HomeMy WebLinkAbout1988-11-23 - City Commission Regular Meeting Minutes7525 NW 88 Avenue
Tamarac, Florida 33321
FIRST CLASS MAIL
CITY OF TAMARAC
CITY COUNCIL
REGULAR COUNCIL MEETING
0111 R 13 wz?000911�
ANNOUNCEMEN1 OF TIME ALLOCATIQNFZ - MOTIONS To JARTY, 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.
Preselltation by City Manager Kelly of a fifteen -year service
award to ROBERT LOGAN, Police Department; and five-year
service awards to CATHY ANDREWS, DAVID GROTJOHAN and
THERESA O'NEILL, Police Department; MICHAEL COUZZO,
Public Works Director; and JUDY YACOBELLIS, Community
Development Department.
FINAL ACTION:
PRESENTATIONS were made.
COMENTAGE
2. Items listed under Consent Agenda, Item 2, are viewed to be routine and
the recommendation will be enacted by one motion in the form listed
below. If discussion is desired, then the item(s) will be removed from the
Consent Agenda and will be considered separately.
address the City Council at this time must, in advance of the item, give
his/her name and address to the City Clerk.
a. 1, releasing a cash bond
in the amount o 675.00 posted for beautification of a dumpster
enclosure at CASTRO CONVERTIBLES, Permit 87-2021
(881211).
2• releasing a cash bond
in the amount o $3,300.00 posted for parking lot lighting at
CASTRO CONVERTIBLES, Permit 87-2021(881214).
FINAL A!Q.3:ION: RESOLUTION NO. R-88-314 PASSED.
RESOLUTION NO. R-88-315 PASSED.
APPROVED 2a1 and 2a2.
MQtionreleasing a permit fee in the
amount of $116.60 paid by Gable Roofing Corp. for roofing at KINGS
POINT BUILDING G, which was not done by this contractor.
FINAL A!Q3:ION: RESOLUTION NO. R-88-316 PASSED.
APPROVED.
Page 1
11/23/88
City
c.
Clrrk
Motion to_Annr_ovn the minutes of the following City Council
meetings:
1.
10/26/88 - Regular Meeting
2.
10/27/88 - Special Meeting
3.
10/31/88 - Special Meeting
APPROVED.
d.
Motion to A1211rove, renewal of a model sales permit and waiver of
the 150-foot distance requirement for issuance of certificates of occupant
for ARBORS AT ISLES OF TAMARAC for a six-month period from
12/31/88 to 6/13/89.
FINAL ACTION:
APPROVED.
Utilities/Engineerin
e.
Motion toAdoRtt Temp. He,sg_#5239 accepting a Hold Harmless
Agreement offered by FINA OIL AND CHEMICAL COMPANY per-
taining to monitoring wells at the service station located at 2401 W.
Commercial Boulevard.
ACTION:FINAL RESOLUTION NO. R-88-317 PASSED
APPROVED.
3.
OPEN PUBLIC FFORIM
Open Public Forum - Any member of the public who wishes to
address the City Council at this time must, in advance of the item, give
his/her name and address to the City Clerk.
FINAL ACTIQN:
Open Public Forum was held.
4.
REPORTS
City Council
5.
City Manager
6.
City Attorney
Community
7.
]Zb9OLUTIONS
Dgyel2Rment
Motion to AdQRt TemR. Reso. #§24ft approving a revised site
plan for STATE FARM SERVICE CENTER reflecting relocation of a
fire hydrant, handicapped parking and revision to landscaping and the
building.
(located on the north side of McNab Road between NW 80 Avenue and
NW 84 Terrace)
FINAL ACTION: RESOLUTION NO. R-88-318 PASSED.
APPROVED.
8.
approving a revised site plan and
associated documents for SPRINGLAiKE VILLAS (Northwood II)
reflecting phased development.
(located at the SW corner of Southgate Boulevard and Nob Hill Road.
FINAL ACTION: RESOLUTION NO. R-88-319 PASSED.
