HomeMy WebLinkAbout1984-03-01 - City Commission Reconvened Regular Meeting MinutesMAIL REPLY TO:
P.O. BOX 25010
TAMARAC, FLORIDA 33320
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5811 NORTHWEST 88TH AVENUE 0 TAMARAC, FLORIDA 33321
TELEPHONE (305) 722.5900
February 23, 1984
NOTICE OF
RECONVENED CITY COUNCIL MEETING
There will be a Reconvened City Council Meeting on Thursday, March 1, 1984, at
9:00 A.M., in the Council Chambers at City Hall, 5811 NW 88 Avenue,
Tamarac, Florida.
The Items remaining from the Council Agenda of February 22, 1984 to be considered
are as follows:
4. Investment Advisory Committee - Temp. Reso. #2982 - Discussion and possible
action to appoint members to this committee.
8. Tamarac Park Recreation Center - Discussion and possible action to approve
the preliminary working drawings for the new building.
14. Woodmont Golf Course g Iem Reso. #3044 - Discussion and possible action to
authorize the taking, b eminent r domain proceedings, of a piece of land for
use as an easement for spray irrigation purposes.
19. Lakes of Carriage Hills - Discussion and possible action on:
a Declaration of Protective Covenants and Restrictions - Temp. Reso. #2997
b) Revised site plan for the model sales area to reflect a temporary drive
at Sabal Palm Boulevard East and sidewalks - Temp. Reso. 2999.
c) Sidewalk Easement - Temp. Reso. #2998
d) Renewal of a model sales permit for a facility located at 6180 Rock Island
Road.
e) Rezoning Petition #3-Z-82 to rezone lands at the northeast corner of Rock
Island Road and Sabal Palm Boulevard East, extending north toward Bailey
Road approximately 155-feet and eastv,,ard approximately 435-feet, from S-1
(Open Space/Recreational) to B-1 (Neighborhood Business) by Tem . Ord.
#1081. Second Reading. (Public Hearing held 1/25/84).
f) Request for extension of a sign waiver granted for a temporary directional
sign at the northeast corner of Commercial Boulevard and Rock Island Road -
Tem Reso. #3030.
26. Tamarac Town Square - Discussion and possible action on:
a Revised site plan for revisions to outparcel - Temp Reso. #3037
b) Release of a performance bond posted for public improvements upon receipt
of a one-year warranty bond - Temp. Reso. #3038
c) Release of a performance bond posted to guarantee completion of the canal -
Temp. Reso. #3039
d) Acceptance of the Bill of Sale for the water distribution system improvements -
Temp. Reso. #3040
27. Three Lakes Plaza - Revised Site Plan - Temp._ Reso. #3041 - Discussion and
possible action on a revised site plan for revisions to the parking lot.
Reconvened Council Meeting
March 1, 1984
Page 2
2$ Southgate
Gardens
action to call warranty bond posted
publ c
st Mission lakes Warranty Bond -
p or public
improvements.
35. Bisho Tracts - Discussion and possible action on:
a Tract 26 located on the west side of NW 88 Avenue, south of NW 81 Street)
1 Development Order - Temp. Reso. #2_9.41
2) Plat - Temp_. Reso. #2934
3) Development Review Agreement
4) Development Agreement - Temj�_Reso. #2935
b) Tracts 31 (located on the west side of NW 88 Avenue, north and west of
NW 77 St.)
1) Development Order - Temp. Reso. #2942
2) Plat - Temp. Reso. #2939
3) Development Review Agreement
4) Development Agreement - Temp. Reso. #2940
(Agendized by Consent 2/22/84) tabled from 1/30/84)
The City Council may consider and act upon such other business as may come before
it.
The public is invited to attend.
Carol A. Evans
Assistant City Clerk
Pursuant Wection 286.0105, Florida Statutes
If a person detidas . tp appeal NW decision made by the city
Council with respect to shy m*tbr Considered at such meeting or
hearing, he will need a raw d 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
RECONVENED CITY COUNCIL MEETI14G
(From February 22, 1984)
MARCH 1, 1984
Tape CALL TO ORDER: Mayor Walter W. Falck called the meeting
1 to order on Thursday, March 1, 1983 at 9:00 A.M. in the
Council Chambers.
ROLL CALL: PRESENT: Mayor Walter W. Falck
Vice Mayor Helen Massaro
Councilman David E. Krantz
Councilman Jack Stelzer
Absent and Excused: Councilman Philip B. Kravitz
ALSO PRESENT: City Manager, Laura Z. Stuurmans
City Attorney, Jon M. Henning
Assistant City Clerk, Carol A. Evans.
Secretary, Roslyn Brauner
Mayor Falck read the Notice of the Reconvened Meeting into
the record.
37. Temp. Ord. #1076 -- Circular Driveways- Discussion and
possible action.
SYNOPSIS OF ACTION: Agendized by
Consent. (See Page 2).
