HomeMy WebLinkAbout1989-12-21 - City Commission Regular Meeting MinutesRECORD OF COUNCIL ACTIONS/DISCUSSION
CITY OF TAMARAC
CITY COUNCIL
REGULAR COUNCIL MEETING
THURSDAY, DECEMBER 21, 1989
CALL TO ORDER: 7:00 P.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.
CONSENT AGENDA
1. Items listed under Consent Agenda, Item 1, 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.
Building_�Department
a. MOTION TO ADOPT Temp. Reso. #5634 releasing a cash
performance bond in the amount of $2, 000.00 posted by
Transcapital Development Corporation to guarantee
completion of concrete pavers at Building 20, ON THE
GREENS, 7143-7153 Woodmont Way, Permit #88-967.
FINAL ACTION:
APPROVED.
City Clerk
RESOLUTION NO. R-89-318 PASSED.
b. MOTION TO APPROVE the minutes of the City Council regular
meeting of 11/08/89.
FINAL ACTION:
APPROVED.
C. MOTION TO APPROVE renewal
TAMARAC GARDENS FACILITY
distance requirement for
occupancy for a six-month
FINAL ACTION:
APPROVED.
of a model sales permit for
#1 and waiver of the 300-foot
issuance of certificates of
period from 1/27/90 to 7/27/90.
Page 1
12/21/89
City Clerk
d. MOTION TO APPROVE renewal of a permit for the use of a
model sales facility at another location (Kings Point
Professional Plaza) for ASHMONT for a six-month period from
1/27/90 to 7/27/90.
FINAL ACTION:
APPROVED.
e. MOTION TO APPROVE renewal of a model sales permit and
waiver of the-300-foot-distance requirement for issuance of
certificates of occupancy for THE LANDINGS ON CYPRESS
GREENS for a six-month period from 1/27/90 to 7/27/90.
FINAL ACTION:
APPROVED.
Community Development
f. MOTION TO APPROVE refund of the $300.00 filing fee paid by
Gulf Associates Control, Inc., for review of -a -revised site
plan by -the Plan Adjustment Committee for a pool heater
replacement at WESTWOOD COMMUNITY III as this matter was
handled administratively.
FINAL ACTION:
APPROVED.
g. MOTION TO ADOPT Temp. Reso. #5635 granting an extension to
the WOODMONT GARDENS site plan for a one-year period from
December 23, 1989.
FINAL ACTION:
APPROVED.
RESOLUTION NO. R-89-319 PASSED.
h. MOTION TO ADOPT Temp._Reso. #5645 approving a revised site
plan for FIRST UNION NATIONAL BANK reflecting addition to
the existing building at 7201 McNab Road.
FINAL ACTION:
APPROVED.
Council
RESOLUTION NO. R-89-320 PASSED.
i. MOTION TO ADOPT Temp. Reso. #5636 endorsing the
establishment of a restricted zone north of Port Everglades
Inlet to prohibit anchoring ships in the area which would
result in damage to the reefs.
FINAL ACTION:
APPROVED.
RESOLUTION NO. R-89-321 PASSED.
Engineering/Utilities
j. MOTION TO ADOPT Temp. Reso. #5625 accepting a 10-foot
utility easement offered by Ambassador Homes, Inc., across
a portion of Lots 54 and 72 of WOODMONT TRACT 47 to replace
an existing easement that is to be vacated.
FINAL ACTION:
APPROVED.
RESOLUTION NO. R-89-322 PASSED.
1
Page 2
12/21/89
k. 1. MOTION TO ADOPT Temp. Reso. #5637 releasing a cash
performance bond in the amount of $6,755.00 posted for
public improvements at the TBC EQUITIES project
subject to receipt of a one-year warranty bond in the
amount of $6,293.75.
2. MOTION TO ADOPT Tem . Reso.#5638 accepting a bill of
sale offered by C. Squared Corporation for the water
distribution and sewage collection system improvements
at the TBC EQUITIES project.
FINAL ACTION: RESOLUTION NO. R-89-323 PASSED.
APPROVED 1. & 2. RESOLUTION NO. R-89-324 PASSED.
1. 1. MOTION TO ADOPT Tem Reso. #5639 releasing
performance Letter of Credit NY-0489-30004378 in the
amount of $77,278.75 posted for the water distribution
system improvements at the FAIRFAX III project subject
to receipt of a one-year warranty bond in the amount
of $30,051.94.
2. MOTION TO ADOPT Temp. Reso. #5640 releasing
performance Letter of Credit NY-0489-30004379 in the
amount of $58,118.75 posted for the sewage collection
system improvements at the FAIRFAX III project subject
to receipt of a one-year warranty bond in the amount
of $25 , 422.71.
3. MOTION TO ADOPT Tem . Reso. #5641 accepting a bill of
sale offered by Lennar Homes, Inc., for the water
distribution and sewage collection system improvements
at the FAIRFAX III project.
FINAL ACTION: RESOLUTION
NO.
R-89-325
PASSED.
APPROVED 1. 2. & 3. RESOLUTION
NO.
R-89-326
PASSED.
RESOLUTION
NO.
R--89-327
PASSED.
m. 1. MOTION TO ADOPT Temp. Reso. #5642 releasing warranty
Letter of Credit #20301 in the amount of $11,634.25
posted for the water distribution system improvements
at the FAIRFAX I project.
