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HomeMy WebLinkAbout1983-03-03 - City Commission Special Meeting Minutes7-71 MAIL REPLY TO: P�O. BOX 25010 TAMARAC. FLORIDA 33320 5811 NORTHWEST 88TH AVENUE 0 TAMARAC, FLORIDA 33321 TELEPHONE (305) 722-5900 NOTICE OF SPECIAL NEETING CITY COUNCIT - TAMARAC, FLORIDA March 1, 1983 There will be a Special Meeting of the City Council on Thursday, March 3, 1983 at 7:00 P.M. in the Council Chambers of City Hall, 5811 NW 88 Ave., Tamarac, Florida. The purpose of the meeting is discussion and possible action on a Resolution regarding low interest rate multi -family housing revenue bonds. The public is invited to attend. �-2, " � 2 Carol A. Evans Assistant City Clerk ;,!.-suant to Chapter 80-105 of Florida Law, Senate Bill No. 368: 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 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. CITY OF TAMARAC, FLORIDA CITY COUNCIL SPECIAL MEETIN March 3, 1983 TAPE #1 CALL TO ORDER: Mayor Walter W. Falck called the Special Meeting to er on Thursday, March 3, 1983, at 7:00 P.M. in the Council Chambers at City Hall. mayor Falck read the notice of the meeting into the record indicating the purpose of this meeting was to dis- cuss and possible action on a Resolution regarding low interest rate multi -family housing revenue bonds. ROLL CALL: PRESENT: Mayor Walter W. Falck Vice Mayor Helen Massaro Councilman Irving M. Disraelly Councilman Philip B. Kravitz Councilman David E. Krantz ALSO PRESENT: City Manager Laura Z. Stuurmans City Attorney Jon M. Henning City Clerk Marilyn Bertholf Secretary Sally Spiegel 1. Low Interest Rate Multi -Family Housin2 Revenue Bonds - Temp. Reso. #2626 - Discussion and possible action. SYNOPSIS OF ACTION: APPROVED subject to amendments. RESOLUTION NO. R-& -Yf_PASSED. Mayor Falck said the Broward County Commission will hold a public hearing on Tuesday, March 8, 1983, at 10:00 a.m., at the County Courthouse on Low -Cost Financing of Rental Housing Units, and expects some expression from the City of Tamarac prior to that hearing. Mayor Falck further stated that members of Council are aware of the citizens1concern regarding this matter and therefore notice of this meeting was provided in accordance with the City Code and is a legally constituted meeting. Mr. Henning, City Attorney, said he sent correspondence to the County Commission, with a copy to Mr. Tralins of Tralins & Potash, regarding the City's concern for postponement to a later County Commission meet- ing. However, Mr. Henning learned today that it would not be possible due to the determination of certain deadlines by the County Commission prior to March 8. Mr. Henning read three letters into the record from the law firm of Tralins and Potash: February 22, 1983 to Mayor Falck and Council; February 28, 1983 to Jon Henning and March 2, 1983 to Mayor Falck and Council. (Letters are on file in the City Clerk's office). Mr. Henning said he spoke to Mr. Tralins after Mayor Falck had initiated the procedure for tonight's meeting, acknowledging the 12-hour notice of meeting requirement. He said that based on the circumstances and the schedules of the County Commission, the Mayor considered the special circumstances and called this I . Meeting to accommodate the needs of Council and the community. C/M Krantz asked the City Attorney to explain the meaning of "ultra vires acts" which appeared in Mr. Tralins' letter to Mayor and Council. Mr. Henning said that it meant they were acts which were outside the scope or authority of the official or agent who is doing them; a legal term that refers to doing acts with no authority. Vice Mayor Massaro said she read the Resolution which Mr. Henning prepared, and is in agreement. 3/3/83 /ss Mayor Falck said he would call on people from the audience after Council had made their comments. He asked Mr. Henning to read the Resolution into the record, which he did. - C/M Disraelly said that on Page 1 of the Resolution, an addition- al "Whereas" was to be added: "At a public meeting and by many letters and phone calls, residents of areas throughout the City have expressed deep concern." Also, he said to add a new Section 4: "That the County Commission should consider the appeals of the citizens of Tamarac." C/M Kravitz said he was in accord with the Resolution and would like to Move the Adoption of Temp. Reso. #2626. Mayor Falck reminded C/M Kravitz that he was the one who asked that the public speak before any action was passed on the Resolution. C/M Kravitz made a Motion to Adopt Temp. Reso. #2626. The motion died for lack of a Second. Ed Gross, 6841 N.W. 81 Place, said he is a member of the Sunflower Heathgate Association, and asked that Carolyn Mascolo, President of the Sunflower Heathgate Association, speak first,in the Association's behalf. Bernie Hart, Chairman of Tamarac Presidents Council, said this issue was the most important in the City today. He said Mr. Toll was wrong in his accusation that it was a political issue and was being opposed on racial grounds is malicious, reprehensi- ble and false. Mr. Hart said he was not opposed to rental housing, but the locating of them in areas of single family homes that are predominately retirees or young people. He suggested rental hous- ing be located in such areas as 441, Lauderhill, Oakland Park, Lauderdale Lakes or Miramar. He asked whether the County can issue low -interest guaranteed bonds for the building of a condominium. Mr. Hart stipulated 20% of the apartments must be maintained for families whose income does not exceed $18,000, and the rents would range from $450 a month and up, whereas Mr. Toll's newspaper advertisement stated the rental to be $385 per month, which is con- tradictory. He said he would go to the County Commission's public hearing and hoped the audience would do likewise. Mr. Hart also asked for the Council's support by