HomeMy WebLinkAbout1985-02-22 - City Commission Special Meeting Minutes4
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TAMARAC, FLORIDA 33320
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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.
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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.
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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.
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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.
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ATTEST: C�
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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
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