2. MOTION TO ADOPT Temp. Reso. #5643 releasing warranty
Letter of Credit #20302 in the amount of $7,612.68
posted for the sewage collection system improvements
at the FAIRFAX I project.
FINAL ACTION:
APPROVED 1. & 2.
RESOLUTION NO. R-89-328 PASSED.
RESOLUTION NO. R-89-329 PASSED.
CONSIDERATIONS
Public Works Department
2. a. MOTION TO APPROVE Change Order #1 to the contract with
Man -Con, Incorporated, in the amount of $1,645.35 to
extend electrical service and poles for the Tamarac
Sports Complex construction project.
b. MOTION TO APPROVE final payment in the amount of
55,920.35 to Man -Con, Incorporated, for the Tamarac
Sports Complex construction project.
FINAL ACTION:
APPROVED a. & b.
Page 3
12/21/89
RESOLUTIONS
Community Development
3. MOTION TO ADOPT Temp. Reso. #5644 authorizing the
appropriate -City officials to execute a contract with the
Florida Department of Community Affairs accepting a grant
in the amount of $33,061.00 under the Local Government Land
Development Regulation Assistance Program.
FINAL ACTION: RESOLUTION NO. R-89-330 PASSED.
APPROVED.
ORDINANCES
PUBLIC HEARINGS - 7:30 P.M.
Community Development
4. PUBLIC HEARING - MOTION TO ADOPT Temp. Ord. #1463 on second
reading to provide for a development order for a
development of regional impact to be known as WESTPOINT and
to be located on approximately 158 acres bordered by the
Sawgrass Expressway to the west, Commercial Boulevard to
the south and Nob Hill Road to the east.
FINAL ACTION: ORDINANCE NO. 0-89-44 PASSED.
APPROVED on second reading. Public hearing was held.
5. PUBLIC HEARING - MOTIO14 TO ADOPT Temp_. Ord_.__#1468 on
second reading to amend Ordinance 0-89-23 concerning a
rezoning requested by FUNDAMENTAL HOPKINS EAST014 LTD. #11
for a 4-acre parcel at the southeast corner of VISUAL
GRAPHICS PARK at Commercial Boulevard `and NVJ 94 Avenue from
M-2 (Medium Industrial) to B-3 (General Business) to
provide for utilizing the 20% flexibility provision for
commercial uses in industrial land use area after the
adoption of the Tamarac Comprehensive Plan by the City
Council and the certification of the Comprehensive Plan by
the Broward County Planning Council. Petition #14-Z-89
FINAL ACTION: ORDINANCE NO. 0-89-45 PASSED.
APPROVED on second reading. Public hearing was held.
OPEN PUBLIC FORUM
6. 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.
REPORTS
7. City Council
8. City Manager
9. City Attorney
Page 4
12/21/89
1
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10. MOTION TO ADOPT Temp. Reso. #5646 authorizing the
appropriate City Officials to execute an Interlocal
agreement with Broward County regarding an Infrastructure
Sales Surtax.
FINAL ACTION:
APPROVED.
RESOLUTION NO. R-89-331 PASSED.
11. DISCUSSION AND POSSIBLE ACTION on the question of a full-
time Attorney for the City of Tamarac to be discussed at
the January 10, 1990 City Council Regular Meeting.
FINAL ACTION:
Discussion was held and this will be discussed at the
January 10, 1990 meeting.
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.
Patricia Marcurio
Acting City Clerk
Residential and Commercial Zoning Districts
A-1 - Limited Agricultural
B-1 - Neighborhood Business
B-2 -- Planned Community Business
13-3 - General Business
B-5 -- Limited Business Distract
B-6 - Business District
I-1 - Institutional
LI--1- Light Industrial
R-1 - Single Family Residence
R-1B &
R-1C- One Family Dwelling
R-2 -
Two Family Dwelling
R-3 -
Low Density Multiple
R-3U -
Row House
R--4A -
Planned Apartment
R-5 -
Motel/Hotel
RD-7 -
Two Family Dwelling
RM-5 -
Residential Multi -Family
RM-10-
Planned Apartment
5--1 -
Open Space/Recreational
T-1 -
Trailer Park
Page 5
12/21/89
1
CITY OF TAMARAC
CITY COUNCIL REGULAR MEETING
THURSDAY, DECEMBER 21, 1989
CALL TO ORDER: Mayor Abramowitz called this meeting to Order on
Thursday, December 21, 1989 at 7:00 P.M. in the Council Chambers.
MEDITATION AND PLEDGE OF ALLEGIANCE: Mayor Abramowitz called for the
Pledge of Allegian a followed by a Moment of Silent Meditation.
DDFCp"M.
ALSO PRESENT:
Mayor Norman Abramowitz
Vice Mayor Dr. H. Larry Bender
Councilman Bruce Hoffman
Councilman Henry Rohr
Councilman Jack Stelzer
John P. Kelly, City Manager
Richard Doody, City Attorney
Carol A. Evans, City Clerk
Pauline Walaszek, Special Services
Secretary
Mayor Abramowitz wished everyone a happy and healthy
Holiday Season and a Happy New Year.
AGENDIZED BY CONSENT
10. MOTION TO ADOPT Temp. Reso. #5646 authorizing the appro-
priate City offici`as to execute an agreement with Broward
County providing for distribution of the proceeds of the
Local Government Infrastructure Sales Surtax.
