HomeMy WebLinkAbout1983-09-26 - City Commission Special Meeting MinutesMAIL REPLY TO:
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TAMARAC, FLORIDA 33320
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September 22, 1983
NOTICE OF SPECIAL MEETING
CITY COUNCIL
TAMARAC, FLORIDA
Please be advised of a Special Council Meeting to be held on Monday,
September 26, 1983 beginning at 10:00 A.M. in the Council Chambers
of City Hall, 5811 NW 88 Avenue, Tamarac, Florida.
The items to be considered are:
1. UTA Cable Franchise - Tem . Ord. #1056 - Discussion and possible
action to grant a non-exclusive franchise for a community antenna
television system for a service area in the City located west of
University Drive. Second Reading. (Public Hearing held 7/27/83)
(tabled from 9/19/83).
2. Kings Point Recreation Complex - Discussion and possible action:
a Revised site plan for cable facilities - Temp• Reso. #2806.
b) Revised Landscape Plan
c) Revised Water and Sewer Developers Agreement
(tabled from 9/19/83).
3. Land Section 7 Program - Discussion and possible action.
tabled from 9/20/83).
The City Council may discuss such other business as may come before it.
The public is invited to attend.
�>VM�arilyn Bertholf TZ:�&le
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 rat such me -sting or
hearing, he will need a record of the proceedings and for sl:t_h
purpose, he may need to enssjre that a verbatim ror:cr includ3s
the testimony and evidence upon which the appeal is :,o L9 hasa�J.
"An Equal Opportunity Employer"
CITY OF TAMARAC,FLORIDA
CITY COUNCIL SPECIAL MEETING
SEPTEMBER 26, 1983
Tape CALL TO ORDER: Mayor Falck called the meeting to order at
1 10:00 A.M. in Council Chambers.
PRESENT: Mayor Walter W. Falck
Vice Mayor Helen Massaro
C/M Philip,B. Kravitz
C/M David E. Krantz
C/M Jack Stelzer
ALSO PRESENT: Laura Z. Stuurmans, City Manager
Jon Henning, City Attorney
Roslyn Brauner, Secretary
Mayor Falck read the Notice of the Meeting into the record.
1. UTA Cable Franchise - Temp. Ord. #1056 -- Discussion and
possible action to grant a non-exclusive franchise for a
community antenna television system for a service area in
the City located west of University Drive. Second Reading.
(Public Hearing held 7/27/83).
SYNOPSIS OF ACTION: TABLED to
meeting of 9 2$ 83.
City Attorney Jon Henning read the Ordinance by title and stated
that Council has had numerous discussions relating to the granting
of this non --exclusive franchise. He said that UTA has submitted
a new application for the franchise and Council has requested
conditions which are similar to those contained in the American
Cablesystems of Florida franchise.
The City Attorney said that in an attempt to simplify matters,
the territory this franchise will cover has been changed.
Originally it was to be all the area west of University Drive
except Land Section 7, which is the undeveloped portion of the City.
At this point, it is recommended that the franchise be considered
solely for the Kings Point and Tamarac Gardens area and that is
referred to in the revised Exhibit 2 of the franchise agreement.
City Attorney Henning said UTA is anxious to have the franchise
passed but are not suggesting they would not come before Council
at a later date for consideration of a larger area once the
service has been started; although at this point UTA has not
yet determined that.
Jon Henning, City Attorney, said he had distributed to Council,
the latest draft of the franchise agreement, after which one of
the Council members suggested some changes,and they can now be
discussed and a determination made as to whether they are acceptable
to UTA Cable Corporation.
Mr. Henning said that
On Page 2, it has been suggested that the language in Paragraph F
which reads "and the lawful successor, transferee and assignee of
the grantee" be stricken asl this situation is -customarily handled
by Council action.
V/M Massaro pointed out that Paragraph 14B cross-references that
phrase and she suggested the words "See 14B" be added to Paragraph F.
The City Attorney explained that Page 5, Paragraph 14B covers the
transfer of the franchise. He pointed out that the Charter states
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that any transfer of a franchise must be made by Ordinance.
He mentioned that was accomplished when the American Video franchise was
transferred to American Cablesystems of Florida. Mr. Henning
stated that to clarify this in the franchise agreement, the
language in Paragraph F on Paae 2 was changed and was followed
up in Paragraph 14B. He explained the language in that paragraph
which states, "Consent of Council shall not be'required" in
essence is referring to the transfer of a mortgage, which Council
is not addressing at this time. The City Attorney stated he feels
it is not the intention of this franchise to preclude UTA Cable
Corporation from obtaining a security loan by securing some of
their assets, and therefore, this language should be stricken.
