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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 /rb 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. -6- 5/25/83 /rb 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 /rb 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 /rb 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. -15- 5/25/83 /rb 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 /rb 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 /rb 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 /rb 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. -22 5/25/83 /rb 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. -2 3- 5/25/83 /rb 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 -24- 5/25/83 /rb 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". -25- 5/25/83 /rb 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 /rb 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") 6►a 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.!' _3- 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 -4- TRALINS AND POTASH