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HomeMy WebLinkAbout1985-02-22 - City Commission Special Meeting Minutes4 MAIL REPLY TO: P,O, BOX 25010 TAMARAC, FLORIDA 33320 5811 NORTHWEST 88TH AVENUE TAMARAC, FLORIDA 33321 TELEPHONE (305) 722-5900 February 21, 1985 NOTICE OF SPECIAL MEETING CITY COUNCIL OF TAMARAC, FLORIDA There will be a Special Meeting of the City Council on Friday, February 22, 1985, at 9:15 a.m., in the Council Chambers of City Hall, 5811 NW 88 Avenue, Tamarac, Florida. The purpose of the meeting is to authorize the City to exercise its right of eminent domain to take and acquire fee simple title to a parcel of land located on Tracts 25, 26, 30, 31 and 32 in Land Section 7, said land being approximately 45 acres and the access thereto for use as the Municipal "Sludge Farm" - Temp. Reso. #3546. This proposed action is in connection with Case No. 83-13334-DF, City of Tamarac vs. Richard C. Jones, Leadership Housing, Inc., and others. The public is encouraged to attend. aA4,0-� 4�F Carol E. Barbuto Assistant City Clerk Pursuant toSection 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 will need a record of the proceedings and for such purpose, he may need to ensure that a verbatim record includes the testimony and evidence upon which the appeal is to be based. AN EQUAL OPPORTUNITY EMPLOYER POLICY OF NONDISCRIMINATION ON THE BASIS OF HANDICAPPED STATUS CITY OF TAMARAC, FLORIDA SPECIAL CITY COUNCIL MEETING FEBRUARY 22, 1985 Tape CALL TO ORDER: V/M Stein called the meeting to order on 1 Friday, February 22, 1985 at 9:15 A.M. in the Council Chambers of City Hall. ROLL CALL: PRESENT: Vice Mayor Sydney D1. Stein Councilman Jack Stelzer Councilman Raymond J. Munitz Councilman Allan C. Bernstein ABSENT AND EXCUSED: Mayor Philip B. Kravitz ALSO PRESENT:Elly F. Johnson, City Manager Jon M. Henning, City Attorney Roslyn Brauner, Secretary V/M Stein read the Notice of the Special Meeting into the record. MEDITATION AND PLEDGE: V/M Stein called for a Moment of Silent Meditation, followed by the Pledge of Allegiance. 1. Temp. Reso. #3546 - Authorizing the City to exercise its right of eminent domain to take and acquire fee simple title to a parcel of land .located on Tracts 25, 26, 30, 31 and 32 in Land Section 7, said land being approximately 45 acres, and the access thereto,for use as the Municipal "Sludge Farm". SYNOPSIS OF ACTION: APPROVED City Attorney Jon Henning read Temp. Reso.#3546 by title, and said this meeting was called because there is a need to revise the petition for condemnation. He said the City is now in court for a condemnation proceeding for a three year lease for a parcel of land which is approximately 35 acres. This parcel is presently the "Sludge Farm" and an access easement thereto. Mr. Henning showed a sketch on the blackboard of Land Section 7 divided in quarters, and said the southeast quarter is the section referred to, and the dashed line represents the approximate present location of the "Sludge Farm". Mr. Henning further explained that there are two purposes of this Resolution to make an amendment to the law suit. The changes are that instead of a three year condemnation of a lease, the City is asking for fee simple, which is the legal term for ownership forever. Secondly, the City is changing the land location, as shown by the shaded area on the sketch, which indicates an overlap. The amount of acres is being changed from approximately 35 acres to 45 acres, and Council is aware of the negotiations with Leadership Housing to purchase the 45 acre shaded site. He said a diagram was presented to Council one or two meetings ago, giving a description of this land. City Attorney Henning said it had been hoped the case would be settled and the land acquired before March 1 as that was the deadline for certain papers in Tallahassee. However, as he feels the City is 98% close to settlement, it is necessary to revise the condemnation law suit in order that the settlement can be signed off by Council in a form that is acceptable to accompany the grant papers in Tallahassee by March 1. Mr. Henning said he is optimistic the City will be able to settle this law suit, but a proper law suit needs to be on file in the court system as evidence of the City's intention to acquire this land; and the second alternative to having the actual title to the land, is to have this proper law suit filed. This case will be before the judge on Wednesday of next week, and the purpose of today's meeting is to authorize the attorneys to make these changes. This is being done at the proper time so the other attorneys can prepare for Wednesday's hearing. -1` 2/22/85 /rb C/M Munitz inquired about the location of Hiatus Road; and Mr. Henning advised that this is a road which comes up from the City of Sunrise across Commercial Boulevard. He said at the south side of the 45 acre tract will be an exit road to Nob Hill Road,and Hiatus Road comes up from the south and intersects with the east/west exit road and will then continue north, as shown in the diagram. C/M Munitz asked about the proposed canal; and Mr. Henning said originally there was to be a canal, a berm and then some commercial property. He showed that area on the blackboard and said there is now 120 feet south of the mid -section line which will be a canal. He said there will be berms, walls and beautification south of the canal. Mr. Hennina saiH Mr. Rubin advised there will be 300 feet or 500 feet, but the canal was subsequently moved down further to make sure there is an adequate buffer from the north, where there are existing residences. There is now one-half mile, which is probably three times what was originally planned, but still with the 120 foot canal and the setbacks and berms. C/M Munitz said a question was asked about using the southwest corner instead of the southeast corner of the