Mayor Falck said he has no objection to that.
City Attorney Jon Henning said that Paragraph H mentions that the
cable company will conduct business on this site and the site
referred to is zoned S-1, and the concern is whether at some time
in the near future, UTA would make application for a zoning change
for the appropriate business zoning for the head end station site.
V/M Massaro said she does not agree that the site should be zoned S-1
a,s that would mean a loss of taxes to the City since S-1 property
is not taxed very much; and UTA is conducting a business on business
property and it should be zoned as such.
Mr. Robert Haber, representing UTA Cable Corporation, said UTA
would agree to a rezoning provided that such application for
rezoning would not delay the passage of the franchise agreement.
He said he would be willing to meet with the Council to prepare
the application for the appropriate rezoning.
The City Attorney said it is not Council's intention to delay the
application for the franchise but Council wants it understood that UTA
Cable Corporation will move forward with the rezoning application.
V/M Massaro explained that this situation is similar to one
where an applicant requests approval of a..site plan on which
there exists a recreation parcel and a rezoning of that parcel is
required. In those instances, Council always permits the applicant
to make application for the rezoning, and then move forward.
She said once. UTA Cable Corporation submits the application
for rezoning, the process would take 45 days to complete since
it must pass the Planning Commission and the City Council.
V/M Massaro said she sees no problem with the UTA Cable Corporation
application for rezoning'provided that the fees are paid before
the franchise is completed.
C/M Kravitz said since Mr. Haber has agreed to submit the application
for rezoning, to be processed in the customary manner, he feels
there would be no problem with granting the franchise at this time.
C/M Krantz said that Page 2, Paragraph 3 refers to an intrusion
alarm, and he would suggest the words be consistent with the
balance of the .agreement which states "burglar alarm".
City Attorney Henning said this change will be made.
C/M Stelzer asked Mr..Haber whether a signal for medical alert
would go to his office at the head end station; and if it would,
whether it would be transmitted to 91l or the Police Department.
City Attorney Henning said he will answer that question by stating
the alert will not go to the Police Department directly, but
will go to someone else to monitor; and Mr. Haber said that is correct.
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Mr. Marty Riefs, representing the UTA Cable Corporation, stated
that the medical alert would go to a central location, after
which the local ambulance company would respond.
V/M Massaro asked whether in those cases, UTA would be dealing
with the City or with 911; and Mr. Riefs replied that when an
ambulance is required, 911 would be called.
C/M Stelzer commented that the procedure would be the same as
it is now when a resident calls for emergency assistance.
City Attorney Jon Henning said that Exhibit 1 of the franchise
agreement has not been changed except for the location of the
head end station on the site; and the site plan will be discussed
later today.
City Attorney Henning said that Paragraph 5B refers to
changes that might take place in the basic service or the
premium channels. He said that a phrase was used in the
American Cablesystems of Florida franchise stating that 30
days notice would be provided to the City of any changes to
be made in the service; and he would like to include that phrase
in the UTA Cable Corporation franchise.
Mr. Henning said that the theory of Paragraph 7 is that
there are to be the necessary permits and inspections that
are required for the installation of the cable equipment.
He said at this point he does not know whether a permit will be
required for the individual households but permits
will be needed for the lines along the road and the construction
of the head end station office, and these permits are to be
obtained from the City before construction commences.
Mr. Henning further explained that the end of Paragraph 6 should
state that permits shall be obtained for any pole attachments or
underground installations as provided in Paragraph 7 below.
V/M Massaro asked whether it could be stated that permits and
approvals are required for any of the work specified in Paragraph 6;
and Mr. Henning said it would be appropriate to make that change.
C/M Kravitz stated this procedure would be effective if it were
not so stated in the agreement; and the City Attorney said that is
correct, but µby making the statement, it is an emphasis. C/M Kravitz
concurred.
City Attorney Henning said that Paragraph 8 refers to reports and
payments of the franchise fee, which provides for quarterly pay-
ments for the first five years and monthly payments after five
years, of the franchise fee, which is 50 of gross revenues.
He stated that Stipulation 12 set out the initiation of the City
to begin negotiating with UTA Cable Corporation to establish the
franchise at a fee of 5% maximum.
