdivision is
fully occupied. There is a cost to the City that normally would be re-
imbursed by taxes if the homes were occupied. In this instance, the fee
was not made known to Heftler Homes by our Engineering Department and
they did not pay the fee because they were not asked to pay the fee. The
permits were issued, the engineering work completed, approved and now a
couple of years later Mr. Heftler is told that $1,700.00 is owed. We
must presume that if he were informed there was a $1,700.00 bill out-
standing, it would have been paid when he sold half of these houses to
Charmec which has since gone bankrupt.
V/M Massaro indicated that this fee requirement is in the Ordinance. Mr.
Heftler stated that he felt our Ordinance is wide open and does not state
whether they are to pay us $10.00 a house or $100.00 a house or whatever;
it just states that fees required to maintain the lighting system for
one year are to be paid. He further advised the Council that the lights
have not yet been installed by Florida Power & Light and will not be
installed for another six months, at which time nine lights will be
installed and not thirteen.
V/M Massaro then MOVED that these bonds be released subject to payment of
all fees due the City, that the monies paid by Mr. Shannon for the
plumbing be withheld, that the $368.90 due the Finance Department be
paid and the amount due for one year's maintenance charges for streetlights
be withheld, the amount dependent upon the number of lights our Engineering
Department state will be installed. SECONDED by C/M Krantz.
VOTE: ALL VOTED AYE
-10- 5/25/83
/rb
8. Consent Agenda
a) Alan F. Ruf - Consulting City Attorney - 5/30/83 - $460.00 -
approval recommended by City Attorney.
b) Shailer, Purdy & Jolly - Special Counsel for contraband for-
feitures - Services for April, 1983 - $150.80 - Approval rec-
ommended by City Attorney.
c) Williams, Hatfield & Stoner, Inc. - Consulting Engineer - 4/19/83 -
$3,395.26 - Approval recommended by City Engineer.
d) Diversified Utility Services - Special Consultant for 201 Plan
for the period of 7/82 through 3/83 -- $19,000.00 - Approval rec-
ommended by City Attorney's office.
e) Traffic light at University Drive and N.W. 72nd Street - Study
by Craven & Thompson - Authorization to increase the project
funding by an additional $500.00.
f) Bid authorization - Utilities West - Approval to go to bid for
the excavation and stockpiling of lime sludge.
g) Australian Pine topping and debris removal - Utilities West -
After solicitation of bids and no bids being received, authori-
zation to allow the City Manager or her designee to negotiate
for this service in accordance with the Code Section 9-37 (8).
SYNOPSIS OF ACTION: APPROVED Items.
a) through d), f) and g). e)
Removed for discussion and APPROVED
"up to an additional $500.00,1.
C/M Kravitz MOVED to approve Items a), b), c), d), f) and g.) and
REMOVE Item e) for further discussion. SECONDED by V/M Massaro.
VOTE: ALL VOTED AYE
C/M Kravitz explained that he hela Item e as he did not know who
authorized payment. C/M Stelzer explained that the City Engineer
made the authorization in his memorandum of May 17, 1983. C/M Kravitz
240VED to approve the increase of the project funding on Item e) by
an additional amount of up to $500.00. SECONDED by V/M Massaro.
ALIA VOTED AYE
GENERAL ADMINISTRATIVE/F.T.NANC',IAT,,
9. ASIuatic Plant Control Funds - Temp. Reso. #2721 - Discussion and
possible action to amend prior Resolutions designating the officials
responsible for administering this program for Fiscal Year 1982/83.
SYNOPSIS OF ACTION: APPROVED. Gregory RESOLUTION NO. R- E2:1 7 ^PASSED
Turek appointed for Fiscal 1982/83.
The City Attorney read the Resolution by title and pointed out that Mr.
Gregory Turek, our new Public Works Director, is indicated as the person
recommended to administer this program.
V/M Massaro MOVED to appoint Mr. Gregory Turek as the person responsible
to monitor the Florida Aquatic Plant Control, SECONDED by C/M Kravitz.
VOTE:
ALL VOTED AYE
10. 201 Plan - Tem . Reso. 2722. - Discussion and possible action to
adopt the Broward County 201 Facilities Plan Update.
SYNOPSIS OF ACTION: APPROVED as
amended.
RESOLUTION NO. R- 93 e _PASS]
The City Attorney 'read the Resolution by Title and informed the Council tha�
a request has been received from Chairman Jack Fried of the County
Commission acknowledging the County approval and, hopefully, the City
approval of the 201 Program as it is proposed. There have been several
cities in the area who have already submitted their approval and there
-11- 5/25/83
/rb
are a couple of cities that are still outstanding. He said the City
agreed with most of the format but the County asked the City include
in the Resolution, in Section 1 where it says that the 201 Facility
Update adopted by the County Commission at meetings held on August 19,1982
and March 17, 1983, is hereby approved, and that what was concluded
at those two public hearings is approved by the City Council. Actually
they are asking for a little more latitude than was thought necessary.
Mr. Henning said as far as any changes in the future, this is an adoption
of what has been passed, nothing more, and what the County is asking
is that the Council give them the acknowledgment that actual future de-
velopment may alter certain specific inclusions of the plan.
V/M Massaro asked Mayor Falck whether this meets with his approval, since
he has been completely in touch with this plan and Mayor Falck said that
it does and he feels we should indicate to the County that this is our
understanding of what has transpired thus far and that we are continuing
to work in the areas for which we are responsible. The Mayor recommended
that the Council go on record as officially approving Temp. Reso. #2722.
V/M Massaro MOVED adoption of T:em Reso. #2722 accepting the Broward
County 201 Facilities Plan Update, SECONDED by C/M Krantz.
VOTE:
ALL VOTED AYE
11. Purchasing Policy - Temp Reso. #2723 - Discussion and possible
action declaring the intent of the City to "Buy American" whenever
possible.
SYNOPSIS OF ACTION: APPROVED RESOLUTION NO. R- 0�1� PASSED
City Attorney Henning read the Resolution by title and C/M Krantz MOVED
the adoption of Temp. Reso. #2723 declaring the intent of the City to
purchase American -made supplies, whenever possible. SECONDED by V/M Massaro.
VOTE:
ALL VOTED AYE
13. North Lauderdale -Mar ate Football Boosters Club - Discussion and
possible action to authorize solicitation and waiver of Chapter 22
of the Code governing "Solicitors and Canvassing".
SYNOPSIS OF ACTION: APPROVED subject
to approval of City Manager in coordina-
tion with Recreational Director.
City Attorney Henning advised the Council that he originally requested
this item be placed on the agenda because over the last several weeks,
the City has received requests to authorize fund raising and solicitation
at intersections at 441 and Commercial.Blvd. which are adjacent to part
of the City of Tamarac. He stated that there is a provision in the
Ordinance requiring extensive background checks, etc., which is intended
primarily for door-to-door solicitation; however, activity at inter-
sections would be covered by that Ordinance and there is provision in the
Ordinance that those prerequisites be waived by Council.
V/M Massaro advised the Council that Mr. Briggs of the NorthLauderdale-
Margate Football Boosters Club came in to:see her regarding this matter
and she explained to Mr. Briggs that her objection, as well as the ob-
jection of the Police Chief, is that the City does not want people out
in the streets as this poses a possible liability question. Our Police
have been instructing the solicitors to leave the intersections or
they would be subject to arrest. Mr. Briggs asked her if they could
stand in the median but the same situation applies.
-12- 5/25/83
/rb
City Manager Stuurmans said that since there was no one present from
the North Lauderdale -Margate Boosters Club, she recommended Council
proceed with a conditional approval.
V/M Massaro said she feels this should be left for the. City Manager
to handle as she understands Council's position and will coordinate with
Sharon Ellis; but under no condition is the North Lauderdale --Margate
Boosters Club permitted to solicit in the streets, and she so MOVED.
SECONDED by C/M Kravitz.
City Attorney Henning then stated that there is a new amendment to the
Ordinance for a 10:00 A.M. to 4:00 P.M. time frame.
VOTE: ALL VOTED AYE
14.. Broward. League of Cities Business - Discussion and possible action.
SYNOPSIS OF ACTION: No new business.
Mayor Falck told the Council that this is a continuing item and he asked
C/M Kravitz whether he wished to make any observations.
C/M Kravitz stated that the Council all appeared at the last meeting in
Broward and a copy of the minutes was received. He advised that as
information is received he will pass it along, so that Council will be
informed.
MEETING WAS RECESSED TO 1:30 P.M. FOR LUNCH
ape MEETING WAS CALLED TO ORDER AT 1:30 AND ALL WERE PRESENT.
4
COMMUNITY DEVELOPMENT
24. Program Underwriters -- Discussion and possible action on:
a Revised site plan for dumpster relocation - Temp. Reso. #2655.
b) Acceptance of 5-foot utility easement -- Temp. Reso. #2715.
c) Request for refund of revised site plan fee (tabled from�5/11/83.