C/M Stelzer MOVED to Agendize by Consent, discussion on
circular driveways, at the request of the City Manager,
SECONDED by C/M Krantz.
VOTE:
ALL VOTED AYE
38. Reappointment of Mr. Bob Shurr. as Commissioner of
I3uman Relations - Discussion and possible action.
SYNOPSIS OF ACTION: Agendized by
Consent. (See Page 2).
C/M Krantz MOVED to Agendize by Consent, the reappointment
of Mr. Bob Shurr as Commissioner of Human Relations, as
the position terminates today. SECONDED by C/M Stelzer.
VOTE: ALL VOTED AYE
39. Installation of Sidewalk on Pine Island Road - Discussion
and possible action.
SYNOPSIS OF ACTION: Agendized by
Consent.' (See Pages 13 and 14).
C/M Stelzer MOVED to Agendize by Consent, the installation
of a sidewalk on Pine Island Road. SECONDED by C/M Krantz.
VOTE: ALL VOTED AYE
28. South ate Gardens East/Mission Lakes -- Warranty Bond -
Temp. Reso. #3042 - Discussion and possible action to
call a warranty bond posted for public improvements.
SYNOPSIS OF ACTION: Removed from
agenda as extension was provided.
C/M Krantz MOVED to remove Item #28 from the agenda as an
extension has been provided. SECONDED by C/M Stelzer.
VOTE: ALL VOTED AYE
Mrs. Melanie Reynolds of the Charter Board said that the
Charter Board does not approve -of agendizinq items by
consent and then taking action on those items,
37. Temp. Ord. #1076 - Circular Driveways - Discussion and
possible action. First Reading.
SYNOPSIS OF ACTION: Agendized by
Consent on Page 1. APPROVED as
Amended on First Reading.
City Attorney Jon Henning read the Ordinance by title.
V/M Massaro suggested this Ordinance be amended on Page 2,
Line 3, to read, "Less than nine (9) feet or more than
thirty (30) feet". She said this would meet the requirements
that already exist. In addition, Page 2, Line 13 should
read after the word "front", "Lot coverage restrictions
specified in Chapter 28 of the Code shall apply".
V/M Massaro MOVED to adopt Temp. Ord. #1076 as Amended, on
First Reading. SECONDED by C/M Krantz.
VOTE: ALL VOTED AYE
38.' Reappointment of Mr. Bob Shurr as Commissioner of Human
Relations - Discussion and possible action.
SYNOPSIS OF ACTION: Agendized by
Consent on Page 1. APPROVED ex-
tension of appointment for one year.
C/M Krantz stated that Council had appointed Mr. Bob Shurr as
Commissioner of Human Relations before a visit to Israel where
he had contact with Tamarac's Sister City, Kiryat Tivon.
C/M Krantz said Mr. Shurr's position terminates today and he
would MOVE to extend the appointment for another year.
SECONDED by V/M Massaro.
C/M Krantz said he would include in his MOTION that the appropriate
Resolution be prepared by the City Attorney for the next regular
meeting. The SECOND concurred.
VOTE: ALL VOTED AYE
35. Bishop Tracts - Discussion and possible action on:
a) Tract 26 (located on the west side of NW 88 Avenue,
south of NW 81 Street).
1) Development Order - Temp. Reso. #2941.
2) Plat - Tem . Reso. #2934.
3) Development Review Agreement
4) Development Agreement - Temp. Reso. #2935.
b) Tract 31 - (located on the west side of NW 88 Avenue,
north and west of NW 77 St.).
1) Development Order - Tem . Reso. #2942.
2) Plat -- Temp. Reso. #2939.
3) Development Review Agreement
4) Development Agreement - Temp. Reso. #2940.
(Agendized by Consent 3/33/84) (tabled from 1 30/84).
SYNOPSIS OF'.'ACTION: APPROVED a) 1), 2), RESOLUTION NO. R-84-��PASSED
3), 4) and b) 1), 2), 3), and 4). RESOLUTION NO. R-84--PASSED
RESOLUTION 140. R-84-PASSED
RESOLUTION NO. R-84-��PASSED
RESOLUTIONNO. R-84-�(n PASSED
RESOLUTION TdO. R-84-_jLj_PASSED
Mr. Steve Riggins representing Justus Homes, presented Council with
checks for the fol lowing - f e.e.s :
Tract 26 Tract 31
$30,234. - Drainage Retention $36,977. - Drainage Retention
82,928. - Recreation 63.389. - Recreation
2,246. - Drainage Improvements 2,747. - Drainage Improvements
Tracts 26 and 31
$40,000. - Voluntary contribution for traffic signal
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a 1) City Attorney Jon Henning Read the Resolution by title.
V/M Massaro MOVED to adopt Temp. Reso. #2941, approving the
Development Order for Bishop Tract 26. SECONDED by C/M Krantz.
VOTE: ALL VOTED AYE
a 2) City Attorney Jon Henning read the Resolution by title,
V/M Massaro MOVED the adoption of Temp. Reso. #2934, approving
the Plat for Bishop Tract 26. SECONDED by C/M Krantz.
