HomeMy WebLinkAbout1985-06-14 - City Commission Regular Meeting Minutes•
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June 13, 1985
NOTICE OF
RECONVENED CITY COUNCIL MEETING
Please be advised that a Reconvened Session of the Regular Council
Meeting of June 12, 1985 has been called for Friday, June 14, 1985
beginning at 2:00 P.M. in the Council Chambers of City Hall, 5811
NW 88 Avenue, Tamarac, Florida.
The following items will be considered:
48. Broward County Development Board - Temp. Reso. #3661
Discussfon-and possible action to encourage the movie
industry to produce movies in Broward County.
(agendized by consent 6/12/85.)
49. Tract 24 (agendized by consent 6/12/85) - Discussion
and possible action on:
a) Site Plan - Temp. Reso.#3662
b) Water and Sewer Agreement
c) Stipulation
(located on the south east corner of Nob Hill Road and
NW 81 Street)
50. Calico Country- Tract 38 - (formerly Woodview)
(agendized by consent 12/85) - Discussion and possible
action on:
a) Water and Sewer Agreement
b) Easement and Option Agreement
c) Five Agreement and Waivers of Section 28-216 of
the Code waiving the distance of the Model Sales
Facility from occupied residences
d) Temporary Model Sales Facility
55. Wire Transfer of Funds - Temp. Reso. #3651 - Discussion
and possible action. (agendized y consent 6/12/85.)
The City Council may consider and act upon such other business as may
come before it.
The public is invited to attend.
Pursuant to Section 286.0105, Florida Statutes
tf 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 hiciudes
the testimony and evidence upon which the appeal is to be based.
CITY OF TAMARAC, FLORIDA
RECONVENED CITY COUNCIL MEETING
June 14, 1985
(from 6/12/85)
Tape 1 CALL TOQR,ER:'Mayor Kravitz called the meeting to order at
2:00 P.M. on Friday, June 14, 1985 in the Council Chambers.
ROLL -CALL: PRESM:
P21._ Y.+l.r
I- 0
Mayor Philip B. Kravitz
Vice Mayor Helen Massaro
Councilman Arthur H. Gottesman
Councilman Sydney M. Stein
Councilman Raymond J. Munitz
Elly F. Johnson, City Manager
Jon M. Henning, City Attorney
Marilyn Bertholf, City Clerk
Patricia Marcurio, Secretary
Mayor Kravitz called for a Moment of Silent Meditation followed
by the Pledge of Allegiance.
49. Tract 24 -- Discussion and possible action on:
a) 1) Plat - Temp. Reso. 43M
2) Site Plan - Temp. Reso. #3662
b) Water and Sewer Agreement
c) Stipulation #22
(located on the southeast corner of Nob Hill Road and
NW 81 Street).
MQUIS OF- TIQ:
a) 1) Agendized by Consent.
(See Pages o? 3, /,~��
V/M Massaro MOVED to Agendize by Consent discussion and possible
action concerning approval of the plat, which should be discussed
before consideration of the site plan. SECONDED by C/M Stein.
VOTE; ALL_ VOTED AYE
Discussion and possible action to encourage the movie indus-
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try to produce movies in Broward County (Agendized by Con-
sent on 6/12/85).
.SYNAPSIS OF ACTION: APPROVED. RESOLUTION NO. R-85-191 PASSED.
Mr. Henning read Temp. Regg.„#,3�61 by title.
Mayor Kravitz said the Chamber of Commerce contacted him and they
are ready to create a brochure for this purpose without any cost
to the City. He said Section 3 of the Resolution states, "No
City funds may be expended in connection with this motion picture
or television production without the approval of the City Coun-
cil."
C/M Stein MOVED APPROVAL of Tgmp_,,R.ggo._ 3§61, SECONDED by
V/M Massaro.
C/M Gottesman asked if they will give the City a contract to
cover any type of damage that might be done during the course of
movie productions and Mayor Kravitz noted that at this point the
City is just working with the Broward County Economic Development
Board to encourage them to come into Tamarac. He said when it
gets to the point of actual production, the City Attorney will
handle the necessary legal matters.
