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RECORD OF COUNCIL DISCUSSIONS AND ACTION
April 14, 1986 REVISED
NOTICE OF SPECIAL MEETING
CITY COUNCIL
TAMARAC, FLORIDA
Please be advised that the City Council of Tamarac will hold
a Special Meeting on Tuesday, April 15, 1986, at approxi-
mately 3:00 P.M. (or immediately following the Pre -Agenda
Meeting, which is scheduled for 2:00 P.M.), in the West
Conference Room of City Hall, 5811 NW 88 Avenue, Tamarac,
Florida, on the following items:
1. City Manager Position -- Discussion and possible
action on the April 12, 1986 interview of
Dennis Sparks, candidate for this position, and any
further action relating to this position.
FINAL ACTION: Authorized the City Manager to write
Mr. Sparks a letter requesting a detailed summary of his
objectives concerning salary, fringe benefits, relocation
ex ens s etc. t b sent to tbg-City Council.
2. P.4n_Adiustmgnt Committee - Temp. Ord. #1254 -
Discussion and possible action to create a new
Article IIIC in Chapter 28 of the Code to establish
this committee to review and approve minor adjust-
ments on site plans and landscape plans which have
been previously approved by the City Council.
First Reading, (tabled from 4/9/86) '
FINAL _ACTION: APPROVED Tem d. #1254 on first reading.
c nd reading 1 be held on Monday, 4 28 86 at 6:00 P.M.
3. Spring Hous Oxford Industries - Discussion and
possible action on:
a) Tri-Party Agreement between the City, Oxford
Limited Partnership and Florida National Bank -
(Sabal) - Temp. Reso. #4082 (tabled from
4/9/86)
b) Tri--Party Agreement between the City, Oxford
Limited Partnership and Florida National Bank -
(Pine Island) - Temp. Reso. #4086
FINAL ACTION: Agendized by Consent.
a) APPROVED the agreement conceptually
and this will be discussed further
at the 4/23/86 Council meeting.
b APPROVED.
The City Council may consider and act upon such other bus-
iness as may come before it.
The public is invited to attend.
Carol E. Barbuto
Assistant City Clerk
Pursuant to Section 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.
CITY OF TAMARAC, FLORIDA
SPECIAL CITY COUNCIL MEETING
April 15, 1986
Tape 1 ROLL CALL: Mayor Hart called the meeting to order at 3:00 P.M. in
the West Conference Room of City Hall.
ROLL CALL: PRESENT:
Mayor Bernard Hart
Councilwoman Helen Massaro
Councilman Arthur H. Gottesman
ABSENT AND EXCUSED:
Vice Mayor Sydney M. Stein
Councilman Jack Stelzer
ALSO PRESENT:
Larry Perretti, City Manager
Alan F. Ruf, Consulting City Attorney
Patricia Marcurio, Secretary
Myrna Shapiro, Secretary
3. ng House/Qxford Industries - Discussion and possible
action on:
a) Tri-Party Agreement between the City, Oxford Limited
Partnership and Florida National Bank - (Sabal) -
so 4082 (tabled from 4/9/86)
b) Tri-Party Agreemeat- between the City, Oxford Limited
Partnership and Florida National Bank - (Pine Island) -
Tgmp. R s . #4086
Y OP I F ACTION: RESOLUTION NO. R-86-123 PASSED.
Agendized by Consent.
a) APPROVED the agreement conceptually
and this will be discussed further
at the 4/23/86 Council meeting.
ID b) APPROVED.
Alan Ruf noted that two Resolutions are needed for two separate
Tri-Party Agreements, with regard to Hidden Harbor, which is
designated Pine Island, and Spring House, which is designated
Sabal.
C/W Massaro MOVED to Agendize this item by Consent, SECONDED by
C/M Gottesman.
yOTE:
"'ALL UTED AYE
a) Mr. Ruf said this is an agreement that states that Florida
National Bank is fronting the impact fees and loaning them to
Oxford. He said if Oxford` does not close and develop the pro-
perty, the City will return on demand from Florida National Bank
the impact fees and then cancel the site plan and plats for these
projects.
