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HomeMy WebLinkAbout1982-01-19 - City Commission Reconvened Regular Meeting Minutes5 R I I N is tt _.i_ i.- W i_ S 1- 2 £3 °.F H is it E N tJ C. _i. A M A R A C, 333 '2 'xE._EPHONE. (:30-9) 7225POO January 14, 1982 NOTICE OF RECONVENED COUNCIL. MEETING There will be a reconvened City Council meeting on Tuesday, January 19, 1982, at 2:30 p.m., in the Council Chambers at City Hall, 5811 N.W. 88 Avenue, Tamarac, Florida 33321. The items remaining from the Council Agenda of January 14, 1982, to be considered are as follows: lO.c) Social Services - Discussion and Possible Action on authorization to Staff to purchase a 15-passenger van. Agendized by Consent. 11. Parks Grant Application - Discussion and possible action to authorize a modification to a grant application for funding for City parks which was submitted to the Florida Department of Natural Resources. 20. Fairways - Bld s. C & D - Bond Release - Temp. Reso. #2108 - Dis- cussion and possible action to release this letter of credit posted for on -site and off -site improvements upon receipt of a one-year warranty bond (tabled from 12/9/81). 21. Fairways III & IV - Discussion and possible action on interest pay- ments under the Water and Sewer Developers Agreement. 24. Concord Village II - Discussion and possible action on: aT Possible rescission of site plan approval (tabled from 12/9/81). b) Approval of Consent of Assignment of Water and Sewer Developers Agreement. Council may consider such other business as may come before it. The public is invited to attend. CAROL A. EVANS ASSISTANT CITY CLERK nt to Chapter 80-105 of Florida law, Senate Bill No. 368: ( person decides to appeal any decision made by the City acil with respect to any matter considered at such meeting or Baring, he will need a record the proceedings and, #or such purpose, he may need to ensure that a verbatim record includes the testimony and evidence upon which tho appeal is to be based. CITY OF TAMARAC RECONVENED CITY COUNCIL MEETING JANUARY 19, 1982 (from 1/13/82) CALL TO ORDER: Mayor Falck called the meeting to order at 2:30 P.M. Tuesday, January 19, 1982, in the Council Chambers. ROLL CALL: PRESENT: Mayor Walter W. Falck Vice -Mayor Irving M. Disraelly Councilwoman Helen Massaro Councilman Irving Zemel Councilman Philip B. Kravitz ALSO PRESENT: City Manager Laura Z. Stuurmans City Attorney Arthur M. Birken Assistant City Clerk Carol. A. Evans 24. Concord Village II -- Discussion and Possible Action on: a Possible rescission of site plan approval (tabled from 12/9/81). b) Approval of Consent of Assignment of Water and Sewer Developers Agreement. SYNOPSIS OF ACTION: a) No Action needed b) APPROVED. Attorney Birken said that Council approved the project named Concord Village II back in June, 1980. In June, 1981, Council authorized execution of a modified water and Sewer Developers Agreement with the developer of this project. That agreement was recently executed by the developer and has been executed by the city and is ready to be recorded. However, the original developer of the project has assigned its interests to the Shell Oil Co. and the city is not interested as a matter of law in the overall assignment of these developers rights as a project. However, the city is interested in the assignment of the developer agreement and Council may consider the b) portion of this item. There have been some delinquent payments for interest charges on ERC's and Council has received a check in the amount of $36,000 which represents payment for all back monies and a prepayment of interest for January, February, March, April and$1,456.80 partial prepayment for the month of May. The City Attorney said there is no action needed on the a) portion of this item; on the b) portion he recommended that Council authorize execution and consent to the assignment of the developer agreement, so both can be recorded. Julian Bryan, representing Shell Oil Co., said that they anticipate in June, 1982 they would be prepaying the required 25% connection which is the requirement under the developers agreement that has been assigned from Harlon to Shell Oil and at that time they will have to take about 25% of the units at $1,000 per unit C/W Massaro said for those who have to take Portion of this; for the month of May they against the monthly fee of $3,454.32 which care of the Financial are prepaying $1,456.8.0 would be due in that month. - 1 - - 1/19/82 /PM C/W Massaro said that the balance of $3,454.32 