SYNOPSIS OF ACTION: a) and b) APPROVED
and c) APPROVED refund of $175.00.
RESOLUTION NO. R-,& -13.2 PASSED
RESOLUTION NO. R-�/3 PASSE
a) The Resolution was read by title by V/M Massaro, and Joel Schultz,
representative for the developer, Jamaline Properties, informed the
Council that the site plan was originally approved with the dumpster
set 15 feet from the rear setback, but it should have been 20 feet
from the rear setback so as not to abut into its own subdivision.
On Lot #10, Program Underwriters, the dumpster has not yet been built,
so drawings were modified to put it in its proper location, for
which an approval is needed today with one parking space being
revised to the center aisle.
V/M Massaro stated that two easements were needed and she asked
Mr. Schultz whether the two easements were provided now. Mr. Schultz
replied that the easements have been prepared but have not yet been
signed.
V/M Massaro then asked Mr. Frybergh who the proper individual would
be to sign the two easements needed for Fireman's Fund Insurance Co.
and for Program Underwriters. Mr. Frybergh stated that he is the
individual who is to sign both these easements.
V/M Massaro then MOVED the adoption of Temp. Reso. #2655 in view of
the fact that we do have the two recorded easements that were required.
SECONDED by C/M Krantz.
VOTE:
ALL VOTED AYE
-13- 5/25/83
b) The Resolution was read by title by C/M Kravitz and V/M Massaro
MOVED to adopt Tea . ReSo. #2715 accepting the easement and
that the appropriate persons be authorized to accept it for the
City. SECONDED by C/M Krantz.
VOTE:
ALL VOTED AYE
c) V/M Massaro stated that since the City was given the necessary
easement and received full cooperation from the developer, she
MOVED to refund the fee of $175.00. SECONDED by C/M Stelzer.
VOTE:
ALL VOTED AYE
25. Fireman's Fund Building - Discussion and possbld action on:
a) Waiver of the provisions of Code Section 6-12 which require a
6-foot high solid masonry wall.
b) Acceptance of a 5-foot utility easement - Tem Reso. #2716
(tabled from 5/11/83)
SYNOPSIS OF ACTION: a) APPROVED RESOLUTION NO. R-��PAS.SE
with conditions. b) APPROVED
a) Mayor Falck asked whether anyone of the public objects to this
waiver and there was no response.
VOTE:
V/M Massaro inquired as to what the condition of the louvered
wall is at present. Mr. Joel Schultz explained that the wall
now has two broken slats in it which are being replaced and
painted the same color as the existing fence. V/M Massaro
stated that she is not in favor of waiving the requirements of
this Ordinance because she does not like louvered fences as
invariably they are broken and feels nothing will substitute
for the type of wall that is required by the Code.
Mr. Schultz explained that presently there exists a 600 foot
continuous fence which is owned by various properties and that
100 feet of this fence is on the property of the Fireman's Fund
Building. This means that they will have to remove 100 feet of
the existing fence and replace it with a masonry fence which
will not be compatible with the other 500 feet.
V/M Massaro MOVED to approve the waiver of the Code requiring
a 5-foot high masonry wall with the condition that if the present
louvered fence is not repaired within sixty days of notification
from the City that repairs are necessary, the louvered fence
will be taken down and replaced by a solid masonry wall.
SECONDED by C/M Krantz.
ALL VOTED AYE
b) The Resolution was read by title by City Attorney Henning and
V/M Massaro MOVED the adoption of Temp. Reso. #2716 accepting a
5-foot utility easement and that the proper person be authorized
to accept for the City. SECONDED by C/M Krantz.
VOTE:
ALL VOTED AYE
21. Garchar Vs. City of Tamarac - Discussion and possible action regarding
settlement.
SYNOPSIS OF ACTION: APPROVED payment
of legal fees with conditions.
3[0
5/25/83
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City Attorney Henning informed the Council that this case goes back to
1974 and that there have been some settlement negotiations in the case.
Originally there was a jury trial, a judgment, a verdict, a reversal
by the District Court of Appeal; and then during the preparation for a
second trial, the City agreed upon a settlement payment to Mr. Garchar.
The terms of that settlement are that a lump sum of one million dollars
would be paid at the time of settlement and an additional $100,000.00
would be paid annually in quarterly payments of $25,000.00 per quarter.
After ten years, the City would make another lump sum payment of
$100,000.00 and in fifteen years, or five years later, there would be
an additional payment of $250,000.00.
Mr. Henning further explained that as part of the settlement, the City
was not required to stand behind the guarantee that these payments
would be made over the successive years; and this is in part through the
efforts of our Council who made sure the settlement papers did not put
the City in any form of liability. The last item to be resolved, he
said, was the counterclaim by the City against the Carrier for improper
handling of the case initially; and as part of the settlement terms,
it is stipulated that each party would bear its own legal costs. The
total cost to the City for the counterclaim was $130,000.00, toward which
the City has already made payment of $23,217.00. The City Attorney said
what is before the City Council at this time is the consideration of
payment of the $106,783.00 as final payment of the $130,000.00 in -legal
fees which are due the firm of Peters, Pickle, Flynn, Niemoeller & Downs.
V/M Massaro MOVED approval of payment of $106,783.00 to the firm of
Peters, Pickle, Flynn, Niemoeller & Downs as full and final payment of
legal fees, with notification from that firm of their acceptance of
the settlement; and that if there is a default in the structured settle-
ment as outlined by the City Attorney, it will be a matter for Mr. Garchar
and his attorneys and not the City of Tamarac; and that this payment is
to be taken from the Contingency Fund. SECONDED by C/M Krantz.
VOTE: ALL VOTED AYE
COMMUNITY DEVELOPMENT
22. Isles of Tamarac - Model Sales Facili
action to renew.a model sales permit
distance requirement for certificates
5/11/83).
SYNOPSIS OF ACTION: TABLED to next
meeting
pending input from City
Attorney regarding City protection
concerning fees in arrears.
ty - Discussion and possible
and waiver of the 300 foot
of occupancy (tabled from
City Attorney Henning informed the Council that he and Mr. Steve Wood,
Finance Director, called the representative from Midlo Development to
inquire about the fees due the City. Apparently there was a transfer of
a payment and there was some confusion. The payment made in May was
transferred to April since payment was not made for April and it is
just a matter of straightening out the lines of communication and
sending out the additional invoice that is necessary.
V/M Massaro said according to a copy of a letter she received from Midlo
Development, they are enclosing a check for $2,477.75 which represents
the guaranteed revenue payment for the period of May 31st to June 30th.
She said the letter stated they were informed by GMG Investments that
they will keep it as the payment for the period of April 30th to May 31st,
which was paid on April 19, 1983 (check #869). She said this is the
check the City has no record of.
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The City Attorney said he called them and they took ownership around
April 6, 1983 and they acknowledged that they would be responsible
for the May payment. Carol Evans, Assistant City Clerk, said they have
recently paid for a few meters and this is why the amount has been
reduced. Jon Henning said this is a Water & Sewer Agreement from TUI
which was signed around 1977 and they have sent a list of all Lots and
Blocks they have purchased and the City is in the process of entering
into either an assignment agreement or a separate agreement. He said
they have made contact, are balancing their books and have sent out
the initial invoice that was necessary.
V/M Massaro MOVED to TABLE this item to the next regular meeting so as
not to close the Model Sales Facility and that, meanwhile, the City
Attorney will confer with the City Manager and the Finance Department to
ascertain that the City is protected as far as payment of the fees which
are now in arrears are concerned. SECONDED by C/M Stelzer.
VOTE: ALL VOTED AYE
PUBLIC HEARINGS
15. Ticon, Inc. Rezoning Petition #21-z-82 - Temp. Ord. #1016 - Discussiol
and possible action to rezone the southwest portion of the island lo-
cated west of City Hall, south of Paradise Estates, east of N.W. 94th
Avenue and North of Tamarac Jewish Center and Broward Neighbors, from
R-lB to R-4A. Second Reading.
SYNOPSIS OF ACTION: TABLED to the 6/22/83
neeting pending City Attorney's
)pinion on legal rights of the City.
City Attorney Jon Henning read the Ordinance by title. Mayor Falck opened
and closed the public hearing with no response.
Mr. Henning said there was a Land Use Plan amendment which increased the
density of the particular land the Council was addressing. The Ordinance
which is in front of the Council today is one of three Ordinances which
have traveled together relating to land platted prior to the land use
amendment. Mr. Henning said at the first reading it was proposed that he
write a letter to Myles Tralins concerning fees resulting from the en-
hanced density of this rezoning. It was the understanding that this
matter would be discussed with Mr. Tralins' client, after which Mr. Tralins
and he would meet and present to Council a Developers Agreement en-
compassing the impact fees that were outlined in the letter of proposal,to
be presented to Council one week before today's meeting. This was not
done, the City Attorney said, and in attempts to contact Mr. Tralins, it
was learned yesterday that the fees as outlined were not acceptable to
his client.