VOTE:
ALL VOTED AYE
a 3) and a 4) City Attorney Henning explained that the two
Agreements were provided to Council and Tracts 26 and 31 are
shown on the reverse side of the Agreements as Exhibit "A".
He said the Bishop Stipulation, which was part of the court
orders, contained certain vested rights and specifications
for fees. The two tracts are on northwest 88 Avenue, north
of City Hall and run from 77 to 79 Street.
Mr. Henning stated that pursuant to the Development Review
Agreements, the developer is paying water retention fees,
drainage retention fees in lieu of land dedication and also
the $130.00 per acre fee for drainage improvements. The
recreation fees which are pursuant to the Stipulation were in
effect at the time of the Stipulation and were set out in
the revised copy of Dick Rubin's memorandum which was circulated
to Council.
The City Attorney said the second page of the Agreements
lists the fees for bonded improvements which are right turn
lanes, bus turns, sidewalks and cul de sac sidewalk at 90 Avenue
for Tract 26. The Agreements state that the Plats must be
approved by the County Commission after they are approved by
the Council; and if not approved by the County, the fees will
be refunded. Mr. Henning said assuming the Plats are approved
by the County, they will be recorded and progress will go from
there.
Mr. Henning stated the developer is depositing with the City,
$40,000.00 for the installation of a traffic signal on 88 Avenue.
The Agreements state that the traffic light is to be installed
within one year from the date of County approval of the Plat;
and if it is not installed within one year, the money will
be retained by the City in its signalization account and used
appropriately. He said the $40,000.00 covers the traffic
signal indicated in both Agreements, but only one light is
required. If it is installed, both Agreements would be credited.
V/M Massaro PROVED to adopt Temp. Reso. #2935, approving the
Development Agreement for Tract 26. SECONDED by C/M Krantz.
City Attorney Henning read the Resolution by title.
ALL VOTED AYE
V/M Massaro said that Items a 3) and a 4) should actually be
one item; and the same would apply to Items b 3) and b 4).
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b 1) City Attorney Jon Henninq read the Resolution by title.
V/M Massaro MOVED the adoption of Temp. Reso. #2942, approving
the Development Order for Bishop Tract 31. SECONDED by
C/M Krantz.
VOTE: ALL VOTED AYE
b 2) City Attorney Jon Henning read the Resolution by title.
V/M Massaro MOVED the adoption of Temp. Reso. #2939 approving
the Plat for Tract 31. SECONDED by C/14 Krantz.
VOTE: ALL VOTED AYE
b 3) and b 4) City Attorney Jon Henning read Resolution #2940
by title and explained that the Agreement for Tract 31 is
similar to the one for Tract 26. Ile Said the Bishop Stipulation
also applies to Tract 31.
Mr. Henning said because Tract 31 has a lesser density, the
recreation fees are slightly smaller. The drainage retention
fees are paid in lieu of land dedication, as they are for
Tract 26. He said the $130.00 per acre fee is paid for drainage
improvement fees. The bonded improvements for Tract 31 are
slightly different and are right turn lanes, left turn lane
on the 88 Avenue median and sidewalks; and the bond for these
improvements was received today.
The City Attorney stated that the Agreement for Tract 31
also provides for one year from approval of the Plat by the
County for the installation of the traffic light; otherwise,
the $40,000.00 will be retained by the City for their traffic
improvement account and used accordingly. He said as in
Tract 26, if the Plat is not approved by the County, the
money will be refunded.
V/M Massaro MOVED the adoption of Temp. Reso. #2940, approving
the Development Agreement with Justus Homes for Tract 31.
SECONDED by C/M Krantz.
VOTE:
ALL VOTED AYE
City Attorney Henning explained that there are Development
Review Agreements for both tracts, as well as Development
Agreements. Ile said the Development Review Agreement is the
standard form used for all developers. He said the original
Development Agreements were signed by the developer on
November 17, 1983, and he would recommend approval by Council
of both Agree.ments,in separate Motions.
a 3) V/M Massaro MOVED the adoption of the Development Review
Agreement for Tract 26 for Justus Homes, dated and signed
by the developer on November 17, 1983. SECONDED by
C/Pl Krantz.
VOTE: ALL VOTED AYE
b 3) V/M Massaro MOVED the adoption of the Development Review
Agreement for Tract 31 for Justus Homes, dated and signed
by the developer on November 17, 1983. SECONDED by
C/M Krantz.
VOTE: ALL VOTED AYE
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4. Investment Advisory Committee - Temp. Reso. #2982 - Discussion
and possible action to appoint members to this committee.
SYNOPSIS OF ACTION: TABLED to
Special Meeting of 3/7/84.
Mayor Falck said he has completed the interviews and is
awaiting the decisions of those individuals interviewed and
will make a recommendation at the Special Meeting on Wednesday.