Mr. Henning said it appears from the Resolution that the City
Council is authorizing this County agency to act on behalf of the
City to allow the permits and make the necessary arrangements.
C/M Stein said no company will come into a City without
sufficient insurance. Vickie Beech, resident, said she thinks
the City should protect itself.
49. Tract 24 - Discussion and possible action on:
a) 1) Plat - Temp. Rego. .13663
2) Site Plan - .Temp,_ Reso. .#_3¢62
b) Water and Sewer Agreement
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c) Stipulation #22
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(located on the southeast corner of Nob Hill Road and
NW 81 Street)
SYTOOPPEIS OF ACTIQN: RESOLUTION NO. R-85-192 PASSED.
a) 1) Agendized by Consent on
Page and APPROVED.
a) 2) APPROVED,
b) and c) APPROVED.
RESOLUTION NO. R-85-193 PASSED.
a) 1) V/M Massaro said normally under the platting approval, the Drain-
age Retention Fee, in the amount of $23,814.00 and the Drainage
Improvement Fee of $2,093.00 would be due. She said there is
also a $500.00 Plan Review Fee due as well totalling $25,907.00.
Alan Kan, of Bedzaw & Korn, P.A., said he has four checks which
he submitted to the City Clerk:
$ 2,093.00 - Drainage Improvement Fee
500.00 - Water and Sewer Review Fee
23,814.00 - Drainage Retention Fee
172,890.00 - Water and Sewer Developers Agreement
V/M Massaro MOVED APPROVAL of the Plat as submitted, SECONDED
by C/M Gottesman.
a) 2) Mr. Henning read by title.
Richard Rubin, Consultant City Planner, said the parcel of land
proposed to be developed has 113 single-family zero -lot lane
units on Nob Hill Rd., south of Section 23. He said the zoning
is R3U, the property size is 20.017 acres and the density is
approximately 50% of what would be permitted by the City's Land
Use Plan. He said staff has reviewed this site plan and
recommends approval with the condition that Council accept the
Stipulation in which there is an indication that the guardhouse
may be constructed as proposed at the entrance. He said they are
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also requesting a waiver of the seawall requirement and, if the
applicant wishes to build a clubhouse or any type of facility on
the recreation site, the property must be site planned and zoned
for the proper purposes. He said right now, Council is approving
a site plan for 113 units and voiding the site plan for the
Recreation parcel.
Mr. Henning asked if there are any other conditions that should
be on the Development Order and Mr. Rubin referred to Page 4 of
the Development Review Status Sheet which stated, "A revised site
plan must be submitted for the rec areas, prior to issuance of
permits for the rec areas and developer to apply for rezoning of
rec areas to S-1, prior to issuance of any permits for those
areas." He said staff would like that paragraph included in the
Development Order since it is not so stated on the site plan now.
Wilson Way, of Darby and Way, asked if it is necessary to go
through a rezoning when they seek site plan approval for the rec
area. Mr. Rubin said the City Code states that if one plans to
build a clubhouse for people to assemble in the building, it must
be zoned S-1. He said if it is just a cabana and a pool, the
zoning of S-1 is not required.
V/M Massaro said Council does not have to waive the seawall
because in Land Sections 4, 5 and 6 the seawall is not required.
However, she said, she would MOVE that it be WAIVED as a
condition under Section 1 d) on Page 2 of the Resolution. She
said this MOTION is also to APPROVE Temp. Reso,_#3662 as amend-
ed, SECONDED by C/M Stein.
V/M Massaro asked if the area that abuts the canal has been
excavated to the property line and Mr. Way said it will be.
Mr. Rubin said this is already on the drawing. V/M Massaro said
on the plat it was indicated that this will be an Adult Commun-
ity and she asked if he would indicate this for the record.
Mr. Kan said the language on the plat indicates that the sale of
the units will be limited to an "Adults Only Community", adult
being defined as 18 years of age or older. Mr. Henning noted
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that on the plat, Note #2 states, "This plat is restricted to an
Adult Community".