less $1,456.80 is the amount that they owe for the month of May. At that time, Mr. McKay said that the check would be forthcoming and whatever else they chose to do in anticipating the payment for the take -down of the units may be addressed at that time. Finance Department does need to know this. V/M Disraelly asked the City Attorney if the site plan is valid for two years, and the City Attorney said it has been approved for the second year. Mayor Falck said no action is needed on the a) portion of this item; therefore, C/W Plassaro MOVED the APPROVAL of the assignment of the developers agreement as has been forwarded to all members of Council and has been signed by the applicant. SECONDED by V/M Disraelly. VOTE: ALL VOTED AYE 20. Fairways - BldcL, . C & D Discussion and Possible Posted for on -site and one-year warranty bond SYNOPSIS OF ACTION: APPROVED Temp. Reso. #2108 I.The meter room door is to be repaired by 2/l/82 and the Chief Building Officer is to follow through on this. - Bond Release - Temp. Reso. #2108 - Action to release this letter of credit off --site improvements upon receipt of a (tabled from 12/9/81). RESOLUTION NO. R- ?7: PASSED. Attorney Birken said he has modified the Resolution and he read this by title. The City Attorney said it is his understanding that the developer has agreed to pay the open items or to transfer payment of the amount of water and sewer revenues interest payments on the out- standing project and the $6,000 plus $3,000, which originally wad. intended to be a Market Bond, would be applied both to outstanding monies and as a partial prepayment. There is a letter in writing on the $6,000 and one is needed on the $3,000 payment. V/M Disraelly asked if it should be indicated that a warranty bond is necessary. The City Attorney said it is not needed. C/W Massaro said that Mr. Kaliff has indicated that, in view of the fact that a warranty bond is no longer necessary, he would be willing to apply the amount of $3,521.75 toward whatever is due because the actual amount of money due under the arrears through January would be $7,002.00. The .$6,000 cash bond plus this check for $3,521.75 brings it to $9,521.75 subtracting $7,002.00 leaves a prepayment of $2,519.72. Mr. Holtel presented Council with a check in the amount of $3,521.75. Hilda Gianfela�., President of the Tamarac Fairways Association, Inc., said she was Present to object to the release of the monies to the Tamway Corp. because on -site improvements have not been made such as were signed to by Mr. Kaliff. She showed Council pictures of items not completed; of a recent attempt to repair the corner that is chopped up every time the dumpster has to pass it in order to get to the dumpster room. She showed a picture of the meter room metal door which Tamway has been informed does not close and cannot close. The runway to go to 84th Terrace in back of D Building to accommodate a dumpster run has not been started. Phone calls have been made from the Association to Tamway suggesting a meeting but no effort has been made on Tamways' part. - 2 - 1/19/82 /pm V/M Disraelly said in reference to Building Official, dated November a conversation with Mr. Kaliff in would be taken care of. a memo from Al Miller, Chief 30 in which Mr. Miller referred to which he assured him the metal door Mr. Holtel said there are problems that must be corrected and Tamway is willing to correct them but they were unable to enter the property. There are negotiations in progress between the attorneys for Tamway and the attorneys for the Association; therefore, this has held up matters somewhat. Mrs. Gianfela) said that on January 7 some scaffolding appeared in the C Building. No one on the Board was advised that the Tamway people were coming in to repair structural work. The Association attorney advised that the Tamway people were not supposed to be there unless they advised the Board for permission first. The engineers must know what work they will be doing. Prior to January 7 they were always permitted on the premises. Therefore, she said she cannot understand why the city would consider payment to Tamway when the on -site improvements have not been made. C/W Massaro requested the appearance of the City Engineer, Larry Keating and the Chief Building Official Al Miller. She said the bond usually is not for on -site work, and she wanted to know if they are in violation of the South Florida Building Code. Mr. Holtel said the repair done on January 7 was a cosmetic problem to the