Loading...
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 11 1 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_ Pag e 2 12/21/89-pw I 1 1 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 Page 4 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 Page 5 12/21/89-pw 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 Pag e 6 12/21/89-pw 1 1 1 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 Page 7 12/21/89-pw 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 fl Page 12 12/21/89-pw 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