SYNOPSIS OF ACTION:
AGENDIZED by Consent.
(SEE PAGE 5 for Final Action)
City Manager Kelly asked that Temp. Reso. #5646 be Agendized
by Consent.
* C/M Hoffman MOVED to AGENDIZE Temp. Reso. #5646 by Consent,
* SECONDED by V/M Bender.
VOTE:
Building Department
ALL VOTED AYE
CONSENT AGENDA - ITEM 1 a. through m.
1. a. MOTION TO ADOPT Temp. Reso. #5634 releasing a cash
performance__Fond n the amount oT $2,000.00 posted by
Transcapital Development Corporation to guarantee
completion of concrete pavers at Building 20, ON THE
GREENS, 7143-7153 Woodmont Way, Permit #88-967.
SYNOPSIS OF ACTION:
APPROVED.
RESOLUTION NO. R-89-318 - PASSED
Page 1
12/21/89-pw
City Clerk
b. MOTION TO APPROVE the minutes of the City Council
regularmeeting of 11/08/89.
SYNOPSIS OF ACTION:
APPROVED.
c. MOTION TO APPROVE renewal of a model sales permit
oar �TAMARAC GARDENS FACILITY #1 and waiver of the 300-foot
distance requirement for issuance of certificates of
occupancy for a six-month period from 1/27/90 to 7/27/90.
SYNOPSIS OF ACTION:
APPROVED.
d. MOTION TO APPROVE renewal of a permit for the use of
a model sa e�cility at another location (Kings Point
Professional Plaza) for ASHMONT for a six-month period
from 1/27/90 to 7/27/90.
SYNOPSIS OF ACTION:
APPROVED.
e. MOTION TO APPROVE renewal of a model sales permit
and waiver of the 300-foot distance requirement for issuance
of certificates of occupancy for THE LANDINGS ON CYPRESS
GREENS for a six-month period from 1/27/90 to 7/27/90.
SYNOPSIS OF ACTION:
APPROVED.
Community Development
f. MOTION TO APPROVE refund of the $300.00 filing fee
pa di by Gulf Associates Control, Inc., for review of a
revised site plan by the Plan Adjustment Committee for
a pool heater replacement at WESTWOOD COMMUNITY III as
this matter was handled administratively.
SYNOPSIS OF ACTION:
APPROVED.
g. MOTION TO ADOPT Temp. Reso. #5635 granting an extension
to the WOODMONT GARDENS s to plan for a one-year period
from December 23, 1989.
SYNOPSIS OF ACTION:
APPROVED.
RESOLUTION NO. R-89-319 - PASSED
h. MOTION TO ADOPT Temp. Reso. #5645 approving a revised
s�.te plan for FIRST UNION NATIONAL BANK reflecting addition
to the existing building at 7201 McNab Road.
SYNOPSIS OF ACTION:
APPROVED.
RESOLUTION NO. R-89-320 - PASSED
L_
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12/21/89-pw
I
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Council
i. MOTION TO ADOPT TemE. Reso. #5636 endorsing the establishment
of a re's_tricted zone north o�Poirt Everglades Inlet to
prohibit anchoring ships in the area which would result
in damage to the reefs.
SYNOPSIS OF ACTION:
APPROVED.
Engineering/Utilities
RESOLUTION NO. R-89-321 - PASSED
j. MOTION TO ADOPT Temp. Reso. #5625 accepting a 10-foot
utility easement offered by Ambassador Homes, Inc., across
a portion of Lots 54 and 72 of WOODMONT TRACT 47 to replace
an existing easement that is to be vacated.
SYNOPSIS OF ACTION:
APPROVED.
RESOLUTION NO. R-89-322 w- PASSED
k. 1. MOTION TO ADOPT Temp. Reso. #5637 releasing a cash
performance bond in the amount of $6,755.00 posted for
public improvements at the TBC EQUITIES project subject
to receipt of a one --year warranty bond in the amount of
$6,293.75.
2. MOTION TO ADOPT Temp. Reso. #5638 accepting a bill
of sale offered by C. Squared Corporation for the water
distribution and sewage collection system improvements
at the TBC EQUITIES project.
SYNOPSIS OF ACTION:
APPROVED 1. and 2.
RESOLUTION NO. R-89--323 - PASSED
RESOLUTION NO. R-89-324 - PASSED
1. 1. MOTION TO ADOPT Temp Reso. #5639 releasing
performance Letter of Credit #NY-0489-30004378 in the
amount of $77,278.75 posted for the water distribution
system improvements at the FAIRFAX III project subject
to receipt of a one-year warranty bond in the amount of
$30,051.94.
2. MOTION TO ADOPT Temp. Reso. #5640 releasing
performance Letter of Credit #NY-0489-30004379 in the
amount of $58,118.75 posted for the sewage collection
system improvements at the FAIRFAX III project subject
to receipt of a one-year warranty bond in the amount of
$25,422.71.
3. MOTION TO ADOPT Temp. Reso. 15641 accepting a bill
of sale of end by Lennar Homes, Inc., for the water
distribution and sewage collection system improvements
at the FAIRFAX III project.
SYNOPSIS OF ACTION: RESOLUTION NO. R-89-325 -- PASSED
APPROVED 1., 2. and 3. RESOLUTION NO. R-89-326 - PASSED
RESOLUTION NO. R-89-327 - PASSED
m. 1. MOTION TO ADOPT Temp. Reso. #5642 releasing warranty
Letter or Credit #20301 n tfe 'amount of $11,634.25
posted for the water distribution system improvements
Page 3
12/21/89-pw
at the FAIRFAX I project.