area. Mx. Henning explained that part of the southwest corner is being chopped up by the Sawgrass Expressway. There is then the flyover to Commercial Boulevard, which causes the loss of another portion of the corner. He said the land value is such that a certain premium is placed upon visibility from the Sawgrass Expressway. In addition, the City does not want to move the "Sludge Farm" for another year or so. When the "Sludge Farm" is dismantled, it will no longer be in existence as the City is considering going to dewatering or composting in lieu of the "Sludge Farm". The overlapping portion will still be used as the "Sludge Farm" until the sludge dewatering process is in place. Mr. Henning stated that the City has been using the "Sludge Farm" for about twelve years and there have been no complaints about odors or.things of that nature. The only concerns were from the environmental agencies that monitor it and permitted the City to continue it this length of time. C/M Stelzer said the Resolution does not indicate there will be 45 acres, and he feels the Resolution should contain a diagram similar to the one on the blackboard today. Mr. Henning said the 45 acres is mentioned in the title of the Resolution and also in the exhibit and this is all incorporated as one document. He said he feels there is nothing deficient about the way the Resolution is written. Ms. Alice Norian, resident, said there cannot be any complaints about odors in that area as there are no people there. However, she would like to know whether adequate research was done and careful thought given to locating the "Sludge Farm" recognizing the cost of having no residential on that side. Mr. Henning said as far as complaints are concerned, to the best of his knowledge, the residents of Isles of Tamarac have made no complaints about the "Sludge Farm". He said anyone who moves into the residential area of Land Section 7 will do so after whatever is built on the City site is in existence, and they will move in there with notice of the existing situation. In addition, by the time the buildings are ready to be occupied in the residential area in the north half of Land Section 7, the City anticipates the "Sludge Farm" will not be operational. The entire point of maintaining the present operation is because it is cost effective to continue it there for about eighteen months until the sludge dewatering composting operation is available. The permit will run out at that time so the system will have to be on line or the permit will have to be extended for a few more months. Mr. Henning said the land is forever but the "Sludge Farm" is not forever. The City wants the land so the other operations can be placed on it. -2- 2/22/85 /rb Ms. Norian said no mention was made about the cost; and Mr. Henning said originally $150,000. was estimated for rent for a three year lease. He said there are two basic aspects to condemnation. Firstly, there is public need, which the City feels it has exhibited. Secondly, there is the value of the land and obviously that is the biggest issue. That value has not yet been determined, but it would be fair to say the Council has already approved a settlement purchase of the 45 acres for just under one million dollars. That settlement is being pursued and perhaps in a month or so it will be resolved. Ms. Norian asked whether there is anything in the title to this property which would restrict or limit in any manner, the use to which the land may be put after it is no longer used as the "Sludge Farm". Mr. Henning said that is a little premature, as whether or not there will be any restrictions will come out when the case is finally settled. He said there will be other public meetings to discuss that. V/M Stein said Council is not discussing the purchase at this time. The condemnation is being amended to cover the 45 acres as there were only 35 acres previously and the description was different. The City is now amending that in Court to comply with Tallahassee's requirements. Mr. Henning advised that if this is finalized by court action, the City would not have limitations on the use unless it is so stated in a settlement. If this goes straight through trial, the City would have the use of the land for municipal purposes forever. If a settlement is negotiated, that would be discussed later. Mr. David Silverglide, resident, said the Isles of Tamarac has not been disturbed by the "Sludge Farm" in its present form. The only concern is whether the expansion will in ark way affect the Isles of Tamarac in the future. He said this has not really been clarified. V/M Stein said before any steps are taken, there will be public hearings and engineers will be present to answer all questions. it He said composting is more advantageous than 45 acres of sludge. He said there is talk at this time about moving the entire complex to that location, but there is not yet an engineering report or any details, and it is the residents who will make the decision as to what the proper thing would be. City Manager Johnson stated that a report will be given at next Wednesday's Council meeting by the engineers regarding the relocation of the sewer plant. C/M Munitz MOVED to APPROVE Temp. Reso. #3546. SECONDED by C/M Stelzer. C/M Bernstein said he had previously abstained from voting on matters concerning Land Section 7. However, in this particular case, since it cannot enhance the value of his property on Nob Hill Road furth6r south, he will vote. VOTE: ALL VOTED AYE V/M Stein adjourned the meeting at 10:00 A.M. MA ATTEST: C� V C� A SISTANT CITY CLERK This document was promulgated at a cost of $33.83 or $1.35 per copy to inform the general public and public officers and employees about recent opinions and considerations by the City Council of the City of Tarps Y OF TAMARAC APPROVED AT MEETING OF — 3— r z 2/ s 5 /rb ..City (34 - J