expansion joint; it was not a structural defect. This has been fixed but not painted. There is a South Florida Building Code violation with the metal door to the meter room. The Building Department has notified Tamway of the violation and they are willing to correct this once arrangements have been made with the Board. Attorney Birken said litigation between builders and homeowners is very common and frequently it is alleged that there is improper construction. This is a matter for a jury or a judge to decide; the city becoming involved would open the door for becoming involved in future cases and this is not advisable. C/W Massaro asked Mr. Keating if the bond is for on -site improvements or off -site improvements. Mr. Keating said the $6,000 bond is for all on -site improvements to his knowledge. Mr. Holtel said he disagreed totally. Mr. Holtel said the $6,000 cash bond that was originally submitted was at the time Council approved the site plan for Bldgs. C & D for the problems that had been passed over in Phase l consisting of headwalls, drainage problems , roof drains. These problems were corrected approximately 1-1/2 to 2 years ago.and released by the City Engineer. These are off -site improvements on the other side of 61st Street. The City Engineer said he interprets Council's question to be whether the improvements are public or private, which is normally what is meant by on -site or off -site. in this case, the improvements are private since they are in the parking lot and not the street drainage. All the facilities in the condominium are in private ownership, not public. Mayor Falck asked the City Engineer if he would recommend the bond be released. The City Engineer said in February, 1981 it was recommended that the $6,000 cash bond be released. Everything under this bond was completed. C/W Massaro stressed that only items covered under this bond are at issue here. V/M Disraelly asked Al Miller about the memo sent on November 30 stating that this metal door would be taken care of. Mr. Miller said he will check into this further. =M 1/19/82 /pm Mr. Holtel said the meter vent in the bottom of the done within two weeks. room must be vented, they will install a door and repair the door. This should be C/W Massaro said it should be made clear that if Mr. Holtel attempts to do this work that is required and is not permitted entrance to do this work, this must be followed immediately with a registered letter with return receipt requested so that the city's department would be able to follow this through. The Council does not want to hear that Tamway was not allowed entrance but proof would have to be furnished. Al Miller said he will make a note to inspect this in two weeks and appropriate action will be taken if this is not completed. The City Engineer said that upon further checking the items of work guaranteed by the $6,000 bond have been complete and accepted by the City Engineering Department with one deviation; originally they were to install catchbasins to collect roof drainage. Working with the Building Department, the City Engineering Department decided this was not a practical solution to the problem and recommended that they install splash blocks under the culvert for the down spouts, which has been done, and has worked satisfactorily. All the work under this bond has been completed. Mrs. Gianfela asked about the pathway that should have been put up in the back of the building in the dumpster area to 84th Terrace. V/M Disraelly has proof of Mr. Y.aliff having signed off on a correction to the site plan that this would be done. V/M Disraelly said the site plan showed that a sidewalk will be installed. C/W Massaro said this did not come under this particular bond. V/M Disraelly asked the City Attorney if this was shown on the site plan, does this mean that it must be installed? The City Attorney said that this language was not in the ordinance that was in effect at that time. It is in the new ordinance which simply states that this is essentially a contract for the city and the developer. Everyone is under the impression that that is the obligation of the party placing it on the site plan but it is not a code requirement. Mr. Holtel said at the time this was modified for the walkway, there was a different Board and Tamway agreed to save them the funds to go before Council to have the site plan altered. That was the agreement with the previous Board and Mr. Holtel suggested that they meet with the previous Board as well as this