APPROVED as amended on Page 4, Line 3, "42,041.00" should be added
with
"$42,791.00" stricken. The language should then read"which represents
CIAC water and sewer fees." Strike "and $750.00 in plan review fees."
Page 2
11/23/88
J Drlr4 I dItIQ M I I I t4
9. Motion to Adolitt Temg. Rego. ,15238 authorizing the appropriate
City officials to execute a Large User Wastewater Agreement with
Broward County.
: RESOLUTION NO. R-88-320 PASSED.
10. calling performance Letter of
Credit M-1510 in the amount of $7,846.75 posted by Waterford at
Woodmont, Ltd., for public improvements at WATERFORD ISLES
(WOODMONT TRACT 59).
FINAL ACTION: RESOLUTION NO. R-88-321 PASSED.
APPROVED.
11. Motion to Adopt Temp. Ord. #1415_on first reading amending Article
1 of Chapter 19 of the Code of Ordinances of the City of Tamarac pertain-
ing to the City's Pension Plan.
FINAL ACTION:
TABLED to a Special City Council Meeting regarding this.
4.11...Et I. 11-m- r„• �.
12. Public Hearing - Mgtign to Adgjat Temp. Reso. #5245
approving for transmittal to the State of Florida, Department of
Community Affairs, the document entitled "The City of Tamarac, Com-
prehensive Plan 1989, Working Draft", for the compliance review process
as required under the provisions of the Growth Management Act, Chap-
ter 163 Florida Statute and Chapter 9J-5 Florida Administrative Code.
FINAL ACTION,: RESOLUTION NO. R-88-322 PASSED.
APPROVED. Public hearing was held.
The City Council may consider and act upon such other business as may come before it.
In the event this agenda must be revised, such revised copies will be available to the public at the
City Council meeting.
Pursuant to Chapter 286,0105, Florida Statutes, 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 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.
1
PATRICIA MARCURIO
ACTING CITY CLERK
Page 3
11/23/88
CITY OF TAMARAC
CITY COUNCIL REGULAR MEETING
WEDNESDAY, NOVEMBER 23, 1988
TAPE 1
CALL TO ORDER: Mayor Abramowitz called this meeting to Order on
Wednesday, November 23, 1988 at 9:00 A.M. in the Council Chambers.
MEDITATION AND PLEDGE OF ALLEGIANCE: Mayor Abramowitz called for the
Pledge of—Allegia ce followed by a moment of Silent Meditation dedicated
to Beatrice Schreiber, the wife of Joseph Schreiber who serves on the
Planning Commission and the Insurance Advisory Board.
PRRgVMT
ABSENT AND EXCUSED:
ALSO PRESENT:
ORDINANCES
Mayor Norman Abramowitz
Vice Mayor Jack Stelzer
Councilman Dr. H. Larry Bender
Councilman Bruce Hoffman
Councilman Henry Rohr
John P. Kelly, City Manager
Richard Doody, City Attorney
Patricia Marcurio, Office Manager
City Clerk's Office
Pauline Walaszek, Special Services
Secretary
11. MOTION TO ADOPT Temp. Ord. #1415 on first reading
Amending Article 1 of Chapter 19 of the Code of Ordinances of
the City of Tamarac pertaining to the City's Pension Plan.
SYNOPSIS OF ACTION:
TABLED at the request of the City Attorney.
City Attorney Doody asked that this Item be Tabled. He
said the Amendments were approved by the Pension Board;
however, he would like an opportunity to review the
Amendments further.
City Attorney Doody suggested that a Special meeting be
held for the first reading and the second reading be held
during December, 1988. He said the City Code required
that the Amendments be done through special
advertisement.
* C/M Hoffman MOVED to TABLE Temp. Ord. #1415
* SECONDED by C/M Bender.
VOTE:
ALL VOTED AYE
** EDITOR'S NOTE: A Special meeting will be held on
December 2, 1988 at 11:00 A.M. for this Item.
INTRODUCTION
1. PRESENTATION by City Manager Kelly of a fifteen -year service
award to ROBERT LOGAN, Police Department; and five --year service
awards to CATHY ANDREWS, DAVID GROTJOHAN and THERESA O'NEILL,
Police Department; MICHAEL COUZZO, Public Works Director; and
JUDY YACOBELLIS, Community Development Department.