Mr. Henning further explained that prior to this, he had discussions with
City Planner Dick Rubin and with the petitioner's planner, Julian Bryan.
He said based upon the Broward County Land Use Plan, the City has the
authority to request additional impact fees as a result of land use
amendments that occur on land that had already been platted by the County;
because this land has already been platted by the County, the County is
no longer involved in the impact fees.
The City Attorney advised that Council has a copy of the packet which was
hand delivered yesterday from Mr. Tralins, requesting a judicial determina-
tion of the facts or fees as outlined; and that the three Ordinances will
be considered for second reading and rediscussion as apparently there
has been no agreement on the required impact fees.
Myles Tralins then informed Council that Mr. Henning's accounting of this
matter was accurate in terms of the history. For the record, he wanted
it to be clear that Ticon, Inc. is ready, willing and able to pay any
and all impact fees that the City is legally authorized to accept for
-16- 5/25/83
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purposes of developing this property. But, as indicated in the letter
which was hand delivered to Mr. Henning, he said those types of fees
include, but are limited to, the City's recreation impact fee which would
be approximately $550.00 per unit, as well as the fee assessed for
applying for a building permit, the water and sewer connection fees,
and all other fees that the City is authorized to collect under Ordinances,
Charter and Code of the City, as outlined in.Mr. Henning's letter of
May 5 as ERC hookups, Recreation Fee, Engineering Fee, Building Permit
Fee, first year cost of Streetlight Fee, Drainage Fee of $130.00 per
acre and the drainage fee of 5% if -the site was not excavated.
Mr. Tralins further stated that his client's position is outlined in the
letter which states that there is no legal authorization that he can find
for the arbitrary assessment of fees for zoning density, particularly
when an application for zoning density would bring the property in con-
formity with the master Land Use Plan. He said it is merely a request
by the developer and owner of the property to allow him to have the use
of the property to which he is legally entitled. Mr. Tralins stated the
property is platted and Ticon, Inc. has already paid the necessary fees as-
sessed.by the County and that they are legally entitled to have their
zoning application considered on merit, as outlined to the City in a letter.
He said that as far as charging $177,600.O0 to grant them density to which
they are already entitled under the master Land Use Plan, if there is some
legal propriety that would allow the City to do that, and a court of
proper jurisdiction makes that determination, the fee will be paid.
Mr. Tralins then said he does not believe that the Ordinance, the Statute
or any part of the law would allow the City to sell density and that is
the reason his client has made the determination not to pay the $177,600.00
to get that to which he is otherwise legally entitled, which is a little
less than ten units per acre on this 46.1 acre site. He asked that the
Council make this a part of the minutes of this meeting.
C/M Stelzer read the letter referred to, into the record, which was
hand delivered to City Attorney Henning, dated May 24, 1983 (See Attachment
#1, pages 1 through 4).
'ape C/M Stelzer stated that the reason he wanted to read this letter into the
5 record and inform the public is that he has not been involved in this
rezoning since its inception, as his term of office came into effect
after this was started. He said he feels that any threat to the City
should not include him and he feels he should be clear of any action that
the City Council wishes to take.
C/M Stelzer then MOVED that action on this matter be TABLED until we can
get an input from the City Attorney as to the legal rights of the City.
V/M Massaro asked C/M Stelzer if he would consider tabling this to the
second meeting in June so that there is ample time for us to consider
everything.
C/M Stelzer said he is agreeable and V/M Massaro then SECONDED the MOTION.
V/M Massaro stated that for the record she wished to say that she
does not agree with the letter as it has been submitted.
Mr. Tralins then stated that as he. indicated in previous correspondence
to the City, this matter was originally scheduled on January 26, 1983,
and now it is May. In a letter to the City of March 24, 1983, Mr. Tralins
advised that he specifically referred Mr. Henning to Section 28-25g of
the Tamarac City Cade which provides "that Council shall act upon the
application or recommendation within ten days of the date of the public
hearing thereon unless the Council shall, upon its own Motion, extend
the time for an additional time not to exceed sixty days", referring
-17- 5/25/83
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to the period of time in which the Council must act on an action taken
by the Planning Commission with respect to rezoning applications.
Mr. Tralins further stated th&t his client is not walling to be delayed
any longer and the issue to be considered is whether the City thinks
they are legally entitled to charge $177,600.00 for rezoning and if
Council wishes to segregate the issue, he suggested that Council con-
sider the rezoning matter on its own. He said Council could then decide
what action they wish to take with respect to whether or not Council
wants to charge $177,600.00.
He stated further that tabling the matter again will not change its
position or open the matter to negotiation for a lesser price, but will
just cause another delay and that under the Tamarac City Code, Council
is required to hear this and make a determination.
VOTE: ALL VOTED AYE
City Attorney Jon Henning said a few months ago, Council received a
request to be heard within the sixty day period as mentioned by Mr.
Tralins. At that time the Council meeting was approximately 65 days off
and in a discussion with Mr. Tralins it was agreed to wait until the
following meeting regardless of the technicality of the extra couple of
days. Mr. Henning then stated that since the first meeting, after the
Planning Commission finished their deliberation, there have been a few
delays or continuances, but Mr. Tralins acquiesced to them and stated
that if additional time would help resolve the matter, he would be agree-
able to another delay. Mr. Henning advised that it was agreed at the
last meeting that he and Mr. Tralins would prepare a Developers Agreement
to be presented to Council a week before the meeting, but this was not
done. Council was emphatic that they needed a week to review any paper
work that came in before the meeting.
Mr. Tralins then said that to complete the record he wished to state
that the May 18, 1983, Report of Council Action Stated that the rezoning
was approved subject to a Developers Agreement, as pointed out by Mr.
Henning, to be presented to Council in time to review before the next
meeting. Mr. Tralins further stated that there was no Developers Agreement
because his client would not sign an agreement to pay $177,600.00 and he
felt that the important thing to do was to advise Council as soon as his
client made that decision. He then referred again to the packet contain-
ing his letter of April 25, 1983 which agreed to the rescheduling of the
meeting from April 27th to May llth but provided that except for that re-
scheduling, his client did not waive any of their rights for legal en-
titlements with respect to the petition.
16. Ticon Inc.- Rezoning , „ Petition #22-Z--
_._ ._ 8 2 - Temp. Ord. # 1017 -
Discussion and possible action to rezone the southwest and southeast
portions of the island located west of City Hall, south of Paradise
Estates, east of N.W. 94th Avenue and north of Tamarac Jewish Center
and Broward Neighbors, from R-IB to RM-10. Second Reading.
SYNOPSIS OF ACTION: TABLED to the
meeting of June 22, 1983.
City Attorney Jon Henning read the Ordinance by title and Mayor Falck
opened the Public Hearing.
Carl Alper, resident, stated that he felt since the City has the right to
decide whether to rezone or not, they should consider the impact the
rezoning would have upon the City before making their determination.
V/M Massaro explained that fees are based upon the impact that rezoning
would have upon the City and in this particular area; the Land Use Plan
has designated the area to have five to ten units per acre and we are
required under that Land Use Plan to zone to not less than five units or
more than ten. If the City decides to rezone the area, that would have a
serious impact upon the City. Mayor Falck closed the public hearing.
V/M Massaro then MOVED that Temp. Ord. #1017 be tabled to the second
meeting in June. SECONDED by C/M Krantz.
VOTE: ALL VOTED AYE
5/25/83
17. Ticon, Inc. - Rezoning -Petition #23-Z--82 - Temp. Ord. #1018 -
Discussion and possible action to rezone the northeast portion
of the island located west of City Hall, south of Paradise
Estates, east of N.W. 94th Avenue and north of Tamarac Jewish
Center and Broward Neighbors, from R-lB to RM-5. Second Reading.
SYNOPSIS OF ACTION: TABLED to
the June 22, 1983 meeting.
City Attorney Henning read the Ordinance by title and Mayor Falck
opened and closed the public hearing with no response.
V/M Massaro then MOVED that Temp. Ord. #1018 be tabled to the second
meeting in June. SECONDED by C M Krantz.
VOTE: ALL VOTED AYE
18. Woodmont - Discussion and possible action to vacate certain road
rights -of -way located in the Woodmont Subdivision in the following
locations:
a) Land Sections 4 and 5, Tract 63 - Temp. Ord. #1032. Second
Reading.
b) Land Section 4, Tract A, North Golf Course - Temp. Ord. #1033.
Second Reading. -
c) Land Section 5, Tract A, North Golf Course - Temp. Ord. #1034.
Second Reading.
d) Land Section 4, Tract 47, North Golf Course - Temp. Ord. #1035.