The City Attorney stated Paraaraph 8 points out that
regardless of what the franchise states, the fee will be 5% minimum,
or the maximum provided by law, since the laws change from time to
time. In addition, he suggested since Council wishes to make
provision for a future change in the law, that a sentence be added
to the fourth line after the word "receipts" to read, "Any amendment
of this agreement is subject to an amendment of Stipulation 12
regarding the 5% franchise fee, at the City's option".
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V/M Massaro said. it should be clearly understood that F & R must
enter into an agreement with the City concerning Stipulation #12
as F & R signed the Stipulation. She said this could be a separate
agreement.
Mr. Robert Haber stated that he is the attorney for F & R, now
known as Lennar Homes,and he would agree for the record that
Lennar Homes will sign an amendment to Stipulation 12 with respect
to amending the paragraph dealing with payment of franchise fees
to the amount allowable by law, throughout the franchise.
The City Attorney said that V/M Massaro had requested a clarification
of the language on Page 4 which refers to the franchise fee and
states that"the franchise fee is to be paid quarterly for the first
five years and monthly thereafter". Mr. Henning mentioned that it is
expected the franchise fee will be greater after five years when
the rate base increases. He said the agreement also states there is
to be a 10% penalty for late payment of the franchise fee. In
addition, a question has been raised regarding the annual report
that would be required to certify the accounting of the records
for the fiscal year of UTA and this is mentioned on Page 4.
C/M Kravitz said he would suggest the wording be changed to read
"fiscal year or calendar year". He said the same paragraph states;
"which is the grantee's Chief Financial Officer or a C.P.A." and
he feels the wording should be changed to read, "A Certified Public
Accountant". Mr. Henning said he will make both those changes in
the franchise agreement.
Mr. Henning said that a payment would be due the City at the end of
the annual audit if there were a discrepancy in the payments. If there
were an overpayment, the City would credit UTA with that overpayment.
Therefore, a statement was added to the agreement to read, "Payment
adjustments will be made at the submission of the annual accounting
if there is a discrepancy in the figures. Deficiencies shall be
paid by UTA Cable Corporation; overpayments shall be credited to
the next franchise payment by UTA. The late charge provided in
the preceding paragraph shall apply to deficiencies in the annual
accounting". Mr. Haber said he would agree to the addition of
this, statement to the agreement.
The City Attorney said the paragraph which relates to delinquencies
was taken from a County franchise, the concept of which is that
regardless of the 10% late charge, if payments are not made within
ninety days, the franchise is in default. He said he has also
borrowed from the County franchise and added to the UTA franchise
in Paragraph 8, that"should any of the grantee's payments required
under this section be delinquent for ninety days, the City may
declare the grantee in default and treat the same as a material
breach of the franchise agreement". Mr. Haber stated that UTA has
no objection to that addition.
City Attorney Henning said in the portion of the agreement which
relates to renewals, there is a phrase stating that"UTA shall
have priority over others in negotiating a renewal of this franchise"
as it was felt they should receive priority since they are restricting
their area to Kings Point and Tamarac Gardens property. Mr. Henning
said for additional clarification, he has added to that phrase the
words, "only if there is no amendment to Exhibit 2" and Mr. Henning
commented that Exhibit 2 is the Lennar property.
Mr. Henning said it has been suggested that language be added
to Paragraph 9B to state, "For emergency or hardship reasons, either
party may apply to the other for waiver of or release of any of
the provisions which for good cause shown the applying party is unable
to comply with".
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City Attorney Henning said that Paragraph 10 of the agreement
refers to performance bond and insurance. He mentioned that he
has copies of those exhibits,as provided today by Mr. Haber,
but there isa question as to whether UTA has already provided
the performance bond and certificates of insurance since they
are allowing themselves twenty days after grant of the franchise
to deliver those documents. Mr. Haber explained the reason for
that language is that the original application filed by UTA
tracked the Boynton Beach Ordinance in which that municipality
allowed the grantee twenty days within which to accept
the franchise, the purpose of which was for the applicant to
provide the City with the performance bond and certificates of
insurance. Mr. Haber said the original certificates of insurance
are in effect today but he does not have the performance bond.
He said he does have the form of the bond in his possession and
that is identical to the original which will be filed with the
City and remains only to be dated. He said if Council will refer
to the copy, it will be noted that reference is made to the City
Ordinance. Mr. Haber said he can have the UTA agent comply with
the City's request within three business days, and for the record,
would state that if Council grants the franchise today, he will
accept it and ask'that a reasonable time be granted by the City
for providing the performance bond.