Page 1
11/23/88
SYNOPSIS OF ACTION:
PRESENTATIONS were made.
City Manager Kelly presented a fifteen -year service award
to Robert Logan of the Police Department and five-year
service awards to Cathy Andrews, David Grotjohan and
Theresa O'Neill of the Police Department, Michael Couzzo,
Public Works Director and Judy Yacobellis, Occupational
License Supervisor.
Mayor Abramowitz said he recently received a complaint
regarding the Police Department; however, he received
several letters regarding the Police Department's great
performance and service to the community. He said he was
very proud of the Police Department and thanked them for
their services to the City.
CONSENT AGENDA - Item 2, a. through e.
Building Department
2. a. 1. MOTION TO ADOPT Temp. Reso. #5236 releasing a
cash bond in the amount oF—$675.00 posted for beauti-
fication of a dumpster enclosure at CASTRO CONVERTIBLES,
Permit 87-2021 (881211).
2. MOTION TO ADOPT Temp. Reso. #5237 releasing a
cash bond in the amount of $3,300.00 posted for parking
lot lighting at CASTRO CONVERTIBLES, Permit 87--2021
(881214).
SYNOPSIS OF ACTION:
APPROVED.
RESOLUTION NO. R-88-314 - PASSED
RESOLUTION NO. R-88-315 - PASSED
b. MOTION TO ADOPT Temp. Reso. #5246 releasing a permit
fe— a in the -amount of $116.60 paid by Gable Roofing Corp.,
for roofing at KINGS POINT BUILDING G, which was not done
by this contractor.
SYNOPSIS OF ACTION:
APPROVED.
City Clerk
RESOLUTION NO. R-88-316 - PASSED
c. MOTION TO APPROVE the minutes of the following City
Coun 11me e t g s-.
1. 10/26/88 - Regular Meeting
2. 10/27/88 - Special Meeting
3. 10/31/88 - Special Meeting
SYNOPSIS OF ACTION:
APPROVED.
d. MOTION TO APPROVE renewal of a model sales permit
and waiver of the 150-foot distance requirement for
issuance of certificates of occupancy for ARBORS AT ISLES
OF TAMARAC for a six-month period from 12/13/88 to 6/13/89.
SYNOPSIS OF ACTION:
APPROVED.
Utilities/Engineering
e. MOTION TO ADOPT Temp. Reso. #5239 accepting a Hold
Ha— rmTess Agreement offered by FINA OIL AND CHEMICAL COMPANY
pertaining to monitoring wells at the service station located
at 2401 W. Commercial Boulevard.
Page 2
1
1
11/23/88
SYNOPSIS OF ACTION: RESOLUTION NO. R-88-317 PASSED
APPROVED.
* C/M Hoffman MOVED to APPROVE Consent Agenda Item 2, a.
* through e., SECONDED by C/M Bender.
ffil"
OPEN PUBLIC FORUM
3. OPEN PUBLIC FORUM
ALL VOTED AYE
Vickie Beech, Resident at 9102 NW 67 Court, had concerns
about the development on 81 Street and 100 Avenue. She
said the newspaper reported on her concerns and she asked
Mayor Abramowitz if he investigated the development and
if anything was going to be done.
Mayor Abramowitz said he met with the City Manager and
Alan Ruf, Consulting Attorney, regarding this matter. He
said he received several documents regarding this matter
and he would not be able to address the solutions at this
time because these things were not known.
Mayor Abramowitz said in 1985 there was litigation
between the City of Tamarac and Cardinal Industries
regarding an application from Cardinal Industries to
build in certain areas of the City. He said the areas
were under a court order which took away the prerogative
of the City to enforce its laws. He said the City won
the court case which provided that Cardinal Industries
had to comply with the City Codes.
Mayor Abramowitz said Cardinal Industries appealed this
decision to the Circuit Court and, while it was waiting
to be heard in the Circuit Court, there was an agreement
and settlement made between the City of Tamarac and
Cardinal Industries. He said there were 26 stipulations;
however, he was waiting to get a copy of the stipulations
for review.