Second Reading.
e) Land Section 4, Tract 57 - Temp. Ord. #1036 - Second Reading.
f) Land Section 5, Tract 57 - Temp, Ora. #1037 - Second Reading.
g) Land Section 4, Tract G, South Golf Course - Temp. Ord. #1038.
Second Reading.
h) Land Section 5, Tract G, South Golf Course - Temp. Ord. #1039.
Second Reading.
i) Land Section 4, Tract J, South Golf Course - Temp. Ord. #1040.
Second Reading.
j) Land Section 5, Tract J, South Golf Course - Temp. Ord. #1041.
Second Reading.
k) Land Section 4, Tract 68, South Golf Course - Temp. Ord. #1042.
Second Reading.
1) Land Section 5, Tract 68, South Golf Course - Temp. Ord. #1043.
Second Reading. ^
SYNOPSIS OF ACTION: APPROVED Items ORDINANCE NO. 0- PASSED
a) through 1). Request to refund ORDINANCE NO. 0- r3:Zg PASSED
portion of fees to be reconsidered ORDINANCE NO. 0-- ,3 - PASSED
at June 22nd meeting. ORDINANCE NO. O- p PASSED
ORDINANCE NO. 0-PASSED
ORDINANCE NO. 0- fj, -e? Z -PASSED
ORDINANCE NO.. O-j?5 —.Z.9 PASSED
ORDINANCE NO. 0- Q' -o? PASSED
ORDINANCE NO. 0-- $,3 -a?PASSED
ORDINANCE NO. 0-� PASSED
ORDINANCE NO. 0--_ 3- g7 PASSED
ORDINANCE N'ASSED
City Attorney Henning read the Ordinances by title and Mayor Falck asked
whether anyone of the public wished to speak on any one or all of the
items described.
Mr. Glenn Mednick, attorney representing Tract 76 Corp. and City National
Bank of Miami, stated that he was before this Council two weeks ago on
this petition and would now like to mention that at that meeting the
question of fees was discussed and it was left that during the two week
--19-- 5/25/83
/rb
period prior to this present meeting, the Council would reconsider
whether the fee would be $25.00 or the current fee of $150.00. He
advised that the basis for the request is that the application
originated back in November, 1982 when the legal descriptions were
submitted. Mr. Mednick asked that if Council decides to assess the
fee of $150.00 he would just ask for clarification as to the amount
of fees which have to be paid as they paid a total of thirteen fees
and there are only twelve Ordinances as one of the Ordinances has two
sections in one tract.
V/M Massaro apologized to Mr. Mednick for the delay and informed him
that although Council will take action at this time on vacating the
various tracts, the matter of the fees will not be closed until Council
determines what caused the delays which brought us into a period where
the fees were increased. V/M Massaro said Mr. Mednick is entitled to
consideration and she asked that he bear with Council until the June 22,
1983 meeting. The City Attorney stated that the fees were paid and
that Mr. Mednick is now seeking a refund. Mr. Mednick then thanked V/M
Massaro for her efforts and expressed his appreciation to the Council.
V/M Massaro MOVED that Temporary Ordinances #1032, #1033, #1034, #1035,
#1036, #1037, #1038, #1039, #1040, #1041, #1042 and #1043 be Approved on
Second and Final Reading. SECONDED by C/M Krantz.
VOTE: ALL VOTED AYE
19. Off -Site Improvement Fees - Tem Ord. #1044 - Discussion and
possible action to amend Code Sections 23-12 and 23-13 concerning
fees for excavations or cuts of curbs, streets or medians. Second
Reading.
SYNOPSIS OF ACTION: APPROVED on ORDINANCE NO. 0- U —16 PASSED
Second and Final Reading.
C/M Stelzer read the Ordinance by title, and Mayor Falck opened the
public hearing.
Melanie Reynolds said when she read the Ordinance, it was stated that
the fees were in the Code. She felt the fees should be in the Ordinance.
V/M Massaro advised that a Resolution will be coming up with the fees.
Mayor Falck closed the public hearing.
V/M Massaro MOVED that Temp. Ord. #1044 be APPROVED on Second and Final
reading. SECONDED by C/M Krantz.
VOTE: ALL VOTED AYE
LEGAL AFFAIRS
20. Off -site Improvement Fees - Tema. Reso. #2724 - Discussion and
possible action to amend the fees for excavations or cuts of
curbs, streets or medians.
SYNOPSIS OF ACTION: APPROVED
RESOLUTION NO. R- �PASSED
City Attorney Jon Henning read the Resolution by title and V/M Massaro
MOVED that Temp. Reso. #2724 be APPROVED as written. SECONDED by C/M Krant
VOTE:
COMMUNITY DEVELOPMENT
ALL VOTED AYE
28. Sabal Palm Plaza - Temp. Reso. #2736 - Discussion and possible
action to clarify and possibly revise a limited parking waiver
granted under Petition #14-Z-81.
SYNOPSIS OF ACTION: TABLED to next
meeting for preparation of appropriate
Resolution.
-20- 5/25/83
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City Attorney Henning stated that the Resolution is not yet prepared
and V/M Massaro then MOVED to TABLE this item to the next regular
meeting. SECONDED by C/M Krantz.
VOTE :
ALL VOTED AYE
27. Gardens of Sabal Palm - Revised Site Plan - Temp. Reso. 42731 -
Discussion an a
Possible ction to approve revised s to plan, for
a sun canopy at the recreation area pool.
SYNOPSIS OF ACTION: See Below
Jon Henning read the Resolution by title and V/M Massaro MOVED the
adoption of Temp. Reso. #2728 for a 12' sidewalk easement. SECONDED
by C/M Krantz. C/M Stelzer suggested including any conditions that may
have been placed on the original model sales permit. V/M Massaro said
she would include this in her MOTION, adding that the proper individual
should be authorized to execute the document for the City.
VOTE:
ALL VOTED AYE.
29. Brookwood Gardens/Lake Colon -- Discussion and possible action on:
a) Renewal of a model sales permit and waiver of the 300-foot
distance requirement for certificates of occupancy.
b) Acceptance of sidewalk easement - Temp. Reso. #2728
SYNOPSIS OF ACTION: See Below
V/M Massaro said there was a mistake and she MOVED on this item by mistake
and the action just taken was on Tem Reso. #2728 instead of #2731 as it
should have been. She MOVED to rescind the action that was taken,
SECONDED by C/M Krantz.
VOTE: ALL VOTED AYE
Cape 27. Gardens of Sabal Palm - Revised Site Plan - Temp. Reso.#2731 -
6 Discussion and possible action to approve revised site plan for a
sun canopy at the recreation area pool.
SYNOPSIS OF ACTION: APPROVED
RESOLUTION NO. R-- ��,3� PASSED
V/M Massaro MOVED Temp. Reso. #2731 be approved, SECONDED by C/M Krantz.
VOTE:
ALL VOTED AYE
29. Brookwood Gardens/Lake Colon -Discussion and possible action on:
a) Renewal of a model sales permit and waiver of the 300-foot
distance requirement for certificates of occupancy.
b) Acceptance of sidewalk easement - Temp _Reso. #2728.
SYNOPSIS OF ACTION: APPROVED a) `. RESOLUTION NO. R- U-^/$A-0 PASSED
an
VOTE:
a) V/M Massaro MOVED the approval of a model sales permit and
waiver of the 300-foot distance requirement for certificates
of occupancy. All conditions prevailing previously will still
apply. SECONDED by C/M Krantz.
ALL VOTED AYE
b) V/M Massaro MOVED to approve Temp. Reso. #2728 accepting a
sidewalk easement. SECONDED by C/M Krantz.
VOTE: ALL VOTED AYE
30. Woodlands Section 3 - Temp. Reso. #2729 - Discussion and possible
action to accept a 10-foot canal maintenance easement on Lot 4.
SYNOPSIS OF ACTION: APPROVED.
RESOLUTION NO. R- PASSED
City Attorney Henning read the Resolution by title and V/M Massaro
MOVED the adoption of Temp. Reso. #2729 accepting the 10--foot canal
maintenance easement on Lot 4. SECONDED by C/M Krantz.
VOTE: ALL VOTED AYE
32. Lakeside Plaza - Revised Site Plan - Temp. Reso. #2732 - Discussion
and possible action to approve a revised site plan to reflect re-
visions to the median on State Road 7 at Lakeside Drive.
SYNOPSIS OF ACTION: APPROVED RESOLUTION NO. R-$�-PASSED
City Attorney Henning read the Resolution by title and Mr. Julian Bryan,
representing Gra.nek Properties, stated that two weeks ago the Council
reviewed and approved the Lakeside of Tamarac apartment project which
is directly behind and west of this property, and he was advised by
the State Department of Transportation that they had again moved the
median cut in State Road 7 as a part of the improvements they did on the
roadway.