2. MOTION TO ADOPT Temp. Reso. #5643 releasing warranty
Letter oT Cr�xt 20302i in t5e amount of $7,612.68
posted for the sewage collection system improvements
at the FAIRFAX I project.
SYNOPSIS OF ACTION: RESOLUTION NO. R-89-328 - PASSED
APPROVED 1. and 2. RESOLUTION NO. R-89-329 - PASSED
* V/M Sender MOVED to APPROVE Consent Agenda Item 1 a. through
* m., SECONDED by C/M Hoffman.
VOTE: ALL VOTED AYE
CONSIDERATIONS
Public Works Department
2. a. MOTION TO APPROVE Change Order #1 to the contract with
Man -Con, Incorporated, in the amount of $1,645.35 to
extend electrical service and poles for the Tamarac
Sports Complex construction project.
b. MOTION TO APPROVE final payment in the amount of
55,920.35 to Man -Con, Incorporated, for the Tamarac
Sports Complex construction project.
SYNOPSIS OF ACTION:
APPROVED a. and b.
*
*
a. V/M Bender MOVED to APPROVE Item 2 a., SECONDED by C/M Hoffman.
City Manager Kelly said Item 2 a., was the first and only
Change Order on the project. He said it was necessary to
extend the electrical service and he recommended
approval.
Mayor Abramowitz said it was very unusual to have only
one Change Order and he congratulated staff for this
accomplishment.
VOTE:
ALL VOTED AYE
b. V/M Bender MOVED to APPROVE Item 2 b., SECONDED by C/M Hoffman.
City Manager Kelly said this project was very large and
Man Con, Incorporated, worked very well with staff. He
said he asked that the Departments provide evaluations of
the companies that do projects and the evaluation for
this project was excellent. He said the evaluations are
kept on file to inform staff of the companies' ability
for future projects. He recommended approval of the
final payment to Man Con, Incorporated.
Mayor Abramowitz said the Tamarac Athletic Federation
(TAF) was extremely pleased with the outcome of this
project.
VOTE:
ALL VOTED AYE
Cl
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12/21/89-pw
RESOLUTIONS
Community Development
3. MOTION TO ADOPT Te-Reso. #5644 authorizing the
appropriate C ty officials to execute a contract with the
Florida Department of Community Affairs accepting a grant
in the amount of $33,061.00 under the Local Government Land
Development Regulation Assistance Program.
MOTION TO AUTHORIZE RESOLUTION NO. R-89-330 -'PASSED
APPROVED.
City Attorney Doody read Temp. Reso. #5644 by title.
* V/M Bender MOVED to APPROVE Temp. Reso. #5644, SECONDED by
* C/M Hoffman.
Kelly Carpenter -Craft, Director of Community Development,
said this request was for a grant in the amount of
$33,061.00 from the Florida Department of Community
Affairs. She said the grant would be used to pay
consultants, Robert K. Swarthout, Inc., and Seimon,
Larson & Purdy, who were firms assisting the City in the
revamping of the Land Development Code as .required under
the Growth Management Act, Chapter 163. She recommended
approval of this Item.
VOTE:
ALL VOTED AYE
AGENDIZED BY CONSENT
10. MOTION TO ADOPT Temp. Reso. #5646 authorizing the appro-
priate City�icials to execute an agreement with Broward
County providing for distribution of the proceeds of the
Local Government Infrastructure Sales Surtax.
SYNOPSIS OF ACTION: RESOLUTION NO. R-89--331 - PASSED
AGENDIZED by Consent on Page 1.
APPROVED.
City Attorney Doody read Temp. Reso. #5646 by title.
* V/M Bender MOVED to APPROVE Temp. Reso. #5646, SECONDED by
* C/M Hoffman.
City Manager Kelly said there was a Referendum proposed
by Broward County for the March, 1990 Election. He said
the people would be voting whether or not to approve the
proposed $.01 additional sales tax to be used for
infrastructure improvements. He said regardless of
whether the proposal was approved, the purpose of the
interlocal agreement was to provide for the distribution
of the monies that may be derived from it.
City Manager Kelly said the interlocal agreement
indicated that, if the proposal was approved, the Cities
would share the monies from the tax based on each Cities'
population. He said the Cities that did not approve the
interlocal agreement would not participate in the
funding.
City Manager Kelly said the City population to date was
estimated to be 43,001 and based on this figure, the City
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would receive approximately $2,378,448.00 in the first
year. He said assuming a 7% per year growth factor, the
total of $52,000,709,196.00 was estimated to be received
over a 15 year period. He said the figures could change
due to economic conditions; however, these projections
were being used. He said these funds would be used to
build various facilities and purchase capital equipment
in the City.
City Manager Kelly said it was important that the City
Council approve the interlocal agreement to insure that
the City would receive the monies from the $.01
additional sales tax if it was approved.
C/M Hoffman said he understood that by approving the
Resolution, the City Council was not taking the position
to approve or deny the proposed sales tax; however, the
City Council was stating by approving the Resolution that
if the proposed sales tax was approved by the voters,
Tamarac wanted their share. City Manager Kelly agreed.