Board and try to compromise. This meeting was never put together. V/M Disraelly said he will meet with Tamway/Graystone and the Associa- tion concerning these existing problems. C/W MOVED to APPROVE Tem . Reso. #2108 releasing the bond in the amount of $14,087.00, SECONDED by V/M Disraelly. VOTE: ALL VOTED AYE 21. Fairways III & IV - Discussion and Possible Action on interest payments under the Water and Sewer Developers Agreement. .'A= 1/19/82 /pm 21. Fairwa s lII & IV - SYNOPSIS OF ACTION: Council accepted a check from Tamway Corp. in the amount of $3,521.75 and the transfer of the $6,000 cash bond from whatever account it is in to the appropriate water and sewer account as in accordance with the letter from Mr. Kaliff. A warranty bond is no longer needed in the amount of $3,521.75. The City Attorney said that Mr. Holtel has presented a check for $3,521.75 and they have a letter from Tamway on the $6,000 that the city is holding to apply towards water and sewer interest charges on Fairways III & IV. C/W Massaro made a MOTION that Council accept the check from Tamway in the amount of $3,521.75 and the transfer of the $6,000 cash bond from whatever account it is in to the appropriate water and sewer account as in accordance with the letter from Mr. Kaliff. That will prepay through January the $7,002.00 they owe and the prepayment of $2,519.00 against future interest payments. A warranty bond is no longer needed in the amount of $3,521.75. SECONDED by V/M Disraelly. VOTE: ALL VOTED AYE C/W Massaro told Mr. Kaliff that he should consider getting together with all parties concerned and compromise on this situation. Mr. Holtel requested a clarification from Council concerning all the figures involved on this. Mayor'Falck asked the Assistant City Clerk to furnish this. V/M Disraelly asked Mr. lioltel a question concerning 84th Terrace, in preparation for Fairways III, Tamway is putting in a turning lane. lie said this is approximately 600 feet and he asked if this could be shortened since there are only 60 apartments there. V/11 Disraelly suggested they put in a 60 foot storage lane which will take three vehicles and not destroy the entire length of that median. Mr. Holtel said this was at the request of the City Engineer and has already been done. 10 -(c ". Social Services - Discussion and Possible Action on author- ization to staff to purchase a 15-passenger van. Agendized by Consent. (See 1/13/82 Minutes) SY14OPSIS OF ACTION: TABLED to January 27, 1982 Regular Council Meeting at the request of the City Manager The City Manager said they are waiting for information from the General Services Assoc. of the State of Florida; therefore, she requests Council TABLE this item until the next regular City Council meeting. V/M Disraelly MOVED to TABLE to January 27, 1982 Regular City Council meeting this item, SECONDED by C/M Zemel. VOTE: ALL VOTED AYE - 5 - 1/19/82 /pm I r 7 11. Parks Grant Application - Discussion and possible action to authorize a modification to a grant application for funding for City parks which was submitted to the Florida Department of Natural Resources. SYNOPSIS OF ACTIO14: AMENDED the contract for the passive elements only for Tamarac Park at $18,000 and for Tract 27, the ecology portion only; a total state grant of approx- imately $15,867.00, with a state match of 2:1. The City Manager said Council has received copies of a memo from Mitch Ceasar, Grants Consultant, which indicates the proposal to amend a parks application to exclude that part of the Tract 27 Project for active recreation would, in fact, save the city approx- imately $38,000 and would pull $16,000 additional from the State of Florida. Staff must recommend the new alternative that Mitch Ceasar has proposed. V/M Disraelly asked if this would be harmful to the cite in any way and the City Manager said that they have indicated fromTallahassee that, on the contrary, it would be helpful. V/M Disraelly MOVED that the contract be. AMENDED for the pa.s.siye_ elements only for Tamarac Park at $18,000 and for Tract 27, the ecology portion only; a total state grant of approximately $15,867.00, with a state match of 2:1. SECONDED by C/M Zemel. VOTE: ALL VOTED AYE Mayor Falck welcomed back the City Attorney after his brief illness. 14AYOR FALCK ADJOURNED THE MEETI14G AT 3:20 P.M. ATTEST: ASSISTANT CITY CLERK This public document was promulgated at a cost of $ S or f der 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. - 6 - APPROVED BY CITY COUNCIL 014 (0 1/19/82 /pm