C/M Krantz MOVED to table this item to the Special Meeting of
March 7, 1984. SECONDED by C/M Stelzer.
VOTE:
ALL VOTED AYE
27. Three Lakes Plaza - Revised Site Plan -- Temp. Reso. #3041 -
Discussion and possible action on a revised site plan for
revisions to the parking lot.
SYNOPSIS OF ACTION: TABLED to
next regular meeting.
V/M Massaro MOVED this item be tabled to the next regular
meeting. SECONDED by C/M Kravitz.
VOTE:
ALL VOTED AYE
8. Tamarac Park Recreation Center - Discussion and possible
action to approve the preliminary working drawings for
the new building.
SYNOPSIS OF ACTION: APPROVED,
authorizing staff to proceed with
the new building.
City Planner Dick Rubin said he feels this is an excellent
proposal, and it is hoped to break ground within the next
two weeks for the new Recreation Center at Tamarac Park,
and he would request Council authorization to proceed according
to the drawings dated February 27, 1984.
C/M Stelzer asked whether the City must go to bid for construction
of this building; and Mr. Rubin stated that it was part of
Council's original Motion that all the major items must go to
bid and he will return to Council for approval.
C/M Krantz MOVED to approve the preliminary working drawings
and authorized staff to proceed with the new building. SECONDED
by V/M Massaro.
1 IGUIFffic
ALL VOTED AYE
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14. Woodmont Golf Course - Temp. Reso. #3044 -- Temp. Reso.
#3044 - Discussion and possible action to authorize
the taking, by eminent domain proceedings, of a piece
of land for use as. an easement for spray irrigation
purposes.
SYNOPSIS OF ACTION: APPROVED RESOLUTION NO. R-84- 6-3 PASSED
C/M Stelzer read the Resolution by title.
C/M Stelzer MOVED the adoption of Temp. Reso. #3044 to take
the easement by eminent domain. SECONDED by C/M Krantz.
VOTE: ALL VOTED AYE
26. Tamarac Town Square - Discussion and possible action on:
a) Revised site plan for revisions to outparcel - Temp.
Reso. #3037.
b) Release of a performance bond posted for public improvements
upon receipt of a one-year warranty bond - Temp. Rdso. #3038.
c) Release of a performance bond posted to guarantee com-
pletion of the canal - Temp. Reso. #3039.
d) Acceptance of the Bill of Sale or the water distribution
system improvements - Temp. Reso. #3040.
SYNOPSIS OF ACTION: a) TABLED to RESOLUTION NO. R-84- g PASSED
next regular meeting. b)-APPROVED RESOLUTION NO. R-84-PASSED
subject to receipt of 1-year warranty RESOLUTION NO. R-84-_&�/�PASSED
bona for $38,958.75. c) and d) APPROVED.
a) C/M Stelzer read the Resolution by title.
Mr. Dan Oyler representing Craven & Thompson stated that this
area is today being leased to another gentlemen.. lie said the
property owner called him this morning and there has been a
problem with the contract negotiations, and they would like
to postpone Item a) for a few weeks,until everything
is worked out.
V/M Massaro MOVED this item be tabled to the next regular
meeting. SECONDED by C/M Krantz.
VOTE: ALL VOTED AYE
b) City Attorney Jon Henning read the Resolution by title.
V/M Massaro MOVED the adoption of Temp. Reso. #3038,subject to
;receipt of a one-year warranty bond in the amount of $38,958.75.
SECONDED by C/M Krantz.
VOTE: ALL VOTED AYE
c) City Attorney Jon Henning read the Resolution by title.
V/M Mas.saro MOVED the adoption of Temp. Reso. #3039 releasing
the $10,000.00 cash bond posted to complete canal excavation.
SECONDED by C/M Krantz.
VOTE: ALL VOTED AYE
d) City Attorney Jon Henning read the Resolution by title.
V/M Massaro MOVED the adoption of Temp. Reso. #3040, accepting
the Bill of Sale for the water distribution system improvements.
SECONDED by C/M Krantz.
VOTE: ALL VOTED AYE
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19. Lakes of carriage Hills - Discussion and possible action on:
a) Declaration of Protective Covenants and Restrictions -
Temp. Reso. #2997.
b) Revised site plan for the model sales area to reflect
a temporary drive at Sabal Palm Boulevard East and
sidewalks - Tem Reso. #2999.
c) Sidewalk Easement - Temp.Reso. #2998.
d) Renewal of a model sales permit for a facility located at
6180 Rock Island Road.
e) Rezoning Petition #3-Z-82 to rezone lands at the
northeast corner of Rock Island Road and Sabal Palm
Boulevard East, extending north toward Bailey Road
approximately 155-feet and eastward approximately 435-feet,
From 5--1 (Open Space/Recreational) to B-1 (Neighborhood
Business) by Temp. Ord. #1081. Second Reading.
(Public Hearing held 1/25/84).
f) Request for extension of a sign waiver granted for a
temporary directional sign at the northeast corner of
Commercial Boulevard and Rock Island Road - Temp.