Mayor Abramowitz said the letter from the County stated,
"while this interlocal agreement does not constitute an
endorsement of the surtax by your municipality, we
certainly hope to have your support as we take this issue
to the voters".
Mayor Abramowitz said the Tamarac Comprehensive Land Use
Plan, which would be the bible of the City of Tamarac
once it was accepted, indicated that the infrastructure
costs required in the City would be $75,693,848.00. He
said this cost was mandated and the approval of this
Resolution was only asking that the monies from the sales
tax, if approved, be allocated to the various Cities.
VOTE:
REPORTS
7. CITY COUNCIL REPORTS
ALL VOTED AYE
C/M Stelzer said there was a restriction on the water
usage nx usage County. He said most of the information
was not reported properly; therefore, he would like to
add to this information. He said originally the
newspapers indicated that the lawns could be sprinkled
from 4:00 A.M. to 8:00 A.M.; however, this was for
private homes or areas with less than 5 acres. He said
the areas with more than 5 acres of coverage had from
12:01 A.M. to 8:00 A.M. for sprinkling. He said
waterfalls were not to allowed to be operated; however,
the airrater could be used for the fish and fresh water.
He said if there were variations needed, there was a form
in the Building Department that was to be filled out by
those people that needed a waiver of the water
conservation regulations. He said if the people
continued doing things that were not allowed without
making application with the City, the Broward Sheriff's
Office would submit a warning notice and any violations
thereafter, would be cited. He said no water could be
used for sprinkling on Fridays. He said most of the
surrounding Cities were seeing that the regulations were
complied with.
Bernard Hart, Resident, said there were sprinklers
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operating on University Drive at 12:00 P.M. today.
C/M Stelzer said there were complaints about this matter
and the County and State roads have not been conforming;
however, the South Florida Water Management District were
seeing that there was compliance. He said by January 15,
1990, citations would be issued to those people that were
not complying.
(SEE BELOW for further Reports)
OPEN PUBLIC FORUM
6. OPEN PUBLIC FORUM
Bernard Hart, Resident, said three years ago, he was
working with the previous City Attorney, Bryant
Applegate, on Charter amendments. He said Mr. Applegate
informed him that the City Attorney provision should not
be placed in the Charter because, as the City approached
buildout, the City would not need a full time City
Attorney. He said the surrounding Cities were
functioning with a part-time attorney. He said due to
the fact that City Attorney Doody was resigning, Section
11.01 of the City Charter should be placed on Referendum
in March, 1990, for the elimination of the Section.
Mayor Abramowitz said the City was presently having a
comprehensive study of the Charter done. He said he
believed that there would be other amendments of the
Charter and, until the study was completed and
recommendations were made, the amendments could not be
acted upon.
Mr. Hart said the amendments may not be ready until the
fall elections; therefore, he suggested that this
amendment be placed on the ballot separately from the
other amendments. He said this would allow the City
Council to act now while there was no City Attorney.
Florence Bochenek, Resident, asked if she should discuss
the changes in Land Section 7 or wait until the Item was
._1_E• City Council.
`iayor Abramowitz said there would be a public hearing on
this matter and the residents could express their
concerns at that time.
REPORTS
7. CITY COUNCIL REPORTS
C/M Rohr wished everyone a healthy and happy New Year.
He said after the first of the year, he would have the
honor to ride in two garbage trucks, one in Coral Springs
and the other in Oakland Park.
C/M Hoffman - No Report.
V/M Bender wished everyone a healthy and happy New Year.
He said hopefully, harmony would continue in the City.
Mayor Abramowitz -- No Report.
8. CITY MANAGER REPORT
City Manager Kelly said the position for the City Attorney
would be advertised within the next week as per Charter
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requirements.
Mayor Abramowitz announced that the ground breaking
ceremony for the Multi -Purpose Center was very nice. He
said a Representative from Tallahassee stated that the
City's ground breaking ceremony had a lot of warmth and
friendship and he was very impressed.
V/M Bender said he received a memorandum indicating that
the ground breaking ceremonies would be shown on Channel
19 on Friday, December 22, 1989 at 6:30 P.M. and Sunday,
December 24, 1989 at 6:00 P.M.
9. CITY ATTORNEY REPORT
City Attorney Doody wished everyone Happy Holidays.
At 7:25 P.M., Mayor Abramowitz RECESSED this meeting and
RECONVENED at 7:32 P.M. with ALL PRESENT.
ORDINANCES
PUBLIC HEARING - 7:30 P.M.
Community Development
4. PUBLIC HEARING - MOTION TO ADOPT Temp. Ord #1463
on second reading to provide for a development order for a
development of regional impact to be known as WESTPOINT and
to be located on approximately 158 acres bordered by the
Sawgrass Expressway to the west, Commercial Boulevard to
the south and Nob Hill Road to the east.
SYNOPSIS OF ACTION: ORDINANCE NO. 0-89-44 - PASSED
Public Hearear Twas held.
APPROVED on second reading.
City Attorney Doody read Temp. Ord. #1463 by title.
* V/M Bender MOVED to APPROVE Temp. Ord. #1463 on second reading,
* SECONDED by C/M Rohr.
Kelly Carpenter -Craft, Director of Community Development,
said the project name would be changed from "Westport" to
"Westpoint" and the Agenda and documents would be changed
accordingly. She said the City Council would be
considering an Ordinance which was specifically a
development order that spelled out the responsibilities
of the developer, the City of Tamarac and other agencies
of the regional and State Government.
