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Home My WebLink About1991-05-01 - City Commission Special Meeting Minutes@x- ۥFI Z� D� X R X R R XR XR XR XR X� � - X� XA �Y� Y( Z Z Z Z Z Z Z Z Z Z Z Z Z Z 4 I ZI ZI ZC ITY OF TAMARAC�X � ` X` X` X` X` Xp X CITY COUNCIL SPECIAL MEETING WEDNESDAY, MAY 1, 1991 CALL TO ORDER: Mayor Abramowitz called this meeting to order on Wednesday, May 1, 1991 at 9:30 a.m. in the Conference Room #1 of City Hall. PRESENT: Mayor Norman Abramowitz Councilman Irving Katz Councilman Henry Schumann Councilwoman Diane Glasser ABSENT AND EXCUSED: Vice Mayor Dr. H. Larry Bender ALSO PRESENT: John P. Kelly, City Manager Alan F. Ruf, City Attorney Dina McDermott, Assistant City Manager Alan Levine, Public Works Operations Manager Muriel R. Davis, Chairwoman of Charter Board Karen Jackson, Secretary ****************************************************************** 1. MOTION TO ADOPT TEMP. RESO. #6045 approving the change of speed limit on 71st Street from 30 mph to 25 mph from Northwest 108th Terrace to Nob Hill Road. SYNOPSIS OF ACTION: RESOLUTION R-91-79-PASSED APPROVED City Attorney Ruf read Temp. Reso. #6045 by title. C/W Glasser MOVED to APPROVE Temp. Reso. #6045, SECONDED by C/M Schumann. VOTE: ALL VOTED AYE 2. MOTION TO ADOPT TEMP. RESO. #6046 approving an Agreement between Broward County and the City of Tamarac for the joint funding of improvements to the intersection of Nob Hill Road and Northwest 71st Place. SYNOPSIS OF ACTION: RESOLUTION R-91-80-PASSED APPROVED City Attorney Ruf read Temp. Reso. #6046 by title. C/M Katz MOVED to APPROVE Temp. Reso. #6046, SECONDED by C/M Schumann. Mayor Abramowitz said the County will pay for a traffic light in its entirety. He said the responsibility is the City's for widening the road and the charges from FP&L for the electrical work is with the County. He said the County will reimburse 62.5% with the City paying the balance of 37.5%. He said FP&L requested a charge of $33,060 and then he read a memo from Broward County pertaining to an agreement between the County and the City of Tamarac. (See Attachment 1) C/M Katz said if the total exceeded the limit of the liability, the City would have to pay the difference. Mayor Abramowitz read a letter he received which indicated the cost of the FP&L relocation will be reduced to $9,655. VOTE: ALL VOTED AYE 3. MOTION TO ADOPT Temp. Reso. #6039 approving a contract with Infilco Degremont, Inc., for the direct purchase and delivery of the 8 MG Accelator for the Water Treatment Plant Upgrade in the amount of $279,800.00 as previously approved and funded by the City Council on February 13, 1991. (Tabled 4/17/91) SYNOPSIS OF ACTION: RESOLUTION R-91-81-PASSED APPROVED City Attorney Ruf read Temp. Reso. #6039 by title. C/M Schumann MOVED to APPROVE Temp. Reso. #6039, SECONDED by C/W Glasser. City Manager Kelly said in 1986, a bond issue was passed authorizing the construction of the Accelator project with a cost between $2.1 to $2.3 Million. EDITOR'S NOTE:C/M Katz was called away from the meeting and the meeting recessed until his return at 9:45 a.m. Mayor Abramowitz said those in attendance at the meeting before have returned. City Manager Kelly said the City must go ahead with regard to the construction of the Accelator Project. He said in 1986, the project cost was $279,800. He said in 1990, Infilco Degremont advised they would hold to this cost and the total work contract was $500,000 less than what was originally planned. Mayor Abramowitz said Council had originally approved the $500,000 more and during the ensuing discussions, the cost dropped $500,000 which proved to be very fortunate for the City. He said Infilco Degremont was adverse about accepting a purchase order for $279,800 and are requesting a formal agreement be prepared. He said Infilco Degremont has accepted the revised agreement and this should now be approved. He said the contractor has already started the preliminary work on the project. C/M Katz asked why Infilco Degremont did not accept the City's purchase request and if the Utilities Director compared what was originally approved. City Manager Kelly said this was the same piece of equipment with the same specifications. Mayor Abramowitz said the total package was $500,000. C/M Katz said his concern was there was something on the revision which did not appear on the first agreement and if Infilco Degremont did not accept the first