Reso. #3030.
g) tiaater and Sewer Agreement.
h) Revised site plan for reduction of ninety units, Temp. Resc.#3041
YNOPS.IS OF ACTION; a) APPROVED as Amended., RESOLUTION NO. R-84-,5'V PASSED
U and c) hPPROVED with conditions. RESOLUTION NO. R--84-S� _PASSED
d) APPROVED for six months from 11/27/83. RESOLUTION NO. R-84- PASSED
e) APPROVED on Second and Final Reading. ORDINANCE NO. 0-84- � PASSED
f) APPROVED for one year from 3/10/84 subject RESOLUTION NO. R-84-,,-�PASSE
to further authorization from property owner. RESOLUTION NO. R-84-� PASSD
g) Agendized by Consent and then APPROVED as
Amended. h) Agendized by Consent and then
APPROVED subject to developer returning to
Council in two weeks to show parking revisions.
V/M Mass�.ro I"OVrD to AgenCizr, by Consent Items 19 g) Water c;nd
Sewer Agreement and 19 h) Revised S;.te Planfor reduction of
ninety Units, Temp, Reso. ;3046, to round out their full program.
SECONDED by C/M Krantz.
VOTE:
ALL VOTED AYE
Tape a) City Attorney Jon Henning read the Resolution by title. He said
2 the amount of $106,575.00 represents the Recreation fees of approxi-
mately $112,500.00, less a credit for the area referred to as the
triangle which is Parcel "E", bringing the fee down to $106,575.00.
The City Attorney stated that the Declaration of Protective
Covenants and Restrictions has been revised several times and there
have been many meetings between the City, the developer and the
nearby residents. He said there is now an Agreement which he feels
is a compromise of everybody's interests and this is being offered
for Council's acceptance, so that the rezoning can subsequently
be considered.
Mr. Henning said he distributed to Council a revised copy of the
February 7th Agreement. He said at the last meeting, a few of the
restrictions were removed. The art school, indoor athletic club,
awning store sales only, burglar alarm company, retail air conditioninc
equipment, dress shop and seamstress shops are deleted from the re-
strictions; and assuming there are tenants who wish to operate those
businesses, they will be permitted.
C/M Stelzer asked if this was approved by the homeowners; and
Mr. Henning said he believes it was.
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The City Attorney said the reason for the deletion is that
there was a misunderstanding in Paragraph "C" regarding the
conveniencestores which the City had.a concern for since the
very beginning. He said there was an_understandinq with the
developer that convenience stores would be restricted from
only half of the property, and they would be allowed on
the other half. The new Agreement restricts convenience
stores from the entire parcel, and that is the reason it
was felt additional uses should be permitted. He said
the traditional convenience stores which have been a concern
to the City, have been restricted by the Covenant; and
language was added to the Agreement to increase the
restrictions from 3,000 square feet to 4,000 square feet.
It is also stated that this language shall not apply to
delicatessens, specialty or ethnic grocery stores because
these gourmet type stores are not a concern to the City.
Mr. Henning stated that the Agreement contains the language,
"and other similar uses". He said he was under the impression
that the words "specialty stores" would be broad enough to
cover this; and he asked Mr. Smith whether the developer
would agree;, Mr. Smith stated for the record, that
the developer does not desire to prohibit certain types of
specialty stores such as delicatessens and ethnic grocery
stores, but it is desired to prohibit a certain type of
convenience store.
VIM Massaro said the Agreement already refers to delicatessens
and other types of specialty stores and she does not understand
why the language, "and other similar uses" should be included.
She said that language was not recited to the individuals who
are involved and it was understood tho3e words would be removed.
The Vice Mayor said she feels the language in the Agreement
covers everything that would be acceptable to the people,
but eliminatesthe undesirable type of stores that bring
problems to the City. She said it was also her understand-
ing it was agreed with Mr. Henning, that these four words
would be deleted from the Agreement.
Mr. Smith said the developer is looking to the future, and
there might be similar uses that are not exactly ethnic
grocery stores but similar to them,which would not present
any problems to the City. He said it is impossible to
determine what will happen in the future, but the Agreement
does prohibit the things Council is concerned about.
He said once the Agreement is recorded in the public records
of Broward County, it is out of the hands of the City'and
the developer;and the developer cannot just return to Council
to change the Agreement.
VIM Massaro said in the future, the developer could request
a change in the Agreement; and Mr. Smith said that would
present a problem because if a change were desired, everyone
in the Homeowners Association would have to approve it, as
well as the Council.
Mr. Smith said the developer will not change the Agreement; and Mr.
Henning suggested a five-minute recess in order to resolve
this with Mr. Smith.
THE MEETING WAS RECESSED FOR FIVE MINUTES.
The meeting was called to order.
Mr. Henning stated that the sentence in question is the
last paragraph of 1C, and originally it read, "This paragraph
shall not apply to delicatessens, specialty or ethnic grocery
stores or similar uses". He said it was suggested as a
compromise that this read, "This paragraph shall not apply to
delicatessens, ethnic or other similar specialty grocery stores".