adopting and mailing the Resolu- tion to County Commission, and Council's appearance at the public hearing. Carolyn Mascolo, President Heathgate-Sunflower Association, said that school busing in her area affected their home values but they have overcome that situation, and now they are faced with the rental low-income housing project . She said she disagrees with the Broward County Commission who claim that this type of housing is sorely needed, especially in Tamarac. Mrs. Mascolo requested Council to do everything in their power to have the County Commission refuse this type of financing. She further stated that she did not think the Resolution would accomplish this. Mrs. Mascolo said she understood the County Commission is legally bound to give funds to developers who submit approved plans from the City, and she asked the City to discontinue this practice. She said the sign outside Mr. Toll's construction site reads; "Mission Lakes, a rental community." She then read, in part, from the contract on Page 3, which Mr. Toll will sign with the Housing Development Authority, which states they will issue multi -family housing bonds, and for 10 years it must remain rental housing. She further stated that the agreement calls for a low -interest bond to be given toward the construction of a rental complex; however, the City of Tamarac ap- proved site plans and permits for a condominium complex, which she requested the City to rescind as they are not being used for the purpose intended. Mrs. Mascolo requested Council to forward the Resolution in person to Broward County Commission. She further stated that Council knew about this project since November and gave approval in January without bringing it before the public for dis- cussion. She said that on February 9, she hand -delivered a letter to Council, requesting a Special Meeting, which was denied; and she was denied again on February 23. - 2 - 3/3/83 /ss L .1 E ___ I ion Henning questioned Mrs. Mascolo as to the January approval that she referred to. She said it was a letter from the Mayor on Janu- ary 26, 1983, to Mr. Ray Popkin, Director of Housing & Finance Authority,regarding rental housing, which she read into the record: III very much appreciate your letter of January 20 on the above sub ject. I am sure there is no problem with the Gene Toll Development, mission Lakes. Mr. Toll does not need site plan approval." Mr. Henning said the site plan approval was in 1980; Council review- ed it and approval was given based on the representations made. He said Mrs. Mascolo was asking the City Council to rescind the approv- al which was given 3 years ago. He further said that Mr. Tralins and the General Counsel office told him they too had been informed that the plan was for the building to be developed as a condominiumt and that Toll Development Corporation will be the sole owner of all the units, renting to the public for 10 years, and at the con- clusion of the commitment, it will be sold to individual unit owners. TAPE #2 Mr. Henning said the documents that were referred to are condominium documents. They were filed in 1980 and are on record in Broward County, and approved by the State. He further stated that as long as it was going to be built under these condominium documents, he has reviewed it and sees no conflict on what's being done. Toll Development is going ahead with their condominium. Carolyn Mascolo asked whether it would be an adult condominium. Mr. Henning replied, no -- children are not restricted. She said she was concerned about the impact it would have on parking. Mr. Henning said it was bein - g developed with approval beinq made on a 1980 parking ordinance, and the city is in the process of addressing the parking requirements for all housinq to the Planning Commission. The City Attorney told Mrs. Mascolo that Mr. Toll is entitled to the funding to build this complex under condominium documents, as long as he agrees to rent the apartments for 10 years. Jack Robinson said the Resolution should be adopted and sent to the Broward County Commission. He said they have supported Council in the past, and expect Council to support them in return. Bernie Hart said any condominium owner has the right to rent his apartments subject to the by-laws of that condominium, but it still remains a condominium. Therefore, if Mr. Toll buys all those apartments, he is a condominium owner, not a rental project. There- fore, he asked whether the County had authority to issue bonds for a condominium project, not a rental project. The City Attorney said the County is only approving it, and it is a Federal issuance along with the Federal Savings & Loan institutions who are issuing bonds, and not necessarily County money. The Federal register out- lines the requirements which states that entire building(s) be offered for rent. Mr. Henning said one of the restrictions is that the leases be no less than 30 days; can't be used for dormitory or transients. Sid Wortman of Lime Bay asked why the City Council approved the site plan when they knew in 1980 that the condominiums could be used as rentals. Mr. Henning said the financing rules by the Federal Government were made on October 15, 1982, and the Council is governed by them. Irving Lopatey,of 9150 Lime Bay Blvd., asked Mr. Henning how can 30 day leases be considered non -transient, as in Lime Bay the State regulations make it impossible to make corrections for unit owners' benefit, having no legal restrictions on renting, are faced with short-term rentals of 3-4 months. Mr. Henning said that none of the dwelling units in the development would be used for transient purposes such as hotel, dormitory, rest home, etc. Mission Lakes document restrictions state in Article 14 on Page 15: "Only entire units may be leased. No rooms may be rented separately for periods less than 90 consecutive days. Units which are leased