Mrs. Carpenter -Craft said the project was located between
Nob Hill Road on the east and Sawgrass Expressway on the
west in Land Section 7, north of Commercial Boulevard and
south of the half section line. She said the project
was explained in detail by the applicant at the December
6, 1989 City Council meeting. She said she did not
intend to repeat the details of the project at this time.
She said the applicant's agents were present and could
discuss the specifics of the project if required.
Mrs. Carpenter -Craft said the land uses proposed in the
Development of Regional Impact (DRI) complied with the
City and County Land Use Plans. She said it was
fl
Page 8
12/21/89-pw
mentioned at the last City Council meeting that there
were areas that were not resolved; however, since then,
the areas of dispute were resolved and the Ordinance
reflected all of those resolutions. She said there were
two changes in the Ordinance as follows:
Page 12, Item P(2), second sentence, a new paragraph would
be started at the words, "Nothing contained herein..."
Page 14, Item T, third line up from U, "too" should be
"to" .
Mrs. Carpenter -Craft said the applicant paid all of the
fees required and the zoning applications to zone
properties in compliance with the Land Use and Master
Plans were in progress. She said these Plans would be
heard by the Planning Commission on January 17, 1990.
She said the applicant submitted a letter concerning
certain agreements and City Manager Kelly would read this
letter into the record.
City Manager Kelly said this property and the property
owned by the City contained a Jones Agreement which
included certain stipulations; however, there were
changes to these stipulations and he read the letter
submitted to the City by the Petitioner into the record
(SEE ATTACHMENT).
City Manager Kelly said the stipulations indicated that
if the City sold any of their property, the Petitioner
could buy it back at $20,937.50 per acre. He said the
Petitioner was waiving this stipulation by indicating
that he would buy the property back by paying the cost of
the property value at the time the City was willing to
sell. He said the Petitioner had the right to review the
site plans for any City project on that parcel of land to
protect the Petitioner's interest in his property.
City Manager Kelly said the Petitioner would continue
this right and would be reviewing this matter if the City
sold the property. He said the Petitioner would place a
road through the property and Hiatus Road would be a four
lane roadway. He said the City would not have to
participate in the cost of the roads; however, if the
City sold the land, the buyer would be responsible for
paying the pro-rata share of the costs of the roadways.
Mayor Abramowitz Opened the Public Hearing.
Harold Newman, Resident, said he was happy to see these
projects beginning. He said the newspapers reported that
the City officials were counting on the projects to
broaden the City's tax base because it would deposit more
than 2 million dollars per year in the City's budget. He
asked how this amount was determined and when the money
would be available.
Mayor Abramowitz said for the last 7 years, he has been
hearing about the funds that would be generated by Land
Section 7; however, he has not seen those funds. He
asked Mrs. Carpenter -Craft to respond to Mr. Newman's
questions.
Mrs. Carpenter --Craft said as part of the Petitioner's
application for development approval, it was estimated
what the tax revenues to the City and County would be
over the projected life of the project. She said the
agents for the applicant were present to discuss the
Page 9
12/21/89-pw
TAPE 2
origin of this estimate.
Mr. Newman said the newspaper indicated that the revenue
would be large and the residents would not have to pay
much. He said it may be wrong to build up the residents'
hopes in this way.
Mayor Abramowitz said Mr. Gallowitz, Petitioner, called
from Chicago, Illinois, and apologized for not being able
to attend the meeting. He said Mr. Gallowitz stated that
he had an inquiry from a company that was interested in
the property.
Bernard Hart, Resident, said he was pleased to see that
this development was finally occurring. He said Mr.
Gallowitz has always assisted the City and he hoped that
the hotel plans continued because a hotel was needed in
the City.
Anthony Grimaldi, Resident, said he did not feel that it
was right for the Petitioner to monitor the City's
intentions. He asked if the City was giving away their
rights to this Petitioner.
City Manager Kelly said the Petitioner already had this
right with the previous agreement and was continuing this
right.
C/M Hoffman said originally the City did not make a good
deal with this property. He said the original deal was
that if the City did not use the property for its own
purposes, the Petitioner not only had the right to review
the site plan, but buy the land back for the amount for
which he sold it to the City. He said the land was worth
more today than when it was sold to the City. He said
the Petitioner was generous in allowing the land to be
sold at the current price. He said the agreement being
questioned was approximately 6 or more years old and
several people felt it was a bad deal; however, the
agreement has been amended in the City's favor.
Mr. Grimaldi said he felt that this was opening a
Pandora's box for future developers.
C/M Hoffman said if the City could go back to the past,
maybe a different contract could be written; however,
this could not be done and the City had to live with a
contract written at that time. He said the Petitioner
was very generous in allowing the City to get market
value for its property.
Mr. Grimaldi said as a previous Planning Commissioner, he
did not feel that any developer should be able to take
the rights away from the City. He wished everyone a
happy and healthy Holiday.
C/M Rohr said it seemed very logical for an owner with
158 acres to be concerned with the outcome of the
neighboring properties 7 acres. He said the Petitioner
was concerned with the effect to his acreage and he felt
that this agreement was in the best interest of the City.
Mayor Abramowitz said as of 2:30 P.M., the deal was not
completed and he thanked Mrs. Carpenter -Craft for her
work and concern for the City. He said the acreage
presently owned by the City was worth approximately
$200,000.00 per acre. He congratulated Mrs.