Tape The City Attorney suggested that the language "shall be made
2 within twenty days" be stricken from Paragraph 10 and that instead,
when Council grants the franchise, they do so subject to UTA
providing the City with the performance bond.
Mr. Henning said there are no changes in Paragraphs 11,12,13,14A,
14B,14D and 14E of the franchise agreement.
Mr. Haber said he is confused with regard to the the comment
made today that an application for rezoning be a condition
when granting the franchise. He is wondering whether Council
wishes that condition to be inserted in the agreement. Mayor
Falck said he feels this is not relevant.
V/M Massaro stated that UTA would have to make application for the
rezoning before the franchise is granted, and Mr. Haber said he
would agree to that.
V/M Massaro said she would suggest the language of Paragraph 14C
which states, "reasonable notice" be changed to "two business days
during normal business hours". Mr. Henning said he will make
this change.
V/M Massaro said the American Cablesystems franchise makes mention
of a minimum payment, and she would suggest Council give some
thought to this as relates to the UTA franchise so that it can
be included in the final document. She suggested Council
take into consideration that UTA is just beginning their operation,
but nevertheless, the City should look for a higher guarantee.
The City Attorney stated that the American Cablesystems franchise
was initially passed in 1969 and was a twenty year document, Over
the past fifteen years, there were at least four or five amendments
to the original franchise agreement. After operating for ten
years, American Video was required to pay a minimum franchise fee
to the City of $20,000.00 annually. Mr. Henning said that with
reference to the UTA franchise, he would ask if Council wants
to have some guarantee, and if so, when it would start; or perhaps
Council would prefer to wait until UTA returns for amendments to
the agreement to accomplish that.
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Mayor Falck said he feels there should be some sort of a minimum,
as small as it might be, and he certainly agrees with the
Vice Mayor. However, the City should not expedt a great
deal the first year simply because they will be in operation
only a short time and might not have their program moving
along as well as it should be. He said he feels while
there should be a minumum at this time, after the first year
there should be some kind of a minimum annual payment .
Mr. Marty Riefs said his concern is that UTA is a new cable
company and does not have a citywide franchise as the other
cable company does.In the area the UTA franchise covers, there
Will be. very few residents the first year and in succeeding
years, also very few. As for the American Cablesystems franchise,
it was ten years after they were in operation that a minimum was
established; and at that time they were paying a smaller percentage
than UTA will now be paying. He said he would request that Council
allow UTA Cable Corporation the same privilege as given to American
Cablesystems as relates to a minimum franchise .fee and after
the ten years discussion can be held on the minimum franchise fee.
He pointed out that at that time, it should not be the same amount
. American Cablesystems pays because the UTA service area is
not the same as to the number of residents.
V/M Massaro said if Mr. Riefs could advise Council of an approximate
figure of what a franchise will mean in dollars and cents to the
City, Council will then be in a better position to make a judgment
as to how to set the annual required fee; and Mr. Riefs said UTA
will submit an approximate figure to Council.
C/M Kravitz MOVED to TABLE this item to the September 28, 1983 meeting
so that the City Attorney can prepare a corrected franchise agreement.
SECONDED by V/M Massaro.
V/M Massaro stated that she wants to be sure the insurance policy
includes the thirty day notice before any cancellation becomes
effective; and Mr. Haber said that will be done.
VOTE:
ALL VOTED AYE
Mx. Ray Munitz said he would like to state with regard to the
accounting aspect of this franchise, when quarterly reports are re-
quired they generally end on March 31, June 30, September 30
and December 31. However, since the UTA fiscal year is November 30
and since the City will rely upon a C.P.A. report which will be on
an annual basis closing November 30, it would be appropriate for
the agreement to stipulate that the quarterly reportsshould end
February 28, May 31 and August 30 and in that way the City will
be able to tie in the quarterly reports with the annual report of
the C.P.A. and their quarterly reference.
Mr. Walter Rekuc, resident, said he does not understand why the
franchise agreement was not available to the citizens of Tamarac
before today's meeting.
Mayor Falck stated that the Council does not have the final
agreement either and suggested Mr. Rekuc come before Council to speak
on Wednesday when the final agreement will be available.
2. Kings Point Recreation Complex - Discussion and possible action on:
a) Revised site plan for cable facilities -- Temp. Reso. #2806.
b) Revised Landscape Plan
c) Revised Water and Sewer Developers Agreement
(tabled from 9/19/83).
YNOPSIS OF ACTION: TABLED to
eeting of 9 28/83.