agreement, would they accept the revision which they prepared for the City to approve. City Attorney Ruf said there were differences in the warrantees and the City is now adequately protected. Mayor Abramowitz said the letters he received were very specific and the purchase requisition could not detail all Infilco Degremont was requesting. City Attorney Ruf said the revised agreement protects the City. C/M Schumann asked if there was any Florida State Sales tax on the project. City Manager Kelly said there was none because approval was not given in 1986 and, when the project was re bid, the sales tax was dropped. C/M Katz said when previously discussing the project with Messrs. Foy and Jones, he was advised the Accelator could not be delivered because there was no place to put it. He said the problem has not been resolved as yet. He said he was concerned because the Attorney indicated there were charges if the contractor had to return and the City would have to pay again. Mayor Abramowitz asked if there were impurities in the fill and Councilman Katz said there were and it could not be put in certain areas. Mayor Abramowitz said if a developer wanted fill, it would have to be cleaned, which was not cost effective. Mayor Abramowitz asked if the contract specified the contractor was permitted to substitute a "like" piece of equipment. He said he referred to the air-conditioning units in City Hall. He said the units were not what the specifications called for, the contractor had the right to change and he substituted one unit for another as long as they were "alike" and approved. City City Attorney Ruf said the City provided the specifications. C/M Katz said legally the only way the project would be approved was if the agreement indicated "or alternate" and the City would approve the change from whoever submitted the original specifications. He said the City does not have to approve the change but could request an additional alternative or equal. Mayor Abramowitz asked City Manager Kelly to advise the Council when any changes or substitutions were made on already submitted specifications. C/M Schumann asked who would be installing the Accelator and City Manager Kelly said it was the company who was doing the construction and was separate from Infilco Degremont. City City Attorney Ruf said it was Mr. Foy's suggestion that the contractor should have purchased the Accelator instead of the City. City Manager Kelly said at the time, Council did not want the contractor to do it and the City would negotiate directly with Infilco Degremont. City Manager Kelly said Infilco Degremont manufactures the equipment and a contractor installs the equipment. Mayor Abramowitz said if the project was done one way, the City would have to pay the sales tax and if it was done the other way, the City would not have to pay the sales tax but it would cost the City $20,000. C/M Schumann asked if there was a standard clause in a contract with independent contractors which states they will not produce a contract bond when a project is undertaken. City Manager Kelly said this was part of the specifications. VOTE: ALL VOTED AYE 4. MOTION TO AUTHORIZE the appropriate City Officials to hire a Traffic Engineer to study traffic problems in the City of for an amount not to exceed $6,000.00. SYNOPSIS OF ACTION: APPROVED C/M Katz MOVED to APPROVE Item 4, SECONDED by C/W Glasser. C/M Katz said a light had been requested in front of the Fire Station on Pine Island Road and the County would wait until a serious accident occurred. He said in this case, the County indicated there were not enough accidents and it was not as dangerous as was first thought. Mayor Abramowitz said this was not so. He said the County prepared a study from the Traffic Division and used every stop light, stop sign and signage. Mayor Abramowitz said many studies were done at the Fire Station. Mayor Abramowitz said he would guarantee a study if C/M Katz requested one. Kelly Carpenter, Director of Community Development, said the Land Development Code requires that applicants for Site Plan approval pay traffic impact fees. She said the payment of the impact fees and the City's expenditure of the fees would take care of local road problems in the City. She said there are areas west of University Drive where Lennar is planning to develop and Lennar states they do not have to pay these impact fees. She said because Lennar has not paid, there are no