C/W Massaro asks if Council's approval of this would bind the City
to the amount they claim as their impact fees since these may
differ and Mr. Ruf said an integral part of each agreement is a
number and the number for Pine Island has been established at
$423,500.00. He said the number in the Sabal agreement is not yet
PO agreed upon; therefore, there is no number to use.
Edwin Stacker, Attorney for Oxford, said the Hidden Harbor Agree-
ment, which is labelled by Florida National Bank's counsel as Pine
Island, has attached an Exhibit B which identifies the two impact
fees specifically that relate to Hidden Harbor, which were paid at
prior site plan approval about three months ago. He said those
are the $397,000.00 Water and Sewer Contribution Fee and the
$26,500.00 Traffic Impact Fee.
F
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4/15/86
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Mr. Stacker said with respect to Spring House, this Agreement in
no way obligates Council to approve the site plan and he is trying
to determine the total amount Oxford must bring to the 4/23/86
Council meeting. He said the Park Fees of $102,870.00 has been an
established number and the Water and Sewer Contribution Fee amoun
is $322,834.00. He said parenthetically, that number is about
$20,000.00 higher than a figure given by the Deputy City Engineer 01
and they are trying to verify this. He said they would pay what
that number actually is.
Mr. Stacker said there is a Water Retention Fee of $26,670.00,
which is not in dispute. He said the number for Sabal Palm would
be subject to an executed agreement at which time he would ask
Council to verify with City staff that they are actually talking
about the correct Exhibit.
Mr. Stacker said nothing in this agreement is intended to limit
Oxford's obligations to the City and the sole purpose of this
agreement is to enable Oxford to get money on a short term loan
basis to put the money up.
Mr. Ruf said Paragraph 4 states, . that Tamarac agrees with the
two parties that the fees described on Exhibit B are required to
be paid by Tamarac for the site plan and plat approval for the
real property described in Exhibit A." He said he would assume
that the City would want Exhibit A to set forth all of the fees.
Mr. Stacker said the bank wanted the City to agree that what was
attached as an Exhibit was all of the fees. He said he explained
to the bank's attorney that the City will acknowledge to their
client that the monies that are listed on Exhibit B are, in fact,
monies that are required. He said if Council would approve the
concept that the impact fees, in the appropriate amounts for this
site plan, are refundable, that would give him the ability to get
the money for the City.
Mr. Ruf said if all that Mr. Stacker needs is conceptual approval,
the Council can agree by Motion, rather than by Resolution, that
he has conceptual approval subject only to an agreement on 4/23/86
as to what the numbers are in Paragraph 4.
Thelma Brown, City Planner, asked Mr. Stacker if these were the
only fees that Mr. Stacker would want to be borrowing on a short
term loan and Mr. Stacker said there are two fees that have, in
fact, been paid. He said he agreed to acknowledge in this agree-
ment that if those monies have to go back, the site plan is to be
voided. He said the Vice Mayor had stated that he asked Ms. Brown
to determine a dollar amount that the City might want to retain
for processing of staff costs in voiding something.
Mr. Stacker said there is a check, less recording fees, that
Oxford will be required to deposit with the City on 4/23/86 in
order to get their site plan approved. He said those monies that
are required are referred to as "impact fees" by him since they
are required by City Ordinances because of the impact of this new
development.
Mr. Stacker said there is a Development Agreement that Council
approved conceptually on 4/9/86 that has a couple of provisions
that relieves Oxford of an obligation to post cash on 4/23/86 for
the Traffic Signalization Ordinance. He said he is asking for
approval of Spring House's Agreement today subject to the correct
numbers being verified by the Planning Department and City Attor-
ney's office as to the numbers for refundability in that agree-
ment.
is
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Mr. Ruf said he cannot agree with that since the City cannot be
responsible for what those numbers are. Mr. Stacker said if the
City has an obligation to have him pay money to have a site plan
approved, someone must tell him what that amount is.
b) Mr. Ruf read Temp. Res 4086 by title, to approve a Tri-Party
Agreement between Florida National Bank, Pine Island - Oxford
Limited Partnership and the City of Tamarac as to repayment of
impact fees for Hidden Harbor at Pine Island.
C/W Massaro MOVED APPROVAL of Temp, Res #408 , SECONDED by
C/M Gottesman.