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Mayor Falck said that since the franchise agreement is not yet
in finished form, Council will not be able to consider this
item today.
C/M Kravitz MOVED to TABLE this item to the September 28, 1983
meeting. SECONDED by C/M Krantz.
VOTE:
ALL VOTED AYE
3. Land. -Section 7 Program - Discussion and possible action
(tabled from 9/20/83).
SYNOPSIS OF ACTION: Concept Plan
DENIED.
Mayor Falck said that Council had discussed this matter fully on
September 20 and it would be appropriate to ask questions at
this time before the concept plan is acted upon. The Mavor ex-
plained that if Council approves the Concept Plan, the process would
be initiated to startthe countless procedures that would need to
be considered by the County, the City and the public. In addition,
public hearings will take place before any definite action is taken.
Mr. Partin Schoenfeld of the Planning Commission said that a
joint meeting was held on Tuesday of the Planning Commission and
the City Council. He explained that when the Planning Commission
received notification of the meeting, they were informed that
there would be a discussion of the development of Land Section 7
as well as a discussion on the Sludge Farm. He said on the day
of the meeting, the Planning Commission was, notified for the first
time that there is a proposal before Council for a rezoning of
Land Section 7 to T-1 as a settlement of the law suit that existed
between Leadership and the City in connection with the Sludge Farm.
He said he feels it was unfair toward the Planning Commission not to hav
been provided with the backup necessary for the study of the
proposal so the Commission could be prepared to present their point
of view at the meeting. He said that at this time, after reviewing
the proposal for the past six days, he would like to provide Council
with input relating to the concept and would recommend the Council
take this input into consideration before action is taken. Mayor Falck
said he would have no objection to that and he does not feel Council
does either; and the Council members concurred.
Mr. Schoenfeld said that Mr. Toll is requesting that the entire
south half of Section 7 be rezoned to T-1 and that he might develop
the land for mobile homes, condominiums and/or town houses. Mr.
Toll had also stated that his development of the land would depend
upon market conditions, and that he might not develop mobile homes
at all. The newspapers have quoted Mr. Toll as stating that he
is not sure whether he will sell or rent the land under the homes
and those homes would cost between $25,000.00 and $50,000.00 per
home, not including the cost of the lot.
Mr. Schoenfeld explained that T-1 zoning is for a mobile home district
to be used for the parking or placement of mobile homes and travel
trailers for occupancy as living quarters,where the park is owned
or operated as a unit and individual spaces are occupied on a
rental basis. He further stated that under T-1 zoning, the
land underneath the homes could not be sold .and must be operated
on a rental basis; and that dwelling units or living quarters except
in mobile homes or travel trailers is prohibited. Therefore,
Mr. Toll's statements regarding developing the land for condominiums,
town houses or single family homes, mean nothing, since that
cannot be done under a T-1 zoning. Also, under T-1 zoning, travel
trailers are permitted and therefore, regardless of the pictures
Mr. Toll showed of prefabricated homes, the proposed development
would be nothing more than a mobile home park.
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9/26/83
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Mr. Schoenfeld stated there are many disadvantages of a mobile
home park. Firstly, the proposed development would adjoin the
proposed Saw Grass Expressway which will be a major artery.
Therefore, while the park is being developed, the developer
aQuld place reasonable rents on the land but after the develop-
ment is completely sold out, another picture presents itself. He said
in many cases, the landlord starts to raise the rents tremendously,
and the newspapers contain many articles about such actions.
Many of the mobile home parks are sold after completion of the
development and any good intentions on the part of the developer,
if any, are not binding upon the buyer of the park and the
homeowners are put on the spot as the rents go above their means.
Mr. Schoenfeld said when he presented that aspect to Council, he
was told the situation is similar to the one that exists with
rental apartments; but he would like to state this situation is
not the same as the one of rental apartments. The apartment dweller
has no major investment and can generally find another apartment
within his means in the community and just move his belongings. He said
the mobile home owner is not in that position and he can
be pushed a great deal due to his major investment; the landlord knows that
and when the breaking point is reached, the mobile home owner can do
nothing but move his $35,000.00 to $50,000.00 home, and that presents a
problem. Mr. Schoenfeld said he cannot stay in Tamarac because there is
no facility here for that purpose. He must leave his friends and go
to some distant place to start a new life and that is not easy.
In addition, the cost of moving and resettling the mobile home
is enormous. Mr. Schoenfeld said he feels the City of Tamarac has
the duty and responsibility to avoid problems such as those for
the sake of both the City and the residents.