Page 10
12/21/89-pw
1
1
Carpenter -Craft for doing such a great job.
Mayor Abramowitz Closed the Public Hearing with no
further response.
VOTE:
ALL VOTED AYE
Mayor Abramowitz asked if the amendments to the Ordinance
should be included in the Motion and City Attorney Doody
said the record reflected the amendments; however, the
City Council was to be informed that the amendments was
being made.
Mayor Abramowitz said the record should indicate that the
typographical errors stated by Mrs. Carpenter -Craft were
to be included in the Motion. The City Council AGREED to
these amendments.
5. PUBLIC HEARING - MOTION TO ADOPT Temp- Ord. #1468
on second reading to amend Or�c r'nance 0--89-23 concerning a
rezoning requested by FUNDAMENTAL HOPKINS EASTON LTD. #11,
for a 4-acre parcel at the southeast corner of VISUAL GRAPHICS
PARK at Commercial Boulevard and NW 94 Avenue from M-2
(Medium Industrial) to B-3 (General Business) to provide
for utilizing the 20% flexibility provision for commercial
uses in industrial land use area after the adoption of the
Tamarac Comprehensive Plan by the City Council and the
certification of the Comprehensive Plan by the Broward
County Planning Council. Petition #14-Z-89
SYNOPSIS OF ACTION: ORDINANCE NO. 0-89-45 - PASSED
Public Hr ear�ing was held.
APPROVED on second reading.
City Attorney Doody read Temp. Ord. #1468 by title.
* V/M Bender MOVED to APPROVE Temp. Ord. #1468 on second reading,
* SECONDED by C/M Hoffman.
Kelly Carpenter -Craft, Director of Community Development,
said this was a housekeeping amendment. She said when
the zoning Ordinance was previously before the City
Council, the Ordinance did not reflect the language
utilizing the 20% Flexibility provision for commercial
uses in an industrial land use area or the effective date
of the zoning to be after adoption or certification of
the Comprehensive Plan by Broward County. She
recommended approval of this amendment.
Mayor Abramowitz Opened and Closed the Public Hearing
with no response.
VOTE:
ALL VOTED AYE
11. DISCUSSION AND POSSIBLE ACTION on the question of a full-time
Attorney foF the City of Tamarac to be discussed at the January
10, 1990 City Council Regular Meeting.
SYNOPSIS OF ACTION:
DISCUSSION was held and this item will be
discussed at the January 10, 1990 City Council
meeting.
Mayor Abramowitz asked if the City Council members wanted
Page 11
12/21/89-pw
to make any other comments.
C/M Stelzer said there were several discussions regarding
the elimination of the City Attorney position from the
Charter. He suggested that the City Council discuss
their interest in this matter at the next City Council
meeting because the City would be able to save
approximately $100,000.00 per year by eliminating the
position. He said the Referendum items for the March,
1990 Elections had to be submitted by January 15, 1990.
He asked if the City Council had an interest in
discussing this matter at the next City Council meeting.
Mayor Abramowitz said unfortunately, it seemed that more
than a full time attorney was needed in the City. He
said he saw other Cities using an outside attorney and he
would like the option of having the Governing Body making
the decision as to whether or not to have an In-house
Attorney. He said he did not have the opportunity to
review this matter and, because it was an important
issue, he would like the opportunity to review it
further.
C/M Rohr said it would be better to change the Charter by
allowing the City to have the choice in having an
In-house Attorney. He said the Charter presently
required the City to have a full-time In-house Attorney.
C/M Hoffman said he would like to see the requirement for
an In-house Attorney removed from the Charter as well as
other things. He said he felt it was in the City's best
interest to have a full-time In-house Attorney. He said
the City Council should have the flexibility to decide if
an In-house Attorney was needed. He said the City needed
an In-house Attorney because of the amount of litigation
in the City.
V/M Bender said there were statements about the City
being nearly built out; however, there was planning for
rehabilitation of the City and an Attorney would be
needed for the projects. He said he has not reviewed the
matter thoroughly and he would like to discuss this
matter in the future.
* C/M Stelzer MOVED to DISCUSS the need for the provision in
* the City Charter of having an In-house Attorney, SECONDED by
* C/M Rohr.
C/M Hoffman said he approved of this Motion; however, the
City should continue with advertising for a future City
Attorney.
Mayor Abramowitz said this would be done because it was
mandated by the City Charter.
VOTE:
ALL VOTED AYE
City Attorney Doody said he would not draft anything at
the City Council's request; however, if the City Council
wanted a Referendum placed on the March, 1990 Ballot, it
had to be done by January 20, 1990.
C/M Rohr said he suggested that City Attorney Doody
contact the placement office at Nova University for the
City Attorney position. He said there were attorneys that
had the experience and registered with Nova University
for placement.
1
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r--
1
City Attorney Doody said the City Clerk pointed out that
in order to place a Referendum on the Ballot, it had to
be approved by Ordinance which would require two
readings.
C/M Hoffman suggested that the City advertise for the
City Attorney position as prescribed by the Charter.
-----------------------------------------------------------------
Florence Bochenek asked when the usage of Land Section 7
would be discussed and Mayor Abramowitz said when plans
were available, there would be a public hearing held;
however, nothing has been submitted at this time.