Mayor Abramowitz said he asked for an explanation as to
why the City of Tamarac settled rather than taking the
case to the Circuit Court. He said Mr. Ruf indicated
that there was a great deal of development taking place
in the City and the City felt that an Appeal in court may
inhibit the development taking place in the City.
Mayor Abramowitz said he did not know what could be done
about the matter and he was reviewing and requesting
additional documents on the matter. He said the City's
staff was concerned about the development and was working
diligently to correct the matter. He said the Agreement
with Cardinal Industries also covered another large tract
belonging to them.
Mayor Abramowitz said he would be meeting with the City
Attorney regarding the 26 stipulations and he should have
a report at the next City Council meeting.
Mrs. Beech said many people felt that she objected to
development in the City; however, she could understand
that the developers and the City had to cooperate with
each other to create a City. She said she did not
appreciate the fact that the developers have controlled
almost everything that has taken place in the City. She
Page 3
J
11/23/88
said she did not appreciate the down --grading in the City.
She said the City Council had to become more stern in
their decisions regarding the development in the City
because the City Council lived in the City as well.
Mayor Abramowitz said he was not against development;
however, he was against bad development in the City.
Melanie Reynolds, Resident at Sands Point, said she
indicated in the past that the City was living under two
sets of laws, one law was the City Charter, which was the
will of the people and the laws in the City Code which
was the will of several Councilmembers. She said she
felt that the City was living under two governments as
well, one being the City Manager's government who gave
the City a skeleton type of Agenda and the other being
the the City Council government.
Mrs. Reynolds said at the last meeting discussion took
place regarding the Sister City. She said in April,
1988, C/M Rohr read a proclamation concerning a Sister
City and on this the City Council built something that
did not involve the residents. She said there were
several items being handled that were done without the
residents being involved.
Mrs. Reynolds said for instance, the City was losing
several Department Heads such as Judy Deutsch, Mimi
Mannion, Bob Jahn and, now, Thelma Brown -Porter. She
said the City Council did not inform the residents of
these matters; however, these things are not being
governed by the people.
City Manager Kelly said Mrs. Reynolds should get some of
her facts correct. He said the people mentioned were not
Department Heads, Judy Deutsch was not a Department Head
and her position was eliminated, Mimi Mannion resigned
for a better position in the City of North Lauderdale,
Bob Jahn retired and Thelma Brown -Porter has been
suspended at this time and, until the matter was reviewed
further, it would not be discussed.
REPORTS
4. CITY COUNCIL REPORTS
C/M Hoffman reported that he met with the City Attorney
and staff regarding an Ordinance on licensing single
family homes. He said the Ordinance may be ready by the
last City Council meeting in December, 1988.
Mayor Abramowitz asked C/M Hoffman to explain this matter
further for the residents.
C/M Hoffman said he has been receiving complaints from
Homeowner Associations regarding individuals renting
their homes to people who were not concerned with keeping
the homes in good condition. He said he discussed this
matter with the City Attorney who felt that the owners of
the homes could be licensed for renting their homes. He
said this would not prohibit people from renting homes
but control the type of rentals allowed.
C/M Hoffman said the City Attorney was investigating the
matter to see what the City was allowed to do on the
matter. He said the Ordinance would be enforceable and
Page 4
11/23/88
would protect the communities from undesirable actions of
the homeowners.
C/M Hoffman said he was not sitting on the City Council
in 1985 and the matter regarding Cardinal Industries was
inappropriate. He said he would have never approved a
settlement to permit the development and he was concerned
and was dealing with the City Manager and City Attorney
on the matter. He said if there was anything possible
for the City to do on the matter, it would be done
because he lived behind the development and he did not
approve of the development.
C/M Bender reported in 1983, when he was Chairman of the
Planning Commission, he did an in-depth study regarding
the size of rooms to be used in formulating the
construction of apartments and homes. He said the
Planning Commission made recommendations to the City
Council to increase the size of the rooms thereby
eliminating the construction of the prefab buildings that
are now unacceptable; however, the City Council did not
approve or accept that recommendation.