Mr. Schoenfeld said the proposal indicates that the T-1 rezoning
would save the City approximately $130,000.00 plus costs and attorney
fees since Mr. Toll would permit the City to use the Sludge Farm
at no cost for two and a half years and the court action would be
dropped. Mr. Schoenfeld said the proposal asks that the rezoning
be accomplished immediately since Leadership will not grant an
extension after Oct. 26.He said in his opinion; this is similar to putting
a gun to the City and the City should not be subjected to such pressure.
He explained that if the City does not accept Mr. Toll's proposal
and the case goes to trial, it appears that the maximum judgment
against the City would be $180,000.00 to $200,000.00 for the use
of the Sludge Farm for two and a half years which amounts to
$70,000.00 to $75,000.00 per year and that breaks down to about
$2.00 per year for each of the 30,000 residents of Tamarac over
the two and a half year peridd. He said for $2.00 per resident
the City should not make a deal that is contrary to everything
that is good in Tamarac and also contrary to all the years of
hard work by the Council, the Planning Commission and the
City Planner for the future development of the City as over the
future years, the rezoning would cost the City millions of
dollars since the City would not be developed as planned.
Mr. Schoenfeld said that the term "Industrial"
does not necessarily mean smokestacks or pollutants, and the City
is currently working on a plan for development of Land Section 7
that would eliminate those possibilities. He said Florida is growing
at an amazing rate and by .the year 2000 it is expected to be the
third largest state in the country as far as population is concerned;
and therefore job opportunities must be created to provide for that
increase in population. He said just south of Commercial Boulevard
across from Land Section 7, the City of Sunrise is developing an
industrial park,and an industrial area in Tamarac would adjoin that.
The south half is a long way from the Isles of Tamarac. Mr.
Schoenfeld said that possibly the west half of Land Section 7 could
be used for office buildings and an industrial park could consist
only of office buildings and restricted assembly plants.
9/26/83
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Mr. Schoenfeld stated that regarding the return to the City, he
would state that the eastern half of Land Section 7,which
consists of approximately 100 acres, is presently zoned for
multi -family development, on which the taxes are $2,100.00 per
acre per year, or $210,000.00 annually for the 100 acres.
The western half of Land Section 7 would bring a return to the
City of $2,700.00 per acre if it were developed as industrial,
office buildings, commercial or a combination of those, which would amount
to $270,000.00 annually. Mr. Schoenfeld stated the combined total for
the eastern and western portions would represent an annual income
to the City of $480,000.00 if the land is developed in accordance
with the land use plan.
Mr. Schoenfeld explained that 200 acres of mobile homes would
bring no revenue to the City. The home owners pay a license
fee to the State of Florida and the owner of the mobile home
park pays taxes to the City on only the value of the land.
Therefore, the park would bring $400.00 or $500.00 in revenue
per lot since lots bring less revenue than single family residences
do, as on a single family home, the house and the land are
taxed. On that basis, the 200 acres of land would bring the
City a return of $80,000.00 per year as opposed to $480,000.00,
or a difference of $400,000.00 per year in lost revenue to the
City, if the land were rezoned to T-1. This difference would
continue year after year and cause the City to lose multi -millions
of dollars.
Mr. Schoenfeld further stated that a few days after the moratorium
was placed on Land Section 7, Leadership Housing revoked Tamarac's
right to use the Sludge Farm.It is evident this was done because
it would be difficult for Leadership to sell the property while
the moratorium is in effect. However, the City has been preparing
plans for the development of the land and if that were accelerated,
and the moratorium removed, perhaps Leadership would change its
mind.
Mr. Schoenfeld said he would like to further state that the re-
zoning of land for a consideration, without proper planning data
to back up the change, would no doubt be considered illegal
contract zoning. He referred to Parcel P, which is the island
directly behind City Hall, and stated that Ticon had requested an
increase of density,,on which the City requested $800.00 per unit
above the existing figure. Mr. Schoenfeld explained that he is
aware Mr. Toll is not requesting an increase in density. However,.
the attorneys for Ticon stated that Ticon would not pay the
increase requested, as .that increase cannot be requested
without proper planning and presentation of backup as that would
constitute illegal contract zoning. He further stated that the
Ticon matter was handled by the law firm of Tralins and Potash,
who are representing Leadership Housing in the court proceedings
in connection with the Sludge Farm.