The City Attorney stated for the record, if this is ever
researched, it will be found that it is the intention of both
sides to prohibit the traditional convenience store from the
entire parcel in question.
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Mr. Henning said in Paragraph 9, a sentence was added to
clarify that the parties agree the master list of permitted
uses as provided in Section 28-171 of the Code, which may
be amended from time to time, shall apply to the development
of the property, except as otherwise prohibited herein.
The City Attorney explained that this means the City still
has the authority to amend the allowed business uses, which
is found in Chapter 28 of the Code; but these are specifid—.
restrictions. It is also understood that any rules regarding
Special Exceptions, Liquor Licenses or other required permits,.
obviously are still required; but these are exclusions from
the use of the property.
V/M Massaro MOVED the .adoption of Temp. Reso. #2997, as
amended on Page 3, to read, "delicatessens, ethnic or other
similar specialty grocery stores". SECONDED by C/M Krantz.
VOTE:
ALL VOTED AYE
b) City Attorney Jon Henning read the Resolution by title.
V/AZ Massaro MOVED the adoption of Temp. Reso. #2999 issuing
the development order for the revised plan for Lakes of
Carriage Hills model sales area, sJubject to construction
of `a 'five-foot sidewalk from Sabal Palm Boulevard to Rock
Island Road, to be completed by April 4, 1984. SECONDED by
C/M Krantz.
VOTE:
ALL VOTED AYE
c) City Attorney Jon Henning read the Resolution by title.
He a:xplained that there is an understanding there will be a
quit claim deed granted to the Homeowners Association for the
S-1 triangle, which is Parcel E under the Agreement; and
that the quit claim deed is to be recorded and a copy of the
recorded deed is to be furnished to the City by April 4, 1984.
V/M Massaro MOVED the adoption of Temp. Reso. #2998, subject
to the language of the City Attorney as far as the quit claim
deed for the triangle is concerned; and that it must be produced
by the meeting of April 4, 1984. SECONDED by C/M Krantz.
VOTE:
ALL VOTED AYE
d) City Attorney Henning stated this has been extended from
meeting to meeting, and the six month extension would be retroactive
to November 27, 1983,and expire on May 27, 1984.
V/M Massaro MOVED the approval of the renewal of the model
sales permit for the facility located at 6180 Rock Island Road,
for a period of six months from November 27, 1983, to expire
on May 27, 1984. SECONDED by C/M Krantz.
VOTE:
ALL VOTED AYE
e) City Attorney Jon Henning read the Ordinance by title.
V/M Massaro MOVED to approve Temp. Ord. #1081 on Second and
Reading, rezoning the S-1 parcel (Open. Space/Recreational)
to B-1 (Neighborhood Business) on which the public hearing
held on January 25, 1984. SECONDED by C/M Krantz.
VOTE: ALL VOTED AYE
Final
was
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f) City Attorney Jon Henning read the Resolution by title.
He explained that the sign waiver will expire on March 10,1984
and the request is for a one-year extension. The $25.00 fee
was paid on February 8, 1984.
V/M Massaro MOVED the approval of Temp. Reso. #3030 granting
an extension for one year to the waiver of the sign Ordinance
requested by Lakes of Carriage Hills, from March 10, 1984,
subject to further authorization from the property owner
where the sign is located. There is an open authorization
but the owner could revoke it at any time. SECONDED by
C/M Krantz.
VOTE: ALL VOTED AYE
g) City Attorney Henning said the fee for the Water and Sewer
Agreement is $203,856.25. He stated this Water and Sewer
Agreement was prepared in the same format as the Ashmont
revised Water and Sewer Agreement, which does not involve
this developer.
Mr. Henning said that. Council will consider a revision
to the site plan at this time, assuming the Water and Sewer
Agreement is approved. He said the original site plan was
for 534 units plus two recreation buildings.
The developer is requesting to reduce the units to 444,
as reflected in the Agreement. He said the footprint of the
building is not changing but the apartments are becoming
slightly larger to absorb the units that are being removed.
Iie stated the original Water and Sewer Agreement was entered
into back in November 1982, and this is recited in the
Agreement,and was for the larger amount of connections.
He said on February 25, 1984, there was a commitment under
that Agreement, for the 100% takedown. They had paid for
25% of the original connections,and they would have been
entitled to :Make the remaining amount.
Mr. Henning said they will be paying for ninety connections
more than are needed; and the reason. for the Water and
Sewer Agreement is to reduce the commitment by ninety units.