C/M Bender said C/M Hoffman has brought this matter back
into circulation and, although, the proposed Ordinance
would prevent the problems in the future, it did not
resolve the existing problem. He said the City Council
was trying to correct the problems and upgrading the size
of the rooms was one way of correcting the problem.
City Attorney Doody said the proposed Ordinance would not
name any specific group.
C/M Bender said the proposed Ordinance would cover all
development and not one specific development.
City Attorney Doody suggested that this matter be
addressed when the proposed Ordinance was available for
discussion.
C/M Hoffman said he wanted it known that what was being
done regarding the size of the dwellings had nothing to
do with Cardinal Industries.
V/M Stelzer said the size of the rooms were considered
in 9983 and there were particular reasons why the City
Council could not approve the Ordinance proposed in 1983.
He suggested the matter be discussed when the Ordinance
is present.
V/M Stelzer wished everyone a Happy Thanksgiving.
Mayor Abramowitz said the City Attorney and City Council
agreed to get Council consent before an Ordinance is
drafted. He said this process was working very well.
Mayor Abramowitz asked for the City Council's consent in
having the City Attorney draft an Ordinance that would
give the Code Enforcement Officers more power to
implement the Code Enforcement Rules after someone was
cited.
The City Council agreed with the City Attorney doing
this.
TAPE 2
City Attorney Doody said he understood that the City
Council wanted to shorten the time between a person being
cited and being heard by the Code Enforcement Board.
Page 5
11/23/88
Mayor Abramowitz said he wanted the people to know that
when they were cited, they had only a few days to correct
the problem before appearing before the Code Enforcement
Board.
C/M Hoffman said a person who corrected the problem after
being cited paid no consequences; however, after the
problem was corrected, it could be neglected again and
the process would have to be followed again.
City Attorney Doody said under the State Statute the City
could provide that if compliance was not followed in the
future, another hearing would be held without starting
from the beginning of the process.
City Attorney Doody said he would review the Florida
State Statutes and draft an Ordinance according to the
State Statute.
Mayor Abramowitz said he received a letter from a
disturbed citizen who did not give her name, address or
phone number. He said since he has been Mayor, he has
yet to fail and answer a letter or return a phone call
from the residents. He said he did not read unsigned
letters; however, the City Council and staff have been
able to help several residents.
Mayor Abramowitz said the Veterans Delegation met with
him this week and asked if the City Council would
reinstitute a Veterans Board in the City. He said he
investigated the matter and found that there was a
Veterans Board in the City in the past and there were 5
very active Veterans Organizations in the City.
Mayor Abramowitz said there was an allocation by the City
for $34,000.00 per year for a Veterans Board. He said
the allocation was never spent and, for some reason, the
Veterans Board was abolished. He said the Veterans Board
would take 50 handicapped patients to the Veterans Park
twice a year for a picnic and barbecue. He said the
hospital provided all of the transportation and the City
no longer assists them.
Mayor Abramowitz said the Veterans Delegation asked that
the City reinstitute a Veterans Committee and he said he
would like to do this; however, if Politics were involved
he would not allow the Committee to continue. He said
the Veterans Committee promised that this would not
occur.
Mayor Abramowitz said the Veterans Delegation asked if
the City could fund the amount of money needed for the
two picnics and he was assured that the money would not
be spent for anything other than the two picnics. He
asked the City Manager and City Attorney to bring
documents to the City Council to reactivate the Veterans
Committee in the City.
V/M Stelzer said there were problems in the past with a
quorum being met for the Veterans Committee. He said
when the Veterans Committee was eliminated, there were a
few members placed on the Parks and Recreation Committee.
He said funding the events could be done through the
Parks and Recreation's Budget. He said if the Committee
was not going to have a quorum and meet regularly, the
same problem would occur that occurred in the past. He
Page 6
11/23/88
said there were not objections to the Veterans activities
and that was why they had two members appointed to the
Parks and Recreation Board.
