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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