monies available to pay road problems caused by their Site Plans. Ms. Carpenter said the City needs the services of a Traffic Engineer to evaluate the situation and then the City will advise Lennar that although the impact fees are not paid, Lennar will have to make improvement to the local roads. She said this resulted through the discussions of the rezonings along 108th Terrace. She said her budget now requests a Traffic Engineer be put on retainer to address these kinds of questions. She said her budget also proposed a Cost Recovery Ordinance which would deal with a developer to pay for the traffic engineering studies. She said her budget can pay the $6,000.00. Mayor Abramowitz said this has been a problem for many years. He said previous Council Minutes indicated Lennar did not have to pay the impact fees. He said based on the amount of development in the City, he is concerned about putting someone on a retainer and spending money. He said the project would pay for it in the long run but he is adverse to having someone on call is something he needs to explore further. Ms. Carpenter said by having a Traffic Engineer on call and also having the Cost Recovery Ordinance, the applicant would be billed to pay the total cost. Mayor Abramowitz reiterated the Traffic Engineer would be called upon only when there was an City Council Special Meeting applicant. Ms. Carpenter said she knows of no other developers who refused to pay the impact fees. Ms. Carpenter said she believes potential problems exist on 108th Terrace, 71st Street, and possibly on 81st Street. She said the only way to definitely find out is to have the Traffic Engineer do the study. C/W Glasser asked what the repercussions would be if the study was not done. City Manager Kelly said the matter would probably end up in court if the City imposes on Lennar to pay the fees. C/M Katz asked if the Traffic Engineer's study was limited to a certain area. Kelly Carpenter said it was for a specific area and not the whole City. C/M Schumann said the City was holding local impact fees which belong to Lennar. Mayor Abramowitz said Lennar wanted the City to hold these fees to off-set for not paying the impact fees. Mayor Abramowitz said Lennar was told that Lennar did not have to pay impact fees. Kelly Carpenter said Lennar's not paying the impact fees resulted from a 1972 Court Order and the 22 Stipulations which accompanied the Court Order. She said the City was in Court three times to have the Court change its mind that Lennar should not be charged impact fees and the City lost each time. She said Lennar has a right to not be charged impact fees since 1972. Mayor Abramowitz said the last time the City went to Court on this matter, the Judge said anyone has to comply with the applicable laws of the City of Tamarac of today. He said there was only one time when the City won and that was a case against Cardinal. C/M Katz said the Courts have determined the developers must conform to the Code of today but one Judge denied the City's right indicating the 1972 decision. Mayor Abramowitz said this Judge changed his mind in the last litigation. Mayor Abramowitz said the Judge indicated there was much being built in the western area of the City, the Court Order would state that whoever builds there had complied with the laws of the City when they built. Ms. Carpenter said this was not the issue but if so, then a Workshop needs to be scheduled with the City Attorney along with documents for review because the history of this issue is 21 years old. She said if Lennar states they do not have to pay impact fees, then the City and the County's Comprehensive Plan must implement the Concurrency Management System. She said the City needs the Traffic Engineer to back this up. C/W Glasser asked what the total was of the impact fees Lennar refused to pay. Mayor Abramowitz said the total was under a million dollars. Ms. Carpenter said Lennar is the only developer who refuses to pay the impact fees. She said Lennar would pay the park impact fees. Tape 2 Ms. Carpenter said the consultant advised the fee would probably be $3,500.00 and the budget allows up to $6,000.00 without an RFP. C/M Schumann said if the Traffic Engineer's opinion is in our favor, would the Courts agree with it. Ms. Carpenter said under the Concurrency Management System, the State and the County Land Use Plan and the City's Comprehensive Plan, the City would advise Lennar