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HomeMy WebLinkAbout1986-04-15 - City Commission Special Meeting MinutesMAIL REPLY TO: P.D. BOX 25010 TAMARAC, FLORIDA 33320 5811 NORTHWEST 88TH AVENUE 0 TAMARAC, FLORIDA 33321 TELEPHONE (305) 722,6900 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 1 4/15/86 /pm 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 2 4/15/86 /pm 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. 3 4/15/86 /pm 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 /pm