ALL VOTED AYE
b) Mr. Henning said there was a provision regarding a dispute as to
the amount of the connection charge fee, the objections were
removed and the City submitted substitute pages in the Water and
Sewer Agreement for Page 4 which originally stated, "Paid under
protest". He said on Page 16, Paragraph b) has a Reservation of
Rights regarding any claims over the dollar figure and this was
removed. He said Mr. Kan was not happy with the phrase that this
was the agreed amount and Mr. Kan said the amount will be paid
and he did not feel a statement was necessary in the Water and
Sewer Agreement.
V/M Massaro asked Mr. Kan if they were challenging this at this
time and Mr. Kan said no, the fee will be paid. V/M Massaro said
she and Council went to a lot of trouble to bring this to this
Reconvened Meeting because she thought there was an understanding
between Mr. Henning and Mr. Kan. She said had she known there
was not this understanding, this would not be on the agenda
today. Mr. Kan said there was an agreement between he and Mr.
Henning but this afternoon he noted the additional language.
Mr. Henning said the contract reads, "Payment of contribution
charges is a condition precedent to the execution of this agree-
ment. The contribution charges applicable to this agreement are
summarized as follows...". He said there is a break -down which
states that the City was paid the sum of $172,890.00.
Mr. Henning said this language could be whited out.
C/M Stein MOVED APPROVAL of the Water and Sewer Agreement,
SECONDED by V/M Massaro.
VOTE: AIL —VOTED AYE
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c) Mr. Henning said this Stipulation is in the same lawsuit of
Leadership Housing, et al vs. The City of Tamarac, which is Case
#72-11731CZ under Judge Weissing. He said they are here as the
successor to Leadership Housing and, basically, this is being
brought up to present City Code. He said the previous language
had 3 exceptions, a), b) and c). He said one was the Recreation
Fee, which is Chapter 20-42 of the City Code, that is not
applicable under the Court -ordered property and they are retain-
ing that right and the City'agrees to that. He said b) was a
question about the Traffic Impact Fee Ordinance, however, since
that has not been passed as yet, it is moot. He said he is
removing the b) paragraph and c) would become b) which addresses
the approximate 100-square foot guardhouse on the site plan. He
recommended approval and, for the record, he said this would be
Stipulation #22.
V/M Massaro MOVED APPROVAL of Stipulation #22, SECONDED by
C/M Stein.
VOTE:
Mr. Henning read by title and V/M Massaro MOVED
APPROVAL, SECONDED by C/M Gottesman.
ofirexe 0=1 i . I1- ,... -
cussion and possible action on:
a) Water and Sewer Agreement
b) Easement and Option Agreement
c) Five Agreements and Waivers of Section 28-216 of the
Code waiving the distance of the model sales facility
from occupied residences
d) Temporary model sales facility
(Agendized by Consent on 6/12/85)
US) •l 4wa*o 110 ,
APPROVED a) through d).
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a) Mr. Rubin said Woodview Tract 38 has been around for awhile and
there is a new potential buyer who will be completing this pro-
ject. Peter Koerber, General Contractor for T D Construction,
Inc., said they are purchasing the remaining 25 single family
homes on this tract. He said they are requesting approval to
start building and to have their sales facility there.
itV/M Massaro suggested reviewing the site plan so that Mr. Koerber
can give his approval. Mr. Rubin said the temporary sales office
is proposed to be located along NW 88 Ave. where building unit
#23 would be located. He said the site plan was originally
approved by Council in 1979 and the applicant wishes to continue
constructing the items shown on the site plan as originally
approved. V/M Massaro said she referred to the site plan because
it shows a sidewalk which Leadership Housing originally agreed to
install and she asked Mr. Koerber if they will assume
responsibility for this. Mr. Koerber said he does not want to
commit himself concerning this at this time since the City agreed
to this with Leadership Housing, however, in order to proceed, he
agreed to install the sidewalk and so indicated on the site plan.