Mr. Bryan further advised that at the time he was able to make the
necessary changes in the apartments and to the median cut and approve
them as a revision in the site plan. However, since this site plan
abuts the same street and utilizes the same median cut, he advised that
the staff felt it appropriate to amend the site plan. He said that the
drawings have been changed, and this is what is before Council today.
Mr. Bryan commented that previously they were not able to have a median
cut adjacent to Lakeside Drive but now the State decided to have one
there.
Mayor Falck inquired as to whether the curb cuts will go to the apart-
ments at the north or the south and Mr. Bryan advised that these cuts
will go to the apartments to the rear of Lakeside Plaza. He stated
that in an old agreement in the early seventies, it was required to
have a road tie behind the commercial properties which run north and
south so the median cut would serve the rest of the development also.
C/M Kravitz MOVED to adopt Tem . Reso. #2732 approving the revised site
plan to reflect the revisions to the median on State Road 7 at
Lakeside Drive. SECONDED by C/M Krantz.
VOTE:
ALL VOTED AYE
37. N.W. 61st St. - Southwest Corner - Temp. Reso. #2737 - Discussion
and possible action to approve execution of an agreement regarding
realignment of N.W. 61st St. at University Drive.
SYNOPSIS OF ACTION: See Page 24
City Attorney Henning stated that he is still working on the preparation
of this Resolution and would like to defer the item until it is completed.
He explained that at one time there was a deed granting a 40-foot
frontage on the south side of 61st Street at the Summit Bank, later the
Gulfstream Bank, who owned that piece of property. That deed was in
escrow with the City Clerk's office pending preparation of agreements,
after which there was a sale of the Summit Bank to NCNB.. Mr. Henning
said he is now concerned that the City may have to execute the deed
for that 400 foot frontage. He said he would now like to include
the bike path along University Drive in the agreement, which would not
present a problem. He further stated that the City is installing a
water pipe there across University Drive for the new well that was
drilled and he was optimistic that this could be resolved at the next
Council meeting.
V/M Massaro stated that she felt this matter should not be held up
for the bike path because at some point in time when the property is
developed, the bike path would have to be put in.
Mayor Falck said that since a Resolution was not formally read into
the record, this item will be considered as a report and will be subject
to review at a future Council meeting.
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36. Southgate Gardens, _Inc . - Status report on conditions of prior
approval granted by Council on February 9, 1983. Report by
City Engineer. Discussion and possible action.
SYNOPSIS OF ACTION:
See Page 24.
City Engineer Larry Keating reported that he had contacted Craven &
Thompson several times over the past ten days to advise them that
this matter was coming before Council today but when Warren Craven
was here this morning he said that he had been making recommendations
but received no authorization to do the work so he could not proceed.
Mr. Henning stated that he received a letter from the attorney for
Southgate Gardens acknowledging the matter was on the Council's agenda
for today, and expressing concern that the model sales permit is being
held up pending progress here.
Larry Keating said that at the time Southgate Gardens applied to convert
the project from a rental to a condominium, it was found that several of
the sewer lines running through the project were not accessible for
maintenance and that the original construction did not provide for
adequate water for fire protection for the development. He stated that
at that time they were requested to upgrade the water lines so the
project would have adequate fire protection.
V/M Massaro stated that Cardinal Industries is talking about purchasing
the land and building on it.
Mr. Keating advised that if Cardinal Industries does buy the two vacant
parcels to the east and does not buy the developed parcels, we would
have a problem getting the water lines extended.
V/M Massaro stated she felt the important thing at this time is that
the City Attorney and the City Engineer get together and make Southgate
Gardens aware that the City knows about Cardinal Industries; and they
also make Cardinal Industries aware of the facts because in negotiations
for the sale this would have to be taken into consideration.
Mayor Falck then requested that Mr. Henning and Mr. Keating get together
on the problems discussed relating to the water lines, and that they
notify the proper people suggesting alternatives for resolving this ratter.
V/M Massaro then inquired of Larry Keating as to whether easements were
ever provided. Mr. Keating explained that they submitted easements but
Engineering did not release the easements because there was a problem
with the sewer line easement as to whether or not they wanted to retain
ownership and maintenance of the lines that run through the property.
33. Kings Point Professional Plaza -
Discussion and possible �
action to
the installation of landscaping.
SYNOPSIS OF ACTION: TABLED at
request of City Manager.
Bond Release - Temp. Reso. #2735.
release a bond posted to guarantee
City Manager Stuurmans requested that Council table the release of this
bond based upon her observations.
C/M Kravitz MOVED to TABLE this item. SECONDED by C/M Krantz.
VOTE: ALL VOTED AYE
34. Kings Point - Discussion and possible action to
rights -of -way in the following locations within
a) Land Section 5, west of Tracts 13, 14 and 15
First Reading.
b) Land Section 5, west of Tracts 22, 23 and 24
First Reading.
c) Land Section 5, south of Tracts 12 and 13 -
First Reading.
vacate certain road
this development.
-- Temp. Ord. #1045.
- Temp. Ord. #1046.
Temp. Ord. #1047.
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5/25/83
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SYNOPSIS OF ACTION: APPROVED
Items a), b) and c) on first
reading.
a) City Attorney Jon Henning read the Ordinance by title and
V/M Massaro MOVED the adoption of Temp. Ord. #1045 on
first reading. SECONDED by C/M Krantz.
VOTE: ALL VOTED AYE
b) City Attorney Henning read the Ordinance by title and V/M
Massaro MOVED the adoption of Temp. Ord. #1046 on first
reading. SECONDED by C/M Kravitz.
VOTE: ALL VOTED AYE
c) City Attorney Henning read the Ordinance by title and V/M
Massaro MOVED the adoption of Temp. Ord. #1047 on first reading.
SECONDED by C/M Kravitz.
VOTE:, ALL VOTED AYE
36. Southgate Gardens, Inc. y- Status report on conditions of prior
approval granted by Council on February 9, 1983. Report by City
Engineer. Discussion and possible action.
SYNOPSIS OF
ACTION: (See Page 23) The
City Attorney to notify Southgate
Gardens that if action is not taken
by the next regular Council meeting,
their sales permit will lapse.
VOTE:
V/M Massaro MOVED that as progress has not been made to date, the
City Attorney should notify Southgate Gardens that if action is
not taken by the next regular Council meeting, their sales permit
will lapse. SECONDED by C/M Krantz.
ALL VOTED AYE
37. N.W. 61st Street - Southwest Corner - Temp. Reso. #2737 -- Discussion
and possible action to approve execution of an agreement regarding
realignment of N.W. 61st St. at University Dr.
SYNOPSIS OF ACTION: TABLED for City
Attorney's preparation of proper
Resolution. (See Page 22).
V/M Massaro MOVED to table this item until the City Attorney has pre-
pared the proper Resolution. SECONDED by C/M Kravitz.
35. Tamarac Town Square - Discussion and possible action on:
a) Approval of Stipulation concerning landscaping - Temp. Reso.
#2733.
b) Revised landscape plan.
c) Revised site plan for an exterior refrigerator - Temp. Reso.
#2734.
SYNOPSIS OF ACTION: a) APPROVED, RESOLUTION NO. R- PASSEE
b) APPROVED with conditions,
c) TABLED at request of applicant.
b) City Attorney Henning read Temp. Reso. #2733 by title
and said there were some i consistencies between the
approved Beautification Plan for the berm area to the west of
Tamarac Town Square along the canal; and an attempt was made to
reconcile this difference between the stipulation and the
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5/25/83
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beautification that had already been installed. There was an agree-
ment to revise the Landscape Plan to add more beautification and
this stipulation is before Council to take a particular paragraph out of
the original Bishop Stipulation and adopt the Landscape Plan as an
Exhibit.
C/M Kravitz stated that there is a fee of $477.40 which has not yet
been paid and he felt we should receive the fee before we discuss
the matter.
Dan Oyler of Craven and Thompson stated he was not aware of the fee
involved, but could get it in a couple of days and that it would be
no problem. V/M Massaro said if this check is not in by tomorrow,
this will be held to the next regular meeting.
V/M Massaro said that at the time the property was checked, it had
been noted that various sections were not adequately covered with
trees and they agreed at that time to move the hedge to the top of
the berm to give additional height and this has now been done.
Carl Alper stated it was agreed, according to the Stipulation, to put
in trees 30 feet apart on each side in a staggered fashion and to put
a row along the top. They have not done all they were supposed to do,
and did not put a row along the top at all, but they did agree to put
in 19 additional trees and a row along the top, which is satisfactory.
He further stated that the Tamarac Code requires that two sets of
trees be used, exterior trees and interior trees. Interior trees are
used for parking lot areas; and for the exterior trees, only five
types may be used, live oak, black olive, mahogany and two others,
but bottle brushes cannot be used and can be used only for interior
trees. Mr. Alper then referred Council to Section 5-12, Subdivision 6B
of the Code regarding perimeter trees.