Mayor Abramowitz said before he approved this matter, V/M
Stelzer's concerns would be a stipulation to the Veterans
Committee being reactivated and, if any of the agreements
were broken, the Committee would have to cease. He said
the Veterans Organization felt that the City did not
recognize the Veterans Organizations in the City and he
would see that these matters are addressed before
reactivating the Veterans Committee.
The City Council agreed to the City Attorney and City
Manager pursuing this matter.
5. CITY MANAGER REPORT
City Manager Kelly reported that the Utilities Customer
Service Department would be located at the City Hall
adjacent to the Data Processing Department on the first
floor effective December 5, 1988.
V/M Stelzer asked if the drop-off box would be eliminated
from the Utilities Building and City Manager Kelly said
this matter was being investigated because of the flow of
traffic.
City Manager Kelly said he received 145 applications for
the position of the Assistant to the City Manager. He
said he would be setting up interviews with the
appropriate applicants.
City Manager
Kelly said
the Agreement with the School
Board regarding
reviewed because
the Multi
there were
-Purpose Complex had to be
concerns regarding the
maintenance
agreements.
City Manager
Kelly said
the City was using a computer
disk to get
information
regarding properties and
development
in the City
from Broward County. He said the
instrument was
very good
and would be valuable to the
City.
City Manager Kelly reported that the Police Station
construction was on schedule and should be available for
the Police Department to move in during April, 1989.
City Manager Kelly said the landscaping around the City
Hall was being corrected and City Council's concerns
regarding the landscaping were being satisfied. .
City Manager Kelly thanked the City Council, staff and
Department Heads and City Attorney for their support and
the particularly thanked the City Attorney for the
interaction occurring within the last three weeks and
stopping him by advising him from doing things that he
wanted to do.
6. CITY ATTORNEY REPORT
City Attorney Doody informed that City Council and City
Manager that he enjoyed working with them. He said the
City Manager was very professional and a good City
Manager and thanked the City Manager for his comments.
Mayor Abramowitz announced that there would be a traffic
light installed by January 1, 1989, on Commercial
Page 7
J
11/23/88
Boulevard across the street from the Movie Theater. He
said the cost of this light would be paid by United
Artist, the City of Lauderhill and the City of Tamarac.
ORDINANCES
PUBLIC HEARING
Community Development
12. Public Hearing - MOTION TO ADOPT Temp. Reso. #5245
approving for transmittal to the State of Flori'Ta, Department
of Community Affairs, the document entitled, "The City of
Tamarac, Comprehensive Plan 1989, Working Draft", for the
compliance review process as required under the provisions
of the Growth Management Act, Chapter 163, Florida Statute
and Chapter 9J-5, Florida Administrative Code.
SYNOPSIS OF ACTION: RESOLUTION NO. R-88-322 - PASSED
Public Hearing was held.
APPROVED.
City Attorney Doody Bread Temp Reso. #5245 by title.
* C/M Bender MOVED to APPROVE Temp. Reso. #5245,
* SECONDED by C/M Hoffman.
Mike Von Hofen, Assistant City Planner, said this
document has been in production for approximately 2
years. He said this there were several meetings and
Workshops on the matter and the document had to be
submitted to the Department of Community Affairs in
Tallahassee, Florida, by December 1, 1988.
Mr. Von Hofen said the Department of Community Affairs
would review the document for compliance and consistency
with other organizations throughout the State. He said
this process would take 90 days and the City would be
informed of the findings. He informed the City Council
that the Department of Community Affairs was very strict
as to the Plans and comments and amendments should be
expected.
Mr. Von Hofen said after the comments were received, the
City Council would have 2 months to adopt the Plan which
should be done before May 1, 1989.
Mayor Abramowitz Opened the Public Hearing.
Vickie Beech, Resident, said she attended several
meetings regarding these documents and she asked how the
City stood in the restrictions of future planning and if
the City was protected in being more restrictive or less
restrictive.
Mr. Von Hofen said the implementation section of the
documents indicated Broward County's Codes and
Requirements. He said the City of Tamarac was allowed to
be more restrictive as was stated in the document.