Mr. Schoenfeld said a letter was received by the City dated
May 24, 1983 from Mr. Myles Tralins with reference to the Ticon
matter (See Attachment #1 to Council minutes dated May 25, 1983). He said
the basic point of that letter is that a change of zoning cannot
be presented for consideration without proper planning for that
change, along with backup material. He said he would point out
that Mr. Toll has not presented planning or backup material and
the only presentation made to the City was the proposed use of
the Sludge Farm. He said if Council agrees to the rezoning
of Land Section 7 to T-1, he would suggest the watchdog committees
of the City, the. Charter Board and Presidents Council, investigate
the legality of chat action. Mr. Schoenfeld said.it should also
be known that the proposed rezoning is more of a departure from
the City's Land Use Plan than the increase in density
requested by Ticon, Tnc. There is another legal aspect which also
should be investigated, and that is whether the City Council,
on its own, can enter into a contract to rezone property without
taking the steps prescribed by City Ordinance.
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Mr. Schoenfeld said he feels Council should not be pressured into
granting the rezoning, since it would alter the lifestyle of the
residents in Tamarac. In addition, the City would Abe
sacrificing multi -millions of dollars in future revenues.
Also, mobile home parks tend to decrease the value of other homes
in nearby areas.
Mr. Saul Mesinger of the Planning Commission said he had been
requested to make a visual observation of Golfview Estates
located on S.W. 31 Avenue in the City of Pompano and Would
report that this community was developed by Palm Aire. In 1979,
it was sold to a firm in Decatur, Ill. Half of the site
consists of 200 manufactured homes, on which the occupants pay
a land lease of $187.00 at this time, and the home owners have
been informed there will be a 15% increase the first of the year.He said
j,pases are given for a period of one year only and the homeowners
are locked into this situation because the cost of removing
these homes to another site is from $10,000.00 to $12,000.00,
and after one such removal, the value of the home decreases as
much as 50%.
Mr. Mesinger said he interviewed several of the homeowners at
Golfview Estates, including a gentleman who has been serving as
President of their Maintenance Association for the past three
years. The residents in the development live a life of quiet
desperation as they are mostly retired individuals and their
investment in the home represents their most sizeable asset;
and at the whim of the land owner, that home can become
practically worthless.
Mr. Mesinger further stated that Mr. Toll had presented photographs
of the park, but unfortunately those photographs represented only
50% of the site. Mr.. Mesinger explained that under a T-1 zoning
any type of moveable home can be placed on the property;
and the other half of Golfview Estates consisted of a recreational
vehicle trailer park. Under T-1 zoning, all of the land could
consist of recreational vehicles since the developers are not
required to place any manufactured homes on the site. If only
recreational vehicles were placed on the land, the developer would
still be complying with all Building Codes.in the State of Florida.
Tape Mr. Mesinger stated that the City should
3. not establish a permanent undesirable condition in order to solve
a temporary or non -existing problem, as that is not the function
of good government.
i4dyor Falck said ale would like to state for the record that the
Planning Commission was not requested: to take part in a rezoning
since Council is in no position to grant a rezoning of Land Section 7
at this time. Council was considering a concept plan that was
mentioned by Mr. Toll, and Council was asking the Planning Commission
to provide input relating to that concept plan. A rezoning would
not be considered until an amendment to the Land Use Plan is
reviewed; and that amendment must be considered not only by the
City with public hearings, but by the County Land Use Board
with public hearings as well.
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C/M Kravitz said he attended a meeting of the Consumer Board
of the County last week, at which time the subject of
homes was discussed. At that time it was necessary to
appoint a committee to investigate mobile homes. He said
five members were appointed and he was one of those five.
The: committee was directed to recommend to the County and
the State the necessary legislation in connection with
mobile homes, and he now has in his possession a copy of the
legislative enactment and the proposed legislation.
C/M Kravitz said he has reviewed the proposed legislation along
with other committee members, all of whom have mobile homes,
and he would state at this time that he is opposed to the
concept of a mobile home park in the City of Tamarac.
He said he feels the residents of the City would not want that
type of development in Tamarac.
C/M Kravitz said Mr. Toll had advised that the average mobile
home would cost between $35,000.00 and $50,000.00, without the
land; and if
the $35,000.00 to $50,000.00 —home had to be moved, it would be
worth less than $500.00. He said he has checked this out
with the mobile home owners, and learned that there is no lot
owner who would accept that home. Therefore, the development
of a mobile home park in Tamarac would put the residents on
the spot and it is his opinion that the concept for such a
development should not be adopted and he will vote accordingly.