Dan Oyler stated that only mahogany and black olive trees will be put
in and that this will be cleared up on the plans, which will be re-
duced and be made part of the agreement, and include a notation
stating that the hedge will be straight along the top.
V/M Massaro then MOVED the approval of this plan after a notation is
put on it indicating the type of trees will be only mahogany or black
olive and that the hedge to be moved up will be placed on the top in a
straight row, subject to the fee of $477.40 being paid, for which a check
be here tomorrow; and that this plan be reduced to be made a part of
the Stipulation that will be discussed later. SECONDED by C/M Kravitz.
Tape VOTE: ALL VOTED AYE
7
a) City Attorney Henning read the Resolution by title previously,
and said originally the court stipulation proviaea tnat in
connection with the landscaping of Tract 22, "there be a 100 foot wide
landscape park area buffer zone along the west boundary of said
Tract 22" and this remains the same. He said as a part of the
landscape plan of this park area buffer zone, there is to be a
continuous 6 foot high berm covered with acceptable grass and this
remains the same also. He said the berm shall have a planted area
along the top and there shall be one row of trees thirty feet on
center, maximum, each side of the berm in a staggered pattern.
He said it states that "the responsibility of installation and
maintenance of this park area buffer zone shall be that of the
owner of the property abutting the buffer and the ongoing respons-
ibility for maintenance of the buffer zone shall be established and
provided for in a maintenance covenant in the form attached hereto
and made a part of, which is Exhibit B, and run with the land
and be recorded in the public record of Broward County".
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V/M Massaro said this should read that the trees that are there now
will remain and there will be 19 additional trees as indicated on this
plan. She asked if this plan reflects what is there now and Mr.
Henning said it does.
C/M Kravitz then requested that the City Attorney send us a copy of
the Bishop case since that case reflects this item as well as others
that will be reviewed. The City Attorney stated that he will send
Council a copy of that agreement.
V/M Massaro then MOVED to APPROVE Tem. Reso. #2733 reflecting the
contents of Stipulation #15. SECONDED by C/M Kravitz.
VOTE: ALL VOTED AYE
c) C/M Kravitz MOVED that Tem . Reso. #2734 be TABLED at this time
at the request of the applicant. SECONDED by C/M Krantz.
VOTE: ALL VOTED AYE
26. Lakes of Carriage Hills - Discussion and possible action on:
a) Request for a one-year extension of a sign waiver to allow
a temporary directional sign at the northeast corner of
Commercial Boulevard and Rock Island Road -- Temp. Reso. #2631
(tabled from 3/9/83).
b) Release of a performance bond posted for public improvements
for Phase I upon receipt of a one-year warranty bond. Temp.
Reso. #2725.
c) Acceptance of Bill of Sale for sewage collection system
improvements - Temp. Reso. #2726.
d) Acceptance of 12--foot utility easement - Temp. Reso. #2727.
e) Renewal of model sales permit for a facility located at
6180 Rock Island Road.
SYNOPSIS OF ACTION: a) APPROVED RESOLUTION NO. R- PASSED
subject to conditions. b) APPROVED RESOLUTION NO. R-,f_4--r 3(,PASSED
subject to receipt of one year RESOLUTION NO. R-,� ^' PASSED
warranty bond, c) and d) APPROVED, RESOLUTION NO. R- PASSED
e) APPROVED for six months from
5/27/83 with all prior conditions
still in effect. (See also Page 1).
a) City Attorney Jon Henning read the Resolution by title and
V/M Massaro MOVED that the request for a one year extension
of the sign waiver to allow the directional sign at the northeast
corner of Commercial Boulevard and Rock Island Road be approved
subject to the agreement from Mr. Stackhouse at Sabal Palm
Country Club, which is a limited approval, terminating on the
sale of the golf course. This approved Temp. Reso. 42631,
SECONDED by C/M Rravitz. "_ . � �—
VOTE: ALL VOTED AYE
c) City Attorney Henning read the Resolution by title and V/M
Massaro MOVED the adoption of Temp. Reso. #2726 for sewage
collection system improvements. SECONDED by C/M Kravitz.
VOTE: ALL VOTED AYE
d) City Attorney Jon Henning read the Resolution by title and
V/M Massaro MOVED the adoption of Temp. Reso. #2727 accepting
a 12-foot utility easement. SECONDED by C/M Krantz.
VOTE: ALL VOTED AYE
-26- 5/25/83
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e) City Attorney Jon Henning read the Resolution by title and V/M
Massaro MOVED approval of the renewal of the model sales permit
for a period of six months from May 27, 1983 with all prior con-
ditions still in effect. SECONDED by C/M Kravitz.
VOTE: ALL VOTED AYE
b) City Attorney Jon Henning read the Resolution by title and then
read a letter from Lynn Mason of Lakes of Carriage Hills to the
City, to the attention of Larry Keating, and enclosing a check
for $5,000.00 which is to act as a cash bond for incompleted items
on an attached punchlist, to ensure that the items on this punchlist
be completed and to be used by the City to complete them in the
event the builder does not complete it.
The check was then Submitted to the Assistant City Clerk.
V/M Massaro stated she would like the matter be brought to Council
before they do the corrective work necessary there. Mr. Mason said
he would send a letter stating this.
V/M Massaro then MOVED the approval of Temp. Reso. #2725 for the
release of the performance bond for Phase I upon receipt of a
one year warranty bond. The performance bond is for $121,150.50.
This is subject to the approval of the City Engineer and the City
Attorney. SECONDED by C/M Krantz.
VOTE:
ALL VOTED AYE
38. Drainage Improvements in the City - Discussion and possible action.
SYNOPSIS OF ACTION: Discussion held
on canals in Sections 22 and 24.
V/M Massaro asked Larry Keating whether the canals in Sections 22 and
24 that F & R were supposed to have built, have been completed.
Larry Keating stated that these canals have been completed to a
point since they ran into some rock there and have not been able
to dig as deep as required by City Code. Mr. Riefs was supposed to
have been in contact with Council to see if there was an appropriate
alternative that Council might consider such as F & R assuming the
responsibility for maintenance of the canals. Mr. Keating said
the main concern when canals are shallow is that growth of aquatic
weeds and algae would accelerate. He stated if F & R would agree to mai
tain the canals, the City could agree not to have them blast to
make the canals deeper.
Mr. Keating said that three months ago they agreed to submit a
proposal, and he spoke to them again today.
39. City Council Reports
C/M Krantz reported on the health screening tests which the City
gives on the third Thursday of every month. He stated that for the
twelve month period in 1982, there were 48 Glaucoma tests, 919
Hypertension or Blood Pressure tests and 127 Diabetes tests.
In the four months from January through the end of April of this
year, there were 40 Glaucoma tests, 380 Hypertension and 18
Diabetes tests. This is a free service and C/M Krantz feels it
would be beneficial for more people to take them. He said he
would ask the Public Information Committee to try to publicize
this in a newsletter.
C/M Kravitz - No Report.
-27-
5/25/83
/rb
C/M Stelzer reported that progress has been made in getting the
Sabal Palm canals cleaned up along Sections 6 and 7. He said that
Agreements have already been made for those canals and the City
Manager is working up stipulations and requirements for going to
bid for cleaning up the rest of the canals. He also advised that
the City Attorney will look into any potential insurance problems.
He said we might have some extra people here cleaning up the
canals until the bids go through.
V/M Massaro recommended that the City Manager look into the matter
of the cracks in the sidewalk on Commercial Blvd. between Rock
Island Road and 50th Avenue. Weed killer is needed as there are
trees growing out of the cracks in various areas along the curbs.
Mayor Falck -- No report.
40. City Manager Report - No Report.
41. City Attorney Report
Jon Henning reported that last week he attended the Florida Attorneys'
Meeting in Orlando and he got some helpful ideas there from many City
Attorneys which might be of interest to the City in connection with a
few of the items that are awaiting decisions. He said that he will
circulate a report on this meeting. He said he was contacted by
Melvin Schwartz, an owner/builder who lives in a home he built himself
for which he posted a cash bond approximately two and a half years ago.
He said he will send Council his recommendation on this.
MAYOR FALCK RECESSED THE MEETING UNTIL 5:05.
PUBLIC HEARING
42. Moratorium in Land Section 7 - Temp. Ord. #1.020 - Discussion and
possible action to establish a moratorium on developments in Land
Section 7 designated as "Industrial" on Tamarac's Land Use Plan
for a specific period of time until the completion of the Industrial
Planning Study. Second Reading.
YNOPSIS OF ACTION: APPROVED on
econd and Final Reading.
ORDINANCE NO. O- O�3 -o?'f PASSED
City Attorney Jon Henning read the Ordinance by title and explained
the history of the Ordinance.
V/M Massaro inquired of the City Attorney whether it has been determined
that there are units available for this land. Mr. Henning explained
that Dick Rubin, the City Planner, is now investigating that matter.