Mayor Abramowitz Closed the Public Hearing with no
further response.
VOTE:
Page 8
ALL VOTED AYE
1
11/23/88
1
1
RESOLUTIONS
Community Development
7. MOTION TO ADOPT Temp. Reso. #5240 approving a revised
site plan for STATE FARM SERVICE CENTER reflecting relocation
of a fire hydrant, handicapped parking and revision to land-
scaping and the building.
(located on the north side of McNab Road between NW 80 Avenue
and NW 84 Terrace)
SYNOPSIS OF ACTION:
APPROVED.
RESOLUTION NO. R-88-318 - PASSED
City Attorney Doody read Temp. Reso. #5240 by title.
* C/M Hoffman MOVED to APPROVE Tem2 Reso. #5240,
* SECONDED by C/M Bender.
Mike Von Hofen, Assistant City Planner, said the zoning
on the property is B-6 and the Master File number is
20-87. He said the Legal Description is Lots 4 through
7, Lot 35, McNab/Commercial Subdivision #2 in Land Book
73, Page 28. He said the type of use requested is a
revised site plan to relocate fire hydrant, handicapped
parking spaces and revisions to the landscaping and
building. He said the Planning Commission and staff
recommend approval.
VOTE:
V.,VffWlGhff WoM f?
8. MOTION TO ADOPT Te� mP• Reso. #5247 approving a revised
site plan and associated documents for SPRINGLAKE VILLAS
(Northwood II) reflecting phased development.
(located on the SW corner of Southgate Boulevard and Nob Hill
Road)
SYNOPSIS OF ACTION:
APPROVED with Amendments.
RESOLUTION NO. R-88-319 - PASSED
City Attorney Doody read Temp. Reso. #5247 by title.
* C/M Bender MOVED to APPROVE Temp. Reso. #5247,
* SECONDED by C/M Hoffman.
Mike Von Hofen, Assistant City Planner, said the zoning
on the property is R-3 and the Master File number is
7-79. He said the site was originally approved in 1979
and the Legal Description is Northwood II in Land Book
107, Page 39. He said the request is for a revised site
plan and there are 6.789 acres and 70 units involved. He
said the height of the building is one story and Planning
Commission and staff recommend approval.
City Attorney Doody said this project would be a
circumstance where the City held the agreements in
escrow. He said the Water and Sewer Developers Agreement
and the Blanken Public Safety Ingress/Egress Easements
were signed by the contract vendee of the property, not
the current owner. He said the City would hold the
Agreements in escrow until December 15, 1988 and either a
closing on the property would take place or the documents
would be returned to the developer and the site plan
would be declared null and void.
City Attorney Doody said he would monitor the matter;
however, it should be handled by the City Clerk's Office.
He said a coordination should take place between staff.
Page 9
11/23/88
City Manager Kelly said this was his responsibility and
he would see that the appropriate actions were taken.
C/M Hoffman asked what the revisions were on the site
plan.
Dan Handler, Architect for the Developer, said there were
very few revisions and the elevations and room layouts
were the only revisions which were approved by the
Homeowner's Association,
Mayor Abramowitz asked if the Homeowner's Association
approved of the Plans.
Marvin Schurl, Resident of 8108 NW 100 Drive, President
of the Springlake Villas Homeowners Association, said the
Plans were reviewed and the Homeowners Associations
approved of the revisions.
City Attorney Doody said the cut-off date was December
15, 1988, and, under the Resolution, if a closing did not
take place the site plan became null and void and there
were not vested rights.
Mr. Handler said the closing should take place on
December 6, 1988; therefore, the cut-off date of December
15, 1988, was sufficient. He said he understood the
procedures of the Resolution.
V/M Stelzer said he did not object to the City holding
the Agreements in escrow; however, he did object to all
of the money being returned to the developer if closing
did not take place because of the time the City took in
processing the matter. He said he would like to see a
separation in the CIAO Fees for Water and Sewer from the
ERC Review Fees.