Q E:
AI,L VOTED AYE
a) Mr. Ruf read Temp, Reso #4082 by title, to approve a Tri-Party
Agreement between Florida National Bank, Tamarac - Oxford Limited
Partnership and the City of Tamarac for the repayment of impact
fees for Spring House.
Mr. Ruf said the problem with this Resolution is that the numbers
are unknown and are subject to interpretation. He said that being
so, he would suggest that, rather than passing the Resolution,
Council Move to agree with the concept of the Tri-Party Agreement
subject only to final figures being decided legislatively by the
Council and the developer.
Mr. Stacker said that is acceptable with him and C/W Massaro MOVED
to APPROVE conceptually the Tri-Party Agreement, which is the
subject of Temp, R s 4082 subject to its finalization at a
subsequent meeting of the Council as to the amounts set forth in
Exhibit B. She said this is also subject to Mr. Stacker acknow-
ledging on the record that the numbers are not final and Mr.
Stacker did so. SECONDED by C/M Gottesman.
TE: ALL VOTED AYE
1- City ManaggrP tion - Discussion and possible action on the
April 12, 1986, Interview of Dennis Sparks, candidate for this
position, and any further action relating to this position.
SYNOPSIS ; _QF ACTION: The
City Manager was authorized to
write Mr. --Sparks a letter requesting
of det-oiled summary of his objectives
concerning ._selary, fringe benefits,
reloc4fti-on= expenses, etc., to be sent
to Counc-i-l.
Mayor Hart noted that when Mr. Sparks was interviewed on 4/12/86,
he presented Council in writing his proposal for a Consultant City
Manager and not for a regular contract. He suggested the City
Attorney either call or write Mr. Sparks requesting he submit in
writing a detailed summary regarding salary, fringe benefits,
relocation expenses, probation, etc., for Council's review.
C/W Massaro suggested the City Manager request this information
from Mr. Sparks to avoid another bill and Mr. Perretti said he
will write a letter asking specific questions for Council's review
before he sends it to Mr. Sparks. C/M Gottesman suggested a
personal investigation be done at the same time and Mr. Perretti
said two years ago a personal investigation was done on Mr. Sparks
and that would suffice for now.
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4/15/86
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2. Plan AdjustMent CgMmittee -- Temp. Ord.__41254 - Discussion and
possible action to create a new Article IIIC in Chapter 28 of
the Code to establish this committee to review and approve
minor adjustments to site plans and landscape plans which have
been previously approved by the City Council. First Reading.
(tabled from 4/9/86)
SYNOPSIS OF ACTION: APPROVED
on first reading.^
Mr. Ruf read Temp. Ord. #1254 by title.
C/M Gottesman said he wrote a memo agreeing with the concept of
this committee since other cities have it and it is time and money
saving.
C/M Gottesman MOVED APPROVAL of Temp. Ord-_#1.254 on first reading.
C/W Massaro asked what this committee will save and Thelma Brown,
City Planner, said when someone has a minor alteration, such as
moving a tree from a utility line, this would avoid that minor
adjustment having to go before the Beautification Committee and
the Planning Commission. She said it would take more than a month
for review by both of these committees. She said there are other
items that the Chief Building Official sometimes puts on Council
agendas which only require moving one parking space over 5 or 6
feet for a fire hydrant. She said the present Ordinance reads
that if there is a reduction of square footage, it must go to the
City Council. She said if it is not a reduction of square foot-
age, it must go before all three groups.
41
C/W Massaro SECONDED the MOTION.
VOTE: ALL VOTED AYE
EDITOR'S NOTE: Second reading and public hearing on this Ordinance
will be held on Monday, 4/28/86 at 6:00 P.M.
C/W Massaro said that usually the fee is established by Resolution
so that if any changes are necessary, the Ordinance does not have
to be amended. Mr. Ruf said that change can be made and a Resolu-
tion will be prepared by Second Reading that will set the fee.
Mayor Hart adjourned the meeting at 3:45 P.M.
AA L
MAYO
TTEST:
CITY CLE
CITY OF TAMARAC
APP OVER AT MEETING nF �
City erk
This public document was promulgated at a cost of $85.15 or
$2.20 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.
4/15/86
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