He further advised that there are three basic land uses for this prop-
erty, which are industrial., commercial or residential. He said that
if the land were to be developed, additional units would have to be
assigned by the County and that one of the reasons it was proposed
that a moratorium be for fifteen months, is that if there were a Land
Use Amendment proposal or if the City wished to pursue a Land Use
Amendment, staff would need that much time to work on it, meet with
the County and get County approval. Mr. Henning also advised that
up to 20% of the area designated as industrial can be changed without
an amendment. If more than 20% would be changed, County approval
would be required.
Florence Bochenek, Chairperson of the Beautification Committee, pre-
sented petitions to Council in favor of a moratorium.
-28- 5/25/83
Bernie Hart, First Vice President of the Tamarac Presidents Council,
stated that when the matter was first brought up, a committee was
appointed by the President to investigate the matter and bring back
a recommendation to the main body. This has now been done and at
a meeting of 63 representatives of various sections of Tamarac, it
was decided to urge Council to adopt the moratorium to give suf-
ficient time to review the matter carefully.
'ape Lou Vladem, representing the Concerned Citizens of Tamarac, stated
8 that they wished to go on record as being in favor of the moratorium
so that all the facts of what is proposed can be studied.
Carl Alper, resident of Tamarac, said that he feels the moratorium
should be adopted at this time because all the residents of Tamarac
are threatened by disaster to their health because of industrial
waste.
Milt Siegel, President of the Isles of Tamarac Homeowners Association,
presented a petition to Council containing a number of signatures from
all the communities of Tamarac, recommending the passage of this
moratorium.
David Silverglide, Vice President of the Homeowners Association of the
Isles of Tamarac, recommended that Council give serious consideration
to possible contamination and pollution of water and air and adoption
of this moratorium to stop it.
James Ephraim, resident of Isles of Tamarac, presented petitions to
Council containing signatures of residents who are in favor of the
moratorium and wish to preserve the residential character of the City.
Sanford Roberts, property owner and holder of approximately 12.99
acres of land in Section 7 approximately 600 feet south of McNab Road
and just west of the Isles of Tamarac, stated that he is against
passage of a moratorium as all it would accomplish would be to stop the
use of the property under discussion for fifteen months, whether it
be for industrial, residential or apartments.. He said he feels he is
entitled to the right to use his property, with prior approval by the
Council of plans and specifications to be submitted to them.
Milton Patton, resident of Isles of Tamarac, urged the passage of this
moratorium for fifteen months to give sufficient time for study of
water and air pollution problems.
Alice Adams, resident of Isles of Tamarac, stressed the importance of
the passage of this moratorium for fifteen months to protect the
citizens of Tamarac from the problems of having an industrial park in
this area.
The public hearing was closed with no further response.
C/M Krantz read a letter from the Tamarac Presidents Council stating
their opposition to postponing action on the moratorium and he MOVED
the adoption of Temp. Ord. #1020 establishing a moratorium for up to
fifteen months on developments in Land Section 7 designated as
"Industrial" on Tamarac's Land Use Plan. SECONDED by C/M Stelzer.
V/M Massaro stated that the moratorium will give us time to go over
things carefully and explained that the moratorium is not necessarily
for fifteen months but rather for whatever period of time it takes
to get all the facts together and learn whether or not the County will
give us, units to put in there.
-29-
C/M Kravitz read a letter addressed to him, copies of which went to
Council members, from the Tamarac Democratic Club, opposing any
further industrial development within the City of Tamarac.
C/M Stelzer said he is disappointed with the attitude of some of
the people and the organizations in Tamarac and that the original
purpose of the moratorium was to give us time to determine what
would be best for the citizens of Tamarac. He said he is disturbed
that bodies like the Tamarac Presidents Club and the Tamarac
Democratic Club would write letters which state that they are opposed
to industrial development of any kind in the industrial area; and
that Ray Munitz' newspaper states that no industrial development of
any kind .should be permitted anywhere within the City of Tamarac.
C/M Stelzer added that Dick Rubin, City Planner, has been working on
this since the City originally started with the moratorium and that
his proposal was to start off with office -type of development closest
to the residential area and then possibly to build other industries.
He emphasized that the Council does not want toxic wastes and
Council must be given credit for the intelligence not to permit any
kind of development in that area which would be bad for the people
of Tamarac.
C/M Stelzer stated that if the developers sue the City and the City
should lose, the City will have no control over the type of industry
that will go in there and that the only way we could keep heavy
industry out would be through the Ordinances. He said he feels the
City will be sued and there is a good chance that the suit will be lost,
at which time the industry that goes in there will not be to the City's
liking.
Myles Tralins, representative for Leadership Housing, stated that he
attempted to provide the City with information which might assist
them in making a decision as to whether or not to impose a moratorium.
He said with that in mind, he tried to select an independent pro-
fessional firm who would work with the City and any interested de-
velopers, to determine the economic value of industrial zoning Versus
residential zoning; and the consulting firm of Darby & Way are here
and can provide Council with their study.
Tape V/M Massaro said that Council is
9 Mr. Tralins replied that if there
facts and figures which have been
consultants and the City does not
available for this purpose, then
information to make a decision as
moratorium.
unable to look at the study now and
is no point in Council looking at
provided by professional,independent
have its own professional staff
Council does not have sufficient
to whether or not to impose a
Mr.Tralins further stated that as far as his client is concerned, there
are no plans for development at this time and he can provide the City
with a letter so stating. He said that in the future, if his client
would desire to develop the property, they would give Council sufficient
notice to impose a moratorium at that time, if they so wished. He
stated that the imposition of a moratorium at this time takes away from
a developer the right to sell his property, dispose of it or plan for
its future development. He felt that Council should consider Darby &
Way's report as well as Mr. Rubin's report, prior to the time the
Ordinance is acted upon.
C/M Stelzer said that the purpose of the moratorium is only for the
City to make a study of what is to go into that property and time
to make that study.
City Attorney Henning explained that a developer has the right to make
an application for building on that property but at this time the
zoning is inconsistent with the Land Use Plan and, therefore, the
first step would be to rezone the property. He said he would like
to clarify that presently, what is referred to is only that portion
-3o- 5/25/83
/rb
of Land Section 7 which has been designated by Broward County or the
City of Tamarac's Land Use Plan to be "Industrial". He advised that
at the present time there are no improvements on the land and there
would be inherent characteristics that would prevent its immediate
development and no developer would go to the expense of improving the
Land unless they had the appropriate zoning.
Mr. Tralins said that over a year ago he discussed with his client
whether or not to file an application for rezoning. At that time,
the developer's opinion was that they are not going to develop the
land themselves, and whoever would utilize it should determine how it
should be used and an application for rezoning should come from the
ultimate user. He stated that his client, who owns 70 acres of this
property, has no intention of filing a rezoning application.
City Attorney Henning stated that Mr. Rubin,City Planner, advises
that there is a 20% flexibility factor, which means that although the
land is designated as Industrial, apparently the County will allow the
City to change 20% of it, but at present it is not known whether units
are available for this purpose from the County.
V/M Massaro stated that she felt a moratorium is necessary at this time
because somebody did come in and try to rezone a parcel of this land
and they are in a position to do so under the Ordinance because the Land
Use Plan does designate the area to be industrial. She also said she
feels that Mr. Tralins should work with the City to help come up with
plans that would satisfy everybody. Mr. Tralins said that his client
fully intends to do that but they just do not feel a moratorium is
needed to accomplish this.
VOTE:
ALL VOTED AYE
The meeting was adjourned at 6:30 P.M.
MAYOR
ATTEST:
ASSISTANT CITY CLERK
This public document was promulgated at a cost of $
or $ 10.50 per copy, to inform the general
public officers and employees about recent opinions
by the City Council of the City of Tamarac.
-31-
346.56
public and
and considerations
5/25/83
/rb
APPROVED fiT
0�iy G k
ATTACHMENT #1 5/25/83 MEETING ITEM #15
Page 1
TKALINS AND POTASH
13385 WEST DIXIE HIGHWAY SUITE 612, 2000 L STREET, N. W.
NORTH MIAM1, FLORIDA 33161 WASHINGTON, 0. C. 20036
(305) 893-5150 (202) 872-8383
(305) 522-5509
May 24, 1993
REPLY TO: North Miami
HAND DELIVERED n
Jon Henning, City Attorney77
City of Tamarac. JT
5811 N.W. 88th Avenue
Tamarac, FL ppr.F 24 1:63
t0'c...
Re: Petitions 21-Z-82, 22-Z-82 and 23-Z-82 CITY ATTORNEY
Parcel "P" in the City of Tamarac cirY OF TAMARAC
owned by TICON, INC.