Mr. Von Hofen said the ERC Review Fees of $750.00 have
been paid by the owner of the property. He said if the
site plan became null and void, there would be new Review
Fees required to reinstate the site plan.
City Attorney Doody said the Resolution would be amended
to indicate that if the closing did not take place the
ERC Review Fees of $750.00 would not be returned;
however, $42,041.00 would be returned.
Robert Foy, Director of Utilities/Engineering, said
$750.00 was for the Plan Review Fees for the Water and
Sewer Developers Agreement and was prepaid by the
original developer. He said there were no engineering
plans approved and a second letter was sent informing the
developer of this matter.
City Attorney Doody said any reference in the Resolution
regarding $750.00 would be stricken. He said Page 4,
Line 3, would be changed to reflect "$42,041.00" as
opposed to "$42,791.00" and, "$750.00 in Plan Review
Fees" should be stricken.
C/M Bender AMENDED his MOTION to APPROVE Temp. Reso. #5247
with Amendments, C/M Hoffman AMENDED his SECOND.
1i010-4-Dr
Page 10
ALL VOTED AYE
11/23/88
1
Utilities/Engineering
9. MOTION TO ADOPT Temp. Reso. #5238 authorizing the
a'n ripr' ae Cty officialsto execute a Large User Wastewater
AgreFw,nt with Broward County.
SYNOPSIS OF NC:ION:
APPROv'ED.�-
RESOLUTION NO. R-88-320 - PASSED
City Attorney Doody read Temp. Reso. #5238 by title.
* C/M Hoffman MOVED to APPROVE Te^ mp. Reso. #5238,
* SECONDED by C/M Bender.
Robert Foy, Director of Utilities/Engineering, said
Broward County requested all of the large users to enter
into a new Agreement with them. He said the new
Agreement was a house cleaning of the existing Agreement
which was entered into in 1978. He said the 1978
Agreement was inherited from Tamarac Utilities, Inc., and
staff reviewed the Agreement and listed the major changes
in the presentation. He said the changes were technical
terms; however, the amount of interest charged for late
payment was being changed to .6% as opposed to the State
Statutes of .1% per month. He said he did not agree with
this charge and Broward County said if other Cities were
late the City of Tamarac would benefit from the charge
providing their payments were not late because the monies
collected would go to the expenses of operating the 201
System. He recommended this Item be approved.
VOTE:
ALL VOTED AYE
10. MOTION TO ADOPT Temp Reso. #5248 calling performance
Letter of Credit M-1510 znzn the amount of $7,846.75 posted by
Waterford at Woodmont, Ltd., for public improvements at
WATERFORD ISLES (WOODMONT TRACT 59).
SYNOPSIS OF ACTION:
APPROVED.
RESOLUTION NO. R-88-321 -- PASSED
City Attorney Doody read Tem2. Reso. #5248 by title.
* C/M Bender MOVED to APPROVE Temp. Reso. #5248,
* SECONDED by C/M Hoffman.
Robert Foy, Director of Utilities/Engineering, said the
warranty bond for the project would expire on December
15, 1988. He said there were deficiencies; namely,
drainage problems that could not be addressed or
corrected before December 15, 1988. He said the
developer has been asked to provide an extension to the
warranty bond for the corrections so that the City did
not have to call the bond.
Mayor Abramowitz said he was concerned with the amount of
time staff took on these matters without the developer
paying for the excess time. He said this matter had to
be addressed in the future.
VOTE:
ALL VOTED AYE
Mayor Abramowitz announced that Item 12, Public Hearing
was properly advertised.
Page 11
11/23/88
With no further business,
meeting at 10:30 A.M.
Mayor Abramowitz ADJOURNED this
V�r�� - j ry
//WIRMAN ABRAMOWITZ, MAYOR `
CA OL A. EVAN , CITY CLERK
"This public document was promulgated at a cost of'$125.10 or $3.48 per
copy to inform the general public, public officers and employees of
recent opinions and considerations of the City Council of the City of
Tamarac."
CITY OF TAMARAC
APPROVED AT MEETING OF 42 ,;?8' 8 $
d2 - �
City Clerk
Page 12
C