Mrs. Bochenek said the residents were not informed of the
matters until a day or two before the City Council
meetings and Mayor Abramowitz said the City Council could
not discuss anything about the northern portion of Land
Section 7 because it was not before the City Council.
With no further business, Mayor Abramowitz ADJOURNED this
meeting at 8:15 P.M.
ERK
"This public document was promulgated at a cost of $96.20 or $12.03 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."
CrfY OF TAMARAC
APPROVED AT MEETING OF
J
City Clerk
Page 13
RCV BY:Ruden Barnett MCCloeky;12-21-88 ; 8:02PM
ATTACHMENT 1
PRITZKER ANR PRITZKER
RCM WEST ■ ^01SON *rhCer
SUITE AS00
C N I CAOQ, 11. 00606-3414
(Alai 720-0400
rELM 070•*7e PnIrCCM CMOC
TVACOPldh 7aG-&&d&F
Dlsecember.21, 1989
Mr. John Kelly
City Manager
City of Tamarac
7525 N.W. 88th Avenue
Tamarac, Florida 33321
CHICAQO-s Ft, Lauderdale;# 2
Page 1 of 3
Item 4 - Westpoint
12/21/89 Council Mtg.
RE: First Right of Refusal to PurahaSe City Property/South
Halt 29 Land ec
Dear John:
This letter is written to memoralize discussions we have
had, at the request of the City, with regard to cartain "first
right of refusal" provisions contained in Paragraph 10 of the
Amended Stippulated Settlement Agreement and order (Settlement
Agreement) in agrms,_et al,, Case
No. 83-13334 DF Broward county Circuit Court.
Paragraph 10A. of the Settlement Agreement specifies that:
Should the City determine in the future that any
portion of the Property [17.5 acre City parcel located
in south half Land Section 7] is no longer needed for
municipal, purposen and offers the property for sale, or
obtains a bona fide offer to purchase, then and in that
event, the city shall be required to so advise
Defendant [Richard C. Jones] in writing, and the
Defendant shall have a sixty (60) day first right of
refusal to purchase the Property or any portion thereof
at the lesser of, the per acre price of any such offer
to purchase or the purchase price of Twenty Thousand
Nine Hundred Thirty -Seven and 50/100 Dollars
($200937.50) per acre, which per acre price of Twenty
Thousand Nine Hundred Thirty -Seven and 50/100 Dollars
($20,937.50) shall be increased in the same proportion
as any increase in the "Revised Consumer Price Index
for Urban Wage Earners and Clerical Workers - U.S. city
Averages - All Items,, (1967 - 100), prepared by the
Bureau of Labor Statistics of the U.S. Department of
Labor.
1
[1
1
rj
RCV BY:Ruden Barnett McCloeky;12-21-88 ; 8:03PM
Mr. John
Page 2
December
Belly
21, 1989
CHICAGO-* Ft, Lauderdale+8 3
ATTACHMENT 1 Page 2 of 3
Item 4 - Westpoint
12/21/89 Council Mtg.
As an authorized representative of the designated defendant
in the Settlement Agreement, Richard C. Jones ("Defendant"), and
the President of Madison Realty Managers, Inc., the developer of
the Westpoint Development of Regional conditions of the
Defendant`s first right of refusal pursuant to the Settlement
Agreement. It is my intention to enter into a formal agreement
with the City reflecting these revisions as soon as possible.
Essentially, the revisions consist of the deletion of the
Defendant's right to purchase the property, or portion thereof,
at a lesser price than a prospective purchaser's offer. with the
exception of the deletion of the right to purchase the property,
or portion thereof, at a lesser price than the prospective
purchaser's offer, all terms and conditions of the Settlement
Agreements shall remain in full force and effect.
A sample of the revised Paragraph 1OA. is as follows:
Should the City determine in the future that any
Portion of the property [17.5 sore City parcel located
in south half of Land Section 7] is no longer needed
for municipal purposes and offers the Property for
sale, or obtains a bona fide offer to purchase, then
and in that event, the City shall, be required to so
advise Defendant [Richard C. Jones] in writing, and the
Defendant shall have a oixty (go) day first right of
refusal to purchase the Property of any portion
thereof, tha per acre price of any such offer to
purchase.
Two additional conditions .as a result of the revision to the
first right of refusal 'contained in the Settlement Agreement
shall be that if the Defendant elects not to eexercise the first
right of'refusal, then in that avent, the City snail include as
conditions of the. purchase and sale agreement, the requirement
that the purchaser shall pay, at the time of closing, to the
developer of the Westpoint oRl its prorata share of the cost of
the design and construction of Hiatus Road (4 lanes) from
Commercial Boulevard to the canal and shall also require the
purchaser to obtain written apprnvril frnin this r]fatroln-per, which
-.shall not be unreasonably withheld, of any proposed site plan for
development of the property or portion thereof, prior to
submittal of a site plan to the City for approval.
RCV BY:Ruden Barnett MCCloeKy;12-21-88 ; 6:04PM ;
ATTACHMENT 1
Mr. John Kelly
Page 3
December 21, 1909
CHICA004 Ft, Lauderdale;# 4
Page 3 of 3
Item 4 - Westpoint
12/21/89 Council Mtg.
It has been a pleasure working with you and the various
representatives of the City and I look forward to executing a
formal document evidencing what it expressed in this letter.
RHG/ in
0.
Sin rely, / 11%,
. WP66villlt
on*
H. G owich
I