He said page two contains a review of the dollars involved
and the payments that had been made up to 1982. They need 2-1/2
ERC!s for the Recreation Center and that had been purchased
earlier and the cost was $1,625.00. Fie stated that an additional
ERC is needed for a new Satellite Recreation Center and that
will be at the new rate of W 5.00,
The City Attorney stated for residential use, the equivalent of
132 units were purchased. They built 105 at the rate of one ERC
equals one unit, and the additional building of 27 units
would equal one unit per ERC. He said the basis of the 132 unit
figure is the equivalent of the units that were purchased in the
25% takedown. An additional 312 units are being purchased today at
a 2/3 ERC rate. It is still the same price per unit, but it is
a 2/3 rate of $975.00 which is the new rate, and the cost of
the additional, units will be $202,800.00. There is a total of
444 residential units, and applying 2/3 per ERC on some of them
under the new formula, is 340 ERC's. The total contribution
charge for the contract is $291,200.00;and applying the credit
which dates back to 1982 and the various payments made up to
that point,gives them a credit of $87,343.75; and that is how
the total of $203,856.25 which is due today, was figured.
Mr. Henning said the essence of the Agreement is that as far
as delinquencies are concerned, the only payments now due would
be the guaranteed revenues, as there are no further contribution
charges.
The City Attorney said this Agreement covers sewer service only
as they are obtaining their water service from Broadview. He
said this is mentioned in the Agreement on Page 4, Paragraph 7. He
requested the City be advised if the water service is changed.
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The City Attorney stated that the language in paragraphs
3 and 4 is the same language contained in the:form contract
the City has been using for many months, or longer. The
only payments which will be due are for guaranteed revenues,
and once the meters are hooked up, the accounts will be billed.
He said it is stated in paragraph 5, that the capacity is being
reduced to 444 residential units plus 3-1/2 non-residential
units for recreational purposes.
Mr. Henning said Exhibit "D" needs verification from the
engineer of the units and the ERC's per building. He said
this exhibit shows that Building 12B has been constructed
as of the date of the contract; and Building 11 of 27 units
will have 27 ERC's, which were purchased back in 1982.
The remaining units are those where the 2/3 ERC formula applies;
and they are being purchased at this time. He said this exhibit
will be used by the Finance Department when guaranteed revenues
are billed. They have been paying the guaranteed revenues,
but will now pay them on the reduced amount of 444 units,
less any meters which have already been installed. Mr. Henning
stated it should be understood that the guaranteed revenues
are all due and have been billed and paid but the new rates
will come into effect at this time.
The City Attorney said the Agreement is an old document,
and the document that is before Council today is an amendment.
Therefore, when it is stated that fees are due two years from
the date of the Agreement, they are actually due two years from
the date of the old Agreement; and this is so stated on the
front page.
Mr. Henning said when the developer provides the City with the
reductions after approval of the site plan, Exhibit "E" which
is the Sales Agreement., will be substituted.
V/M Massaro suggested no action be taken on the Water and Sewer
Agreement until Item h) is considered.
h) City Attorney Henning said the site plan was revised due to
the reduction of units to 444. He explained that since the
number of units has been reduced, all of the parking spaces
.referenced in the original site plan will not be required.
A question has arisen as to where the parking spaces will be
removed. He said the total spaces will go from over 1,000 to
950, and there has been a lot of discussion as to where these
spaces should be eliminated. There was some contact with the
residents of Buildings 12A and 12B, as there is a limited number
of spaces available for those buildings. Mr. Henning said the
City is requiring that the six spaces be taken out and the island
removed. There is a parking lot light and a few trees, and these
will have to be relocated. There is to be perpendicular parking
along the sides of the cul de sac area. It is believed that
eighteen spaces instead of six can go into that area, which
will be a net gain of twelve parking spaces which could be
used for guest parking or another purpose; and the developer
has agreed to this change.
City Planner Dick Rubin explained that originally, there were
1,075 parking spaces required. When the number of units was
reduced by ninety, the parking spaces required was reduced to 867.
However, the developer has voluntarily offered to provide 950
spaces, which far exceeds the requirements of the Code. He
said it is now recognized that twelve additional spaces will
be provided in one area, and also a few more spaces are needed
at Building 5.
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Mr. Rubin said that Council is now being requested to approve
a revision to the site plan showing the reduction of ninety
units. The developer is also asking they be given a few
days to revise the parking. IIe said there are two buildings
which have a large parking lot and possibly that area could
be reduced; and the developer is requesting that staff work
with them next week to finalize the situation.
V/M Massaro said she understands that the developer now
agrees to put in all the parking spaces that will fit into
the area, according to the Code, and to remove the light and
small median and relocate them to a more appropriate location.
She said the developer is also required to install a wood
fence along the back of the property; in order to separate
their property from the adjoining property. She said this
was indicated on the original site plan as well as on the
revised site plan. She stated the fence is necessary
Tape because the people from the adjoining project are using the
3 parking spaces that belong to the residents of Lakes of
Carriage Hills, and,then walking across the ten feet to their
apartments; and the residents of Lakes of Carriage Hills do
not have a place to park their cars.
Mr. Rubin showed the location of the required fence on the
plan, and it was agreed to and initialled by the developer
that this fence would be installed.