C/M Kravitz said he is not impressed with the idea of the City
being able to use the Sludge Farm if T-1 zoning is granted;
nor is he impressed with the idea that it would stop the law suit.
He said he is positive the Council would not want to do anything
that would hurt the residents of Tamarac.
C/M Stelzer distributed to Council. photographs of Golfview
Estates and commented that he was wondering why T-1 zoning
would be required for the use of prefabricated or manufactured
homes. He stated that he lives in Vanguard Village where all
the homes are prefabricated and the zoning there is either R-lB
or R-lC.
C/M Stelzer said he went to Colonies of Margate with two of the
residents of Tamarac on Saturday. This is a mobile home development and
is attractive looking at the entrance and there is a guard in
attendance. The homes are neat and the lawns are well kept,
'but although the development was not bad, he did not
care for it. He said he plays golf with two of the gentlemen
who live at the Colonies of Margate and last week they told him
their lot rental was $107.00 per month, but this morning they Were
advised they received a $40.00 increase.
C/M Stelzer stated after visiting the Colonies of Margate, they
continued on to Pompano to Golfview Estates. The entrance
there is attractive and inside there are nice,clean, landscaped
homes in neat rows,
made of corrugated aluminum which is highly enamelled,
and are similar to quonset huts except those are made of steel.
They continued along for about six blocks and found a mobile
park, as shown in the photographs distributed to Council.
Tn that area, there is every conceivable type of mobile home
and he said he uses the term "mobile home" to refer to the type
of vehicle that can be hooked on to a truck or car and pulled.
along from one location to another. At Golfview Estates, those
were jacked up and put on concrete blocks and it was an ugly sight.
C/M Stelzer said there are many such developments along 441 and
State Road 84 close to the airport.
C/M Stelzer said as they were driving along, they stopped off to
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inspect two brand new models and those were also aluminum but
had a grain imprinted on the outside and they were very
attractive, and nicely furnished. He said they spoke to the owner
of the land and were informed that the new homes sell for
approximately $62,000.00 each or $60000.00 less without the
furniture for the home only. The land lease would be $185.00
per month and on the first of the year that would be increased
by 15%. C/M Stelzer said these homes are not terrible, but he
is concerned about why a T-1 zoning is required when the
development he lives in is not zoned as such.
C/M Stelzer said he does not accept the idea of a development such as
Golfview Estates in the City of Tamarac. If homes
were developed such as those he saw at $62,000.00, it would
not be bad, but he would not go along with a land lease.
If Mr. Toll would build manufactured homes, without a land
lease, or a condominium type, without mobile units,and
without T-1 zoning, he might accept that, but the type of
development Mr. Toll has in mind is not acceptable in his
opinion for the City of Tamarac.
C/M Krantz stated that at the present time there are no mobile
homes in the City of Tamarac and since no precedent has been
established he would be hesitant to bring that type of development
to the City. He said the City should maintain the lifestyle
that has been here for the past twenty years and he would not
go along with the concept presented by Mr. Toll.
V/M Massaro said Mr. Toll is still not sure of the type of
development he would place on the land as he is no doubt aware
that the Council would not approve a T-1 zoning in its present
form and that whatever he would decide to do with the land
would be subject to further discussion. Council would have to
decide then if something could be done by Mr. Toll which would
not be objectionable to the City, so that possibly a new
zoning category could be created.
V/M Massaro said the City has serious problems relating to the
Sludge Farm,but she does not feel one problem could be solved
by creating another one. However, she said Council has heard
nothing today except that nobody wants typical mobile homes in
the Citv of Tamarac. She said T--1 zoning in its present form
would certainly not be acceptable, but perhaps Mr. Toll has
other ideas that would be acceptable to the City.
Mayor Falck said he would suggest that at this time Council vote
to deny the particular item on today's agenda and if Mr. Toll has
something specific he would like to present to Council, it would,
be appropriate to review the matter further at that time.
V/M Massaro MOVED to Deny the Concept Plan. SECONDED by C/M Krantz.
VOTE:
ALL VOTED AYE
THE MEETING WAS ADJOURNED AT 11:45 A.M.
ATTEST:
ASSISTAN�CITAL!ERK
A
h
A
0~
This public document was promulgated at a cost of $110.08 or $3.08
per copy to inform the general public and public officers and
emolovees about recent ouinions and considerations by the C:onncil
of the City of Tamarac.
_12_ CITY OF TAMARAC 9/26/83
APPROVED AT MEETING OF /r»