their application would not be approved because the facilities required are not in place. She said Lennar would be told the project would sit if the impact fees were not paid. C/M Schumann asked why this could not be done now and Kelly Carpenter said we could but we did not have the traffic data to support the City's position. Ms. Carpenter said the City never looked at local traffic problems with an ongoing Traffic Engineer. She said having an impact fee system since 1986 alleviated the problems. C/M Katz asked if a Workshop could be scheduled to discuss this issue. Kelly Carpenter said this would be done. VOTE: ALL VOTED AYE City Manager Kelly said his office received notification from FIU's Institute of Government that they are sponsoring, a "Future of State and Local Government in Florida" Conference in Miami on May 17 with a $25.00 registration fee. He said he would distribute copies of the literature involved. City Manager Kelly suggested Council schedule a Workshop to discuss the budget proposals Kelly Carpenter has with regard to fee increases. City Manager Kelly suggested Council schedule a Workshop to discuss Recreation Department fees in the Multi-Purpose Building. Mayor Abramowitz said Council agreed it was a good idea because various groups have expressed interest in using this facility in the evening and the Public Works Director is looking for a 15% increase over the daytime rate. City Manager Kelly said this can be put on the May 8 Council Agenda. C/W Glasser asked how many requests were received to use the Multi-Purpose Building. Mayor Abramowitz said 172 requests were received and up until now no one had been turned down. He said Kings Point permitted anyone belonging to a national organization to use their Clubhouse. C/W Glasser said she would like to see the City give preference to the smaller organizations whose finances are not as great. C/M Katz said he would not be in attendance at the May 8 meeting. City Manager Kelly said Council will need to discuss the fee structure for use on Saturdays. He suggested the structure be based on various fee memberships such as family, single adult, child, resident, non-resident, employee and daily rate because of the various equipment contained therein. City Manager Kelly suggested new Members of Council take a "rolling tour" of the Utilities/Water Plant complex on N.W. 61st Street. Mayor Abramowitz asked Dina McDermott if she received any response to the City's request for donation of vehicles. She said it was too soon to tell because the "Tam-A-Gram" just went out. He said when this is again publicized, more explanation should be indicated as to why the City requested the vehicles. Anthony Silvestri, resident and Vice-Chairman of the Planning Commission, said the City's file contained Judge Weissinger's last ruling which related to all work done at that date and that everything must conform with the new City Ordinances. With no other business, Mayor Abramowitz ADJOURNED the Meeting at 10:35 a.m. Mayor Abramowitz reconvened the Meeting for an issue which came up regarding the Multi-Purpose Center. He said all members in attendance at that time are in attendance now. Assistant City Manager McDermott said a special honorary plaque has been made for Representatives Graber, Deutsch and Senator Weinstein who were instrumental in the appropriations for the Center. She said the cost would be $1,300 for the same size sign which is there now. C/M Katz said he would like the City to have a ceremony to award the plaque which will be put on the outside left front side of the main entrance to the Center. Assistant City Manager McDermott said she will order the sign. With no further business, Mayor Abramowitz ADJOURNED this meeting at 10:45 a.m. NORMAN ABRAMOWITZ MAYOR CAROL A. EVANS CITY CLERK "This public document was promulgated at a cost of $158.46 or $8.80 per copy to inform the general public, public officers and employees of recent opinions and considerations of the City Council of the City of Tamarac." City Council Special Meeting 5/1/91/PP Page page \* arabic1 City Council Special Meeting 5/1/91/PP Page page \* arabic1 ~� ��/��N��p�� Z \ c n � � � � � � � * 3 S r � � � b d g �5 ? A X i u w � � � � �� $ & / 4 8 ? @ Q S [ a p r L N � � � � 7 9 Q S V w � � � � � � �� ! _ � � � � � � / 0 8 J L � � � � � � � � � � � � � � � ^ ` �� 9 ; �� ; = r t = ? 0 �� ! � ! �!" 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