V/M Massaro said Page 4 indicates 100 ERC's, which require a fee
of $153,000 and Mr. Koerber presented a check in this amount to
the City Clerk. She said the guaranteed revenues begin on the
first 44-1/2 ERC's immediately effective with the signing of this
agreement today and the balance of the 100 ERC's will have
guaranteed revenues beginning 6 months from now.
V/M Massaro MOVED APPROVAL of the Water and Sewer Agreement,
SECONDED by C/M Gottesman.
b) V/M Massaro MOVED APPROVAL of the Easement and Option Agreement,
SECONDED by C/M Gottesman.
VOTE;
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c) V/M Massaro MOVED APPROVAL of the five agreements and waivers,
SECONDED by C/M Stein.
KOMME
d) Mr. Rubin said on Lot #23 the temporary sales trailer is being
constructed with 12 asphalt parking spaces and landscaping to
shield the parking lot from the roadway and from the interior
lots. He said staff recommends approval.
C/M Gottesman MOVED APPROVAL of the temporary model sales
facility, SECONDED by C/M Stein.
55. Wire rs-fed - TemR._Reso. #3651 - Discussion and
possible action. (Agendized by Consent on 6/12/85).
RESOLUTION NO. R-85-194 PASSED.
as amended.
Mayor Kravitz read TemP, R4&9,_#3651 by title.
Tape 2 Mayor Kravitz said this new Resolution states that there must be
authorization in writing by the Mayor, City Manager and Finance
Director or any of their designees in order to have these trans-
actions. Mr. Henning said he prepared this at Mayor Kravitz's
request and the requirement of the Mayor's signature has been
added to this Resolution. He said at the last meeting he assumed
that in the absence of the Mayor, the Vice Mayor would step in
and in the absence of the City Manager, the Acting City Manager
would step in. He said the Mayor has suggested that there be
specific designees and he assumed the Mayor would designate
another member of Council. He said Council should direct the
City Manager as to who he would designate.
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V/M Massaro said she would expect he would use the same person
designated as Acting City Manager and City Manager Johnson said
he agreed. V/M Massaro said she does not agree with the
language, "A copy of the fully -executed authorization form shall
be sent by the City Manager to the members of the City Council
within two working days after the transaction is made." She said
isthere is no reason that Council cannot be notified immediately.
Mr. Henning said this can be changed by striking "within two
working days" and inserting "at the time of execution". City
Manager Johnson asked for clarification on the words, "sent to
Council" and V/M Massaro said it would be handled like any
interoffice memo. Mr. Henning noted that on the bottom of
Section 2, the lines denoting "Passed on first reading..." and
"Passed on second reading..." will be removed and the language
"Passed, adopted and approved..." will be inserted.
C/M Gottesman MOVED to APPROVE as amended,
SECONDED by V/M Massaro. Mr. Henning noted for the record that
this is the second revision of 6/14/85.
Ed Solomon, resident, said he approved of the amendment made by
V/M Massaro and he suggested the specific naming of people for
these transactions, such as, the Mayor, in his absence, the Vice
Mayor and in the absence of both of them, the senior member of
Council. City Manager Johnson said that is the normal procedure
that is followed but there is an adopted Resolution at this time
designating the Mayor and Vice Mayor. V/M Massaro questioned
where the seniority would be in the case of C/M Stein and
C/M Munitz and she said she would like to see C/M Stein named.
Mr. Henning said this would be a formality and the Mayor could
designate all members of Council in the order he selects and
Mayor Kravitz said this could be done by a letter at any time.
YOTE= ALL Y-QTED-AYE
Mayor Kravitz adjourned the meeting at 3:00 P.M.
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ATTEST:
ASSISTANT CITY CLERK
This public document was promulgated at a cost of $82.00 or $2.27
per copy to inform the general public and public officers and
employees about recent opinions and considerations by the City
Council of the City of Tamarac.
1
CITY OF TAMARAC
APPR VED AT MEETING OF
City Clerk
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