may be occupied only by the leasee and his family, servants and guests." - 3 - 3/3/83 /ss Mr.Lopatey said clauses can be found in the documents which permit the developer to grant permission to a leasee to have pets, and then restrictions are imposed when the developer sells. Judy Camel of Heathgate-Sunflower said she felt a condominium is joint ownership and if mission Lakes is owned solely by Mr. Toll, it cannot be termed a condominium. She asked the meaning of the word condominium. Mr. Henning explained that a condominium can be sliced up in many pieces, and, in this case, Mr. Toll owns all the slices. Ray Munitz asked the City Council to withdraw their approval of the site plan since the developer was not doing what the plans intended him to do. Mr. Henning said that, legally, the developer was doing what he said within the bounds of the rules. Lillian Merle of Westwood 17 asked who were the signers of the con- tract for Toll and City of Tamarac in 1980. V/M Massaro said that at practically every Council Meeting, a site plan comes through for a condominium, and Council has no way of knowing that they might convert to a rental. Mr. Kravitz offered the names of those people who were on the Council who signed for the condominium in 1980: Mayor Falck, V/M Massaro, C/M Disraelly, C/W Kelch and C/M Zemel. V/M Massaro said that when someone comes in with a site plan which meets the laws and Code requirements, Council must approve it. She said there was no low-income financing at that time and came to Council's attention only a few months ago. She said she appeared at the County Commission; had 61 Street stopped; had the people who own it, fly in from Houston and withdraw their application. Like- wise, Mr. Little had his application for low-income housing with- drawn. However, she was unsuccessful in her attempt to have this project w - ithdra - wn. She further stated that C/X.Di.sraelly.. appeared twice before the County Commission to request a tabling action in an attempt to get them to withdraw their approval for compliance, V/M Massaro said that the site plan was approved legally as a condominium. In addition, she said, the City Council knew nothing about the rental provision until a month ago, by a letter received by Mayor Falck dated January 26. C/M Disraelly said he had a newspaper clipping dated January 3, referring to new loan programs, listing such places as Oakland Park, 441 north of Commercial, Hillsboro Blvd., N.W. 88 Avenue & 61 Street '(which has been withdrawn by Mr. Wasserman), McNab & N.W. 70 Street (which has been withdrawn by Mr. Little), and Coral Springs Apart- ments on University Drive. He further mentioned another article in the newspaper of February 6, regarding Southgate Boulevard; and on February 8 he said he appeared before the County Commission and brought with him the application, which was made out by Gene Toll, dated January 10, 1980, telling the County Commission that this application was for a condominium, and if it was to be changed to rental, he thought a new application should come in, and until such time, it would remain a condominium. He said the County Commission then said they would hold it up for 2 weeks (March 22). They tabled it to March 1 and subsequently to March 8. At City Council meeting of February 23, motion was made for agendizing, and C/M Disraelly seconded it. He said that both the City Attorney and the Mayor ruled that since it was still a condominium, and the docu- ments still.referred to a condominium, there was nothing more to be discussed because it was not before Council as a rental, but as a condominium. Barbara Clarey of 68 Street said that C/M Disraelly was not the one who got the postponement. Mr. Toll called Mr. Popkin before the meeting. She asked since Council knew of this situation a month ago, why were they not permitted to speak at the last Council Meet- ing. Mr. Henning answered saying they had a pre -agenda meeting at which it was agreed to be discussed at the next Council Meeting on March 9. There was no notice for a prior meeting, unlike tonight's, which met the legal charter requirements, and also to give Mr.Toll and Mr. Tralins notice as they did for tonight's meeting. Ms. Clarey said that if low -rental people come in, senior citizens will not be protected and more police protection will be needed, which will cost more tax dollars. - 4 - 3/3/83 /ss TAPE #3 Anne Zimmerman of 8203 N.W. 73 Terrace said, for the record, she would like a copy of the transcripts pertaining to this issue from its inception, so she can investigate all the facts. Mayor Falck said she can purchase copies. C/M Disraelly said that if she wanted verbatim transcripts, she can hire someone to type them, as the City does not have verbatims, or she can listen to the tapes at no charge. V/M Massaro said there is a rental going up on 441 called Lakeside and suggested pointing this out to Broward County Commission that there is no need for additional rentals. She suggested this be put into the Resolution for the Commission's attention. Mr. Henning said the addition be put in before the last "whereas" clause is:"There is no need in the City of Tamarac for any additional rental housing as a rental project has already been approved at State Road 7, north of Commercial." C/M Disraelly MOVED the Adoption of the Resolution as amended, with two additional "whereas's" on Page 1, and new Section 4 on Page 2, that the County Commission should consider appeals of the citizens of Tamarac, copies to go to all members of the Broward County Commission and to the County Administrator. C/M Krantz SECONDED the Motion. VOTE: ALL VOTED AYE The meeting was adjourned at 9:47 P.M. CITY CLERK MAYOR This public document was promulgated at a cost of $ a,�j or $ 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 Tamarac. 5 3/3/83 /ss ilk. T t NAN LT; N1 C� F "Y '11 �[y Clerk