Mr. Rubin explained that these revisions are shown in yellow
on the revised site plan. For example,.it is indicated
that at Building 11, there will be three additional parking
spaces and at Building 12, two additional spaces.
V/M Massaro inquired about Building 5. She said she checked
that area and found there to be a problem as far as the
parking is concerned; and Mr. Rubin said the developer feels
there might be sufficient space to add two parking spaces,
and that is why they have asked that staff review the situation.
V/M Massaro asked whether placement of the additional spaces
has been determined; and Mr. Rubin stated that two spaces
were found adjacent to the building, and there might be more. He said
it is desired to do this thoroughly the first time.
V/M Massaro said this is not the customary procedure. However,
she knows the developer is trying to work with the City and
is agreeing to put in 950 parking spaces at the appropriate
locations so as not to inconvenience any building to a greater
extent than is absolutely necessary. She said this is to be
done within the next two weeks and meanwhile, the revised
site plan will be approved today with the understanding the
developer will return to Council at the next regular meeting
to show where the parking spaces will be provided and which
spaces will be eliminated.
Mr. Smith said the thought was that the developer is agreeing
to place 950 spaces on the project, which is 90 more than is
necessary. It was felt that as the buildings are constructed,
the adjustments could be made in the field, as that would be
the best way to do it.
Mayor Falck suggested the developer work with the City Planner
and if there is a problem, this return to Council.
Mr. Rubin said he will send a memorandum to Council after this
situation has been reviewed, as Council might wish to address
this at the next meeting.
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V/M Massaro said she does not agree that the parking spaces
should be constructed after the buildings have been completed.
She said a site plan should reflect the required unit parking
as well as the guest parking at this time.
Mr. Smith said he will return to Council in two weeks with
the revised parking.
V/M Massaro MOVED to approve the revised site plan subject
to the developer returning to Council in two weeks to show
the revisions to the parking plan. SECONDED by C/M Krantz.
VOTE:
ALL VOTED AYE
g) Mr. Henning said he has already discussed the Water and Sewer
Agreement, and the fees which are due are in the amount of
$203,856.25, as shown on Page 2.
V/M Massaro MOVED the approval of the Water and Sewer Agreement,
with the payment of $203,856.25 for the ERC's which are due
under the terms of the Agreement. SECONDED by C/M Krantz.
VOTE: ALL VOTED AYE
Payment was: made to Council for Water and Sewer Agreement fee in the
amount of $203,856.25, Recreation fee. of $106,575.00 and Site Plan
Review fee of $400.00.
39. Installation of Sidewalk on Pine Island Road - Discussion
and possible action.
SYNOPSIS OF ACTION: Agendized by
Consent on Page 1. Authorization given
to install 3-foot walk,as per memo from
Greg Turek. City Manager to return to
Council with budget adjustment at next
regular meeting.
C/M Stelzer said at the last Council meeting, there was a
discussion on the possibility of installing a sidewalk along
Pine Island Road so that people walking from McNab Road toward
57 Street and up to the Temple would have a place to walk
without being endangered by the cars racing along Pine Island Road.
Mr. John Lachmann,resident, asked whether this will be an
asphalt or concrete sidewalk; and C/M Stelzer said it will be
asphalt.
City Manager Stuurmans said the cost would be $10,000.00, exclusive
of the labor costs which would be there regardless, as thev will
be diverted from one project to another. She said Greg Turek
has indicated in his memorandum, that the cost would be for a
four -foot walkway.
City Attorney Henning said this will be an asphalt walkway which
will be temporary for a matter of years, and a four -foot walkway
may be acceptable.
V/M Massaro said since this is a temporary walk, she would
ask whether it would have to be four feet as. possibly
it could be three feet. She said the four -foot sidewalk would
cost $2,500.00 more than a three-foot sidewalk.
Mr. John Lachmann asked what the length of this sidewalk
will be; and City Manager Stuurmans said it will be 4,200 linear
feet.
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C/M Krantz asked whether that would cover the full distance
up to the temple; and City Manager Stuurmans said it would.
V/M Massaro asked whether this would eliminate the sidewalks
that have already been installed; and the City Manager said
it would be only the area the City will have to install.
V/M Massaro MOVED to authorize the installation of the asphalt
walk as indicated in the memorandum from Greg Turek dated
February 27, 1984, with the change that the walk be three -feet
instead of four -feet, and the cost of the material to be
adjusted accordingly. SECONDED by C/M Krantz.
Vn'T' F.
ALL VOTED .AYE
City Manager Stuurmans said she will return to Council with
the budget adjustment covering this at the next regular meeting.
THE MEETING WAS ADJOURNED AT 11:00 A.M.
ATTEST:
ASSISTANT CITY CLERK
This public document was promulgated at a cost of $133.99
or $3.71 per copy to inform the general public and public
officers and employees about recent opinions and considerations
by the Council of the City of Tamarac.
CIT Y OF LVNIAPIAC
AHRGVED AT MEETING OF �
City Clerk