Dear Mr. Henning:
On June 22, 1982, almost one year ago, my client formally commenced the referenced
rezoning applications in good faith and out of legal necessity because the County and
City adopted Master Land Use Plans for the subject parcel were inconsistent with
existing zoning. (Composite Exhibit "A" attached)
Prior to the filing of the rezoning application and in order to insure that the same was
consistent with proper land use planning my client retained the services of a land
development consultant to work with the City's professional staff. The result (a plan
for development encompassed by three separate Petitions dealing with the same parcel
of land that provides for a fraction less than ten 00) units to the acre in accordance
with the Master Land Use Plans referred to with an appropriate single family buffer in
the area closest to Paradise Estates and with deed restrictions as to allowable densities
and height limitations) was endorsed by the City's professional staff and thereafter
unanimously approved by the City of Tamarac Planning Commission on December 15,
1982. (Composite Exhibit "B" attached) My client then executed and delivered the deed
restrictions to the City in recordable form so that the City Council's record would be
complete upon their review of the applications in January 1983. (Composite Exhibit "C"
attached)
On January 26, 1983, when the matter came on for consideration before the City
Council, the same was tabled after the Public Hearing portion of the meeting was
closed. (You will recall absolutely no one spoke against the proposed rezoning.) The
purpose of tabling the applications was obstensibily to allow Vice Mayor Massaro to
report back to the Council after further studying the Petitions. My client was taken
completely by surprise with respect to the Council's tabling action and soon learned that
the same had nothing to do with considering the Petitions on their merits.
On February 2, 1983, during a meeting with Robert Caporella, President of Ticon, Inc.,
and Julian Bryan, Ticon's land development consultant, Vice Mayor Helen Massaro was
contacted by telephone to ascertain the reason for tabling the Petitions and the
ATTACHMENT #1 5/25/83 MEETING ITEM #15
Page 2
necessity for "study". The bottom line of said discussion was that Vice Mayor Massaro
stated that an undisclosed amount of financial compensation would be required to be
paid to the City of Tamarac in exchange for the City Council's approval of the pending
zoning applications, notwithstanding the fact that my clients were legally entitled to
the same, that the existing zoning was not in conformity with the Master Land. Use
Plans as adopted and that both the professional staff and the Planning Commission had
already approved the requests.
During the next few weeks, we had numerous telephone discussions and scheduled
several aborted meetings with the Vice Mayor, as well as with Richard Rubin, the
City's Land Planner, and yourself for purposes of seeking to have the Petitions
considered solely on their merits.
Finally, on March 1, 1983, at a meeting at City Hall attended by Vice Mayor Massaro,
Richard Rubin, Robert Caporella, Julian Bryant, yourself and myself, we were advised
that since the range of density in the Master Land Use Plans was five (5) to ten (10)
units to the acre, the City Council would only approve the rezoning applications if
density in excess.of five (5) units, up to the requested ten 00), was purchased on a per
unit basis at a price to be negotiated. This position was asserted by the City,
notwithstanding the fact that all planning for the area including the flexibility zone by
the County as well as the City, was predicated on the basis of the impact of ten (10)
units to the acre. You will recall that on March 3, 1983, 1 advised you on behalf of the
City of Tamarac in writing that "it is my client's f irm position that it has no obligation
to pay for any density within the parameters set forth on the Land Use Plan and that
to
at
conformity wi
On March 10, 1983, the same group of people again met at City Hall to discuss the issues
raised in my letter dated March 3, 1993. Vice Mayor Massaro advised us that if the
property were not platted, impact fees would be assessed by the County and that
therefore since the property was platted and no such fees could be paid to the County
that the City should be paid for allowing the rezoning. You will recall that we pointed
out to the Vice Mayor that we paid the County fees by acquiring platted property and
that the City had no legal entitlement to collection of additional fees over and above
those to which it was legally entitled to collect in accordance with its Code of
Ordinances, Charter and in accordance with the substantive and organic laws of the
State of Florida. Vice Mayor Massaro's response was that the City would require
payment of $1,000.00 per unit for 222 units and that this figure was based upon her
estimate of what the impact fees would be if the property were not platted and the
same were to be charged by the County. While our position remained the same, to wit:
that we had no legal requirement and that the City had no legal entitlement to assess
said charges, it was agreed to reconvene the meeting to further discuss potential
resolution of this matter. In the interim, I again advised the City that under no
circumstances did my client waive any of its rights. (Exhibit "E")
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TRALINS AND POTASH
ATTACHMENT #'1 5/25/83 MEETING ITEM #15
At our last meeting on April 19, 1983, we were handed the attached Agenda entitled
"Proposed Rezoning Conditions for Discussion/Agreement". (Exhibit "F") It was thus
clear from the outset that the City's intent and purpose at the meeting was to require
payment of a negotiated fee for the 222 units representing the differee between five
(5) units and ten (10) units to the acre and that the same are separate at. distinct from
the thirteen (13) excess units which would otherwise be available for this property as a
result of a modification of the Land Use Plans through use of the flexibility zone. As
you know, we advised the City that we were not interested in acquiring authorization
for said thirteen (13) excess units and that my client sought only to get that to which it
was legally entitled. The matter was thereafter rescheduled for consideration by the
City Council at our insistance and in accordance with the mandates of Florida organic
and substantive law, as well as the requirements of the City Code and Charter, and 'on
May 5, 1983, prior to the City's May 11, 1983 meeting, you wrote to me confirming our
telephone conversation that the City had modified its position and was now willing to
accept $800.00 per unit instead of $1,000.00 per unit. (Exhibit "G").
On May 11, 1983, when the matter was finally scheduled for consideration, the City
Council adopted a motion to charge my client $900.00 per unit for 222 units, totalling
$1779600.00, payable as described in the Reports of Council Action dated May 18, 1983,
(Composite Exhibit "H") as a "condition precedent" to rezoning. The record is clear that
my client did not acquiesce to the same. Thereafter, following a presentation made on
the merits on behalf of my client the City Council approved and adopted the ordinances
changing the zoning on first reading.
The public records reflect our consistent position that the attempt by the City of
Tamarac to sell zoning density is improper, illegal, constitutes contract zoning and is an
ultra vires "bargaining away" of the local government's police power. The Florida
Supreme Court has addressed this identical situation in Hartnett vs. Austin, 93 So.2d 86
(1956h
"A municipality has no authority to enter into a
private contract with a property owner for the
amendment of a zoning ordinance subject to
various covenants and restrictions in a collateral
deed or agreement to be executed between the
city and the property owner. Such collateral
agreements have been held void in all of the
cases to which we have been referred. ...Any
contrary rule would condone a violation of the
long established principle that a municipality
cannot contract away the exercise of its police
powers. When a zoning ordinance is amended by
changing the classification of particular
property, such amendment must be justified by a
change in the use value of the property
involved.!'
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TRALINS AND POTASH
ATTACHMENT n#1 5/25/83 MEETING ITEM #15
Page 4
It is our position that we have carried our burden with respect to the justification of the
rezoning applications. Professional staff has recommended the rezoning. The Planning
Commission has unanimously recommended the rezoning. No public opposition was
heard with respect to the proposed rezoning. Our professional land development
consultant (recognized as an expert in said field by both the City and the Courts of this
State) has testified as to the necessity and propriety of the proposed rezoning and
further has addressed all issues raised by the development review requirements
specified in the Broward County Land Use Plan. No rational reason has ever been given
by the City for any proposed denial of the petitions for rezoning except for the City's
demand that it be paid for that which it is legally required to do. In short, as I advised
Vice Mayor Massaro at our meeting in April, the City's attempt to sell its legislative
powers under the threat of not processing our otherwise valid, appropriate and legal
rezoning applications constitutes no more than financial coercion.
As you are aware, even if the type of agreement which has been suggested were entered
into by my client and the City, the same could be set aside as a result of action taken
by AU interested citizen because municipalities may not engage in contract zoning. My
client is unwilling to risk tainting its investment, its land and the merits of its rezoning
applications by participating in a sale of zoning as formally proposed by the City
Council of the City of Tamarac. Ticon, Inc. does not wish the zoning on its property to
be void ab initio. It prefers instead to stand on the merits of its presentation.
Accordingly, you are advised that we demand final consideration on second reading of
our rezoning petitions as scheduled commencing at 2:00 PM, Wednesday, May 25, 1983.
Thereafter, in the event the City wishes to determine whether or not it is legally
entitled to collect $177,600.00 as consideration for said rezoning, we shall participate in
an appropriate action for declaratory relief providing the same does not interfere with
proper consideration of our pending rezoning applications.
PLEASE GOVERN YOURSELVES ACCORDINGLY.
MJT:km
Encs.
cc: Mayor and City Council,
City of Tamarac
Mr. Robert C. Caporella
Mr. Nick Caporella
Mr. Julian Bryan
Very truly yours,
T ALINS ND PO H, P.A.
